Act of March 2, 1799, ch. 22. Act of April 20, 1818, ch. 74. Twenty days from date of clearance for completing en try, &c. in cases of draw back. Proviso. STATUTE I. April 21, 1820. Laws of the United States extended to Alabama. Alabama a district. A district court of one judge. Four stated sessions annually, at Mobile and Cahawba. Powers of the Judge. shall continue in force for two years from the twentieth day of April, one thousand eight hundred and twenty, and, from that time, until the end of the next session of Congress, thereafter, and no longer. SEC. 2. And be it further enacted, That, in all cases of entry of merchandise for the benefit of drawback, the time of twenty days shall be allowed, from the date of the clearance of the ship or vessel in which the same shall be laden, for completing the entry, and taking the oath required by law: Provided, That the exporter shall, in every other particular, comply with the regulations and formalities heretofore established for entries of exportation for the benefit of drawback. APPROVED, April 18, 1820. CHAP. XLVII.-An Act to establish a district court in the state of Alabama.(a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all the laws of the United States, which are not locally inapplicable, shall be extended to the state of Alabama, and shall have the same force and effect within the same as elsewhere within the United States. SEC. 2. And be it further enacted, That the said state shall be one district, and be called the Alabama district; and a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called the district judge. He shall hold, alternately, at the towns of Mobile and Cahawba, beginning at the first, four stated sessions annually; the first to commence on the first Monday in April next, and the three other sessions, progressively, on the first Monday of every third calendar month thereafter. He shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district, under an act entitled "An act to establish the judicial courts of the United States," and an act entitled "An act in addition to the act, entitled 'An act to establish the judicial courts of the United States,"" approved second March, one thousand seven hundred and ninetyClerks of the three. He shall appoint clerks for the said district, who shall reside, and keep the records of the court, at the places of holding the same, and shall receive, for the services performed by them, the same fees to which the clerk of the Kentucky district is entitled for similar services. Act of 1789, ch. 20. 1793, ch. 22. court. Causes, &c. in the territorial general court transferred to the district court. SEC. 3. And be it further enacted, That all causes, actions, indictments, libels, pleas, processes, and proceedings, whatsoever, returnable, commenced, depending, or in any manner existing, in the general court established by an act, entitled "An act to establish a separate territorial government for the eastern part of the Mississippi territory," by virAct of March tue of the federal jurisdiction by that act granted, be, and the same are hereby, transferred to the said district court, and may be proceeded in, shall exist, and have like incidents and effects, as if they had been originated and been proceeded in, in the said district court. 3, 1817, ch. 59. (a) The acts which have been passed relating to the district court of Alabama are: An act to establish a district court in the state of Alabama, April 21, 1820, ch. 47. An act to alter the terms of the district court of Alabama, Nov. 27, 1820, ch. 1. An act for the better organization of the district courts of the United States in the state of Alabama, March 10, 1824, ch. 28. An act fixing the times and places of holding the district courts of the United States in the district of Alabama, May 22, 1826, ch. 149. An act to alter the times of holding the district courts of the United States for the districts of Maine, Illinois, and Alabama, Jan. 27, 1831, ch. 10. An act to alter the time of holding the district courts of the United States for the southern district of Alabama, March 2, 1827, ch. 41. An act respecting the jurisdiction of certain district courts, Feb. 19, 1831, ch. 28. An act supplementary to an act, entitled "An act to amend the judicial system of the United States, March 3, 1837, ch. 32, sec. 3, 4. An act to re-organize the district courts of the United States in the state of Alabama, Feb. 6, 1839, ch. 20. SEC. 4. And be it further enacted, That the dockets, books, records, and papers, belonging to the said general court, arising out of, and appertaining to, its federal jurisdiction, shall be transferred to, and become the dockets, books, records, and papers, of the said district court. SEC. 5. And be it further enacted, That there shall be allowed to the judge of the said district court, the annual compensation of fifteen hundred dollars, to commence from the date of his appointment; to be paid quarter yearly at the treasury of the United States. SEC. 6. And be it further enacted, That there shall be appointed, in the said district, a person learned in the law, to act as attorney for the United States; who shall, in addition to his stated fees, be paid by the United States two hundred dollars annually, as a full compensation for all extra services. SEC. 7. And be it further enacted, That a marshal shall be appointed for the said district, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as are prescribed to marshals in other districts; and shall, moreover, be entitled to the sum of two hundred and fifty dollars annually, as a compensation for all extra services. APPROVED, April 21, 1820. CHAP. XLVIII.-An Act relative to the Arkansas territory. (a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the act of Congress passed on the fourth day of June, one thousand eight hundred and twelve, providing for the government of the territory of Missouri, as modified by the act of Congress passed on the twenty-ninth day of April, one thousand eight hundred and sixteen, entitled an act to alter certain parts of the act aforesaid, shall be considered as applicable to the government of the territory of Arkansas, and shall have reference to the proceedings of the said territory, in the organization of the second grade of the territorial government assumed, by said territory, under an act of Congress of the second of March, one thousand eight hundred and nineteen, establishing the territory of Arkansas; and all and every step taken under the last-mentioned act, shall be considered valid, if not inconsistent with the three before-recited acts taken together. APPROVED, April 21, 1820. CHAP. L.-An Act to authorize the Secretary of State to cause the laws of the SEC. 2. And be it further enacted, That fifteen sets of the laws of the (a) See notes to act of March 2, 1819, ch. 49. CHAP. LI. - An Act making further provision for the sale of the public lands. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the first day of July next, all the public lands of the United States, the sale of which is, or may be authorized by law, shall, when offered at public sale, to the highest bidder, be offered in half quarter sections; and when offered at private sale, may be purchased, at the option of the purchaser, either in entire sections, half sections, quarter sections, or half quarter sections; and in every case of the division of a quarter section, the line for the division thereof shall run north and south, and the corners and contents of half quarter sections which may thereafter be sold, shall be ascertained in the manner, and on the principles directed and prescribed by the second section of an act entitled, "An act concerning the mode of surveying the public lands of the United States," passed on the eleventh day of February, eighteen hundred and five; and fractional sections, containing one hundred and sixty acres, or upwards, shall, in like manner, as nearly as practicable, be sub-divided into half quarter sections, under such rules and regulations as may be prescribed by the Secretary of the Treasury; but fractional sections, containing less than one hundred and sixty acres, shall not be divided, but shall be sold entire : Provided, That this section shall not be construed to alter any special provision made by law for the sale of land in town lots. SEC. 2. And be it further enacted, That credit shall not be allowed for the purchase money on the sale of any of the public lands which shall be sold after the first day of July next, but every purchaser of land sold at public sale thereafter, shall, on the day of purchase, make complete payment therefor; and the purchaser at private sale shall produce, to the register of the land office, a receipt from the treasurer of the United States, or from the receiver of public moneys of the district, for the amount of the purchase money on any tract, before he shall enter the same at the land office; and if any person, being the highest bidder, at public sale, for a tract of land, shall fail to make payment therefor, on the day on which the same was purchased, the tract shall be again offered at public sale, on the next day of sale, and such person shall not be capable of becoming the purchaser of that or any other tract offered at such public sales. SEC. 3. And be it further enacted, That from and after the first day of July next, the price at which the public lands shall be offered for sale, shall be one dollar and twenty-five cents an acre; and at every public sale, the highest bidder, who shall make payment as aforesaid, shall be the purchaser; but no land shall be sold, either at public or private sale, for a less price than one dollar and twenty-five cents an acre; and all the public lands which shall have been offered at public sale before the first day of July next, and which shall then remain unsold, as well as the lands that shall thereafter be offered at public sale, according to law, and remain unsold at the close of such public sales, shall be subject to be sold at private sale, by entry at the land office, at one dollar and twenty-five cents an acre, to be paid at the time of making such entry as aforesaid; with the exception, however, of the lands which may have reverted to the United States, for failure in payment, and of the heretofore reserved sections for the future disposal of Congress, in the states of Ohio and Indiana, which shall be offered at public sale, as hereinafter directed. SEC. 4. And be it further enacted, That no lands which have reverted, or which shall hereafter revert, and become forfeited to the United States for failure in any manner to make payment, shall, after the first day of July next, be subject to entry at private sale, nor until the same shall have been first offered to the highest bidder at public sale; and all such . reverted, &c. before the 1st July, 1820, and tions. reserved sec Sale of lands lands which shall have reverted before the said first day of July next, and which shall then belong to the United States, together with the sections, and parts of sections, heretofore reserved for the future disposal of Congress, which shall, at the time aforesaid, remain unsold, shall be offered at public sale to the highest bidder, who shall make payment therefor, in half quarter sections, at the land office for the respective districts, on such day or days as shall, by proclamation of the President of the United States, be designated for that purpose; and all lands which shall revert and become forfeited for failure of payment after the said first day of July reverting, &c. next, shall be offered in like manner at public sale, at such time, or times, as the President shall by his proclamation designate for the purpose: Provided, That no such lands shall be sold at any public sales hereby authorized, for a less price than one dollar and twenty-five cents an acre, nor on any other terms than that of cash payment; and all the lands offered at such public sales, and which shall remain unsold at the close thereof, shall be subject to entry at private sale, in the same manner, and at the same price with the other lands sold at private sale, at the respective land offices. after 1st July, 1820. All lands un sold at public, may be entered at private sale. Public sales SEC. 5. And be it further enacted, That the several public sales authorized by this act, shall, respectively, be kept open for two weeks, and for two weeks. no longer; and the registers of the land office and the receivers of public money shall, each, respectively, be entitled to five dollars for each day's attendance thereon. SEC. 6. And be it further enacted, That, in every case hereafter, where two or more persons shall apply for the purchase, at private sale, of the same tract, at the same time, the register shall determine the preference, by forthwith offering the tract to the highest bidder. APPROVED, April 24, 1820. Preference to be given to the highest bidder. STATUTE I. CHAP. LII.-An Act in addition to the several acts for the establishment and regula- May 1, 1820. tion of the Treasury, War, and Navy Departments. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall be the duty of the Secretary of the Treasury, to cause to be carried to the account of the surplus fund, any moneys appropriated for the Department of War, or of the Navy, which may remain unexpended in the treasury, or in the hands of the treasurer, as agent for those departments, whenever he shall be informed, by the secretaries of those departments, that the object for which the appropriation was made has been effected. And it shall be the duty of the Secretaries of War and Navy Departments, to cause any balance of moneys drawn out of the treasury, which shall remain unexpended, after the object for which the appropriation was made shall be effected, to be repaid to the treasury of the United States; and such moneys, when so repaid, shall be carried to the surplus fund. SEC. 2. And be it further enacted, That it shall be the duty of the Secretaries of the War and Navy Departments, to lay before Congress, on the first day of February, of each year, a statement of the appropriations of the preceding year, for their departments respectively, showing the amount appropriated under each specific head of appropriation, the amount expended under each, and the balance remaining unexpended, either in the treasury, or in the treasurer's hands, as agent of the War or Navy Departments, on the thirty-first December preceding: And it shall be further the duty of the Secretaries aforesaid, to estimate the probable demands which may remain on each appropriation, and the balance shall be deducted from the estimates of their departments, respectively, for the service of the current year; and accounts shall also be annually rendered, in manner and form as aforesaid, exhibiting the sums expended out of the estimates aforesaid, and the balance, if any, which may remain on Act of March 2, 1809, ch. 28. Unexpended moneys to be carried to the surplus fund. Balances of moneys drawn, after the object has been effect ed, to be repaid to the treasury, &c. an Secretaries of War and Navy to lay before Congress, nually, a statement of appropriations, &c. Secretaries to estimate the probable demands, and the balance to be deducted, &c. to Accounts be annually ren dered. Unexpended moneys in the hands of the treasurer, as agent of War and Navy De partments, for more than two years, &c. to be carried to the surplus fund. Proviso. Expenditures for services, &c. under the War Department, and balances to be returned and carried to the surplus fund. Appropriations for the service of one year not to be transfer red to another branch of ex penditure in a different year, Branches of expenditure in the War Department. Branches of expenditure in the Navy De partment. No contracts cept under hand, together with such information, connected with the same, as shall be deemed proper. And whenever any moneys, appropriated to the Department of War, or of the Navy, shall remain unexpended in the hands of the treasurer, as agent of either of those departments, for more than two years after the expiration of the calendar year in which the act of appropriation shall have been passed, or to which it refers, it shall be the duty of the Secretary of such department to inform the Secretary of the Treasury of the fact, and the Secretary of the Treasury shall thereupon cause such moneys to be carried to the account of the surplus fund: Provided, That when an act making an appropriation, shall assign a longer duration for the completion of its object, no transfer of any unexpended balance, to the account of the surplus fund, shall be made until the expiration of the time fixed in such act. SEC. 3. And be it further enacted, That in the settlement of the accounts of the War Department, for services or supplies accruing prior to the first of July, one thousand eight hundred and fifteen, the expenditures shall be charged to arrearages, and the balances of public money hereafter recovered out of advances made in the War Department, for services or supplies prior to the date aforesaid, shall be returned to the treasury, and, by the Secretary of the Treasury, be carried to the surplus fund. SEC. 4. And be it further enacted, That nothing contained in the act of March third, one thousand eight hundred and nine, entitled "An act further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments," shall be so construed, as to allow any appropriation whatever for the service of one year to be transferred to another branch of expenditure in a different year, nor shall any appropriations be deemed subject to be transferred, under the provisions of the above-mentioned act, after they shall have been placed in the hands of the treasurer, as agent of the War or Navy Departments. SEC. 5. And be it further enacted, That the above-mentioned act of the third of March, one thousand eight hundred and nine, shall be, and the same is hereby, so amended, that the President shall be authorized to direct a portion of the moneys appropriated for any one of the following branches of expenditure in the military department, viz: For the subsistence of the army, for forage, for the medical and hospital department, for the quartermaster's department; to be applied to any other of the abovementioned branches of expenditure in the same department: And that the President shall be also further authorized, to direct a portion of the moneys appropriated for any of the following branches of expenditure in the Naval Department, viz: For provisions, for medicine and hospital stores, for repairs of vessels, for clothing; to be applied to any other of the above-mentioned branches of expenditure in the same department: and that no transfers of appropriation, from or to other branches of expenditure, shall be hereafter made. SEC. 6. And be it further enacted, That no contract shall hereafter be to be made ex- made by the Secretary of State, or of the Treasury, or of the Department of War, or of the Navy, except under a law authorizing the same, or under an appropriation adequate to its fulfilment; and excepting also, contracts for the subsistence and clothing of the army or navy, and contracts by the quartermaster's department, which may be made by the Secretaries of those departments. authority of a law, or an adequate appropriation. Exceptions. No land to be purchased for the United States except under authority of a law. Secretary of SEC. 7. And be it further enacted, That no land shall be purchased on account of the United States, except under a law authorizing such purchase. SEC. 8. And be it further enacted, That it shall be the duty of the Secretary of the Treasury to annex to the annual estimates of the appropriations required for the public service, a statement of the apannex to annual propriations for the service of the year which may have been made by former acts; and, also, a statement of the sums remaining in the the Treasury to estimates, a |