claimants, &c. expense of the ants, the price whereof shall be the same as is paid for surveying the public lands; but no surveyor shall charge for any line except such as may be actually run, nor for any line not Surveyor to necessary to be run. He shall appoint a suitable number of appoint deputies. deputies, and shall fix and determine their fees: Provided, That Proviso; cost the whole cost of surveying shall not exceed four dollars a mile: of survey not to exceed, &c. And provided also, That none other than township lines shall be Proviso; none run where the land is deemed unfit for cultivation : Said surveytownship lines or shall reside at such place as the president of the United States to be run; and may direct, and shall keep his office there, and may charge the following fees, to wit: for recording the plat and surveys of private claims made by any of his deputies, twenty-five cents for each mile contained in the boundary of such survey, and twenty-five cents for any copy certified from the books of his office. [Approved, May 8, 1822.]. other than surveyor to reside, &c. Surveyor's fees for re cording, &c. ACTS OF THE SEVENTEENTH CONGRESS OF THE UNITED STATES: Passed at the second session, which was begun and held at the City of Washington, in the District of Columbia, on Monday, the 2d day of December, one thousand eight hundred and twenty-two, and ended on the 3d day of March, one thousand eight hundred and twenty-three. JAMES MONROE, President. DANIEL D. TOMPKINS, Vice President, and President of the Senate. JOHN GAILLARD, President of the Senate pro tempore. PHILIP P. BARBOUR, Speaker of the House of Representatives. thorized to CHAP. 130. An act authorizing an additional naval force for the suppression of piracy. § 1. Be it enacted, &c. That the president of the United President auStates be, and he hereby is, authorized to purchase or construct purchase or a sufficient number of vessels, in addition to those now employ- construct vesed, of such burthen and construction as he may deem necessary, equip, and sels, to fit, and to fit, equip, and man the same for immediate service, for the man them for purpose of repressing piracy, and of affording effectual protection service, for reto the citizens and commerce of the United States in the Gulf of pressing piraMexico, and the seas and territories adjacent. cy, &c. immediate 2. That the sum of one hundred and sixty thousand dollars 160,000 dolls. be appropriated to meet the expenditure to be incurred as afore-appropriated to such expensaid, and paid out of any money in the treasury, not otherwise diture. appropriated. [Approved, December 20, 1822.j CHAP. 131. An act concerning the apportionment of representatives in the state of Ala bama. have three representa $1. Be it enacted, &c. That, from and after the third day of From the Sd day of March March, one thousand eight hundred and twenty-three, the state next, the state of Alabama shall have three members in the house of represen- of Alabama to tatives, in the congress of the United States, it appearing, from members in the returns of the marshal of Alabama, deposited in the office of the house of the secretary of state of the United States, that the said state of tives, agreeaAlabama at the passage of the act, entitled "An act for the ap- of 7th March, bly to the act portionment of representatives among the several states, accord- 1822. ing to the fourth census," approved March seven, one thousand eight hundred and twenty-two, was entitled to the number of The 7th, 8th, sections of act three representatives, according to the population of the said state, and the ratio established by the said act. [Approved, January 14, 1823.] CHAP. 134. An act to continue the present mode of supplying the army of the United § 1. Be it enacted, &c. That the seventh, eighth, ninth and 9th, and 10th tenth sections of the act, entitled "An act regulating the staff of 14th April, of the army," passed April fourteenth, eighteen hundred and 1818, continu- eighteen, be, and the same are hereby, continued in force for the term of five years, and until the end of the next session of congress thereafter. [Approved, January 23, 1823.] ed in force, &c. Vol. iii. p. 1671. The secretary ry to cause filed and re CHAP. 135. An act to enable the proprietors of lands held by titles derived from the United States to obtain copies of papers from the proper department, and to declare the effect of such copies. § 1. Be it enacted, &c. That whenever any person claiming to of the treasu- be interested in, or entitled to land, under any grant or patent authentic co- from the United States, shall apply to the treasury department pies of papers for copies of papers filed and remaining therein, in any wise maining in the affecting the title to such land, it shall be the duty of the secrepartment, to be tary of the treasury to cause such copies to be made out and made, &c. and authenticated, under his hand and seal, for the person so applybe equal evi-ing, and such copies, so authenticated, shall be evidence equally dence as the as the original papers. [Approved, January 23, 1823.] treasury de these copies to original pa pers. The 1st, 2d, 3d, and 4th sections of act 1819, made perpetual. CHAP. 136. An act in addition to "An act to continue in force 'An act to protect the commerce of the United States, and punish the crime of piracy,' and, also, to make further provision for punishing the crime of piracy." 1. Be it enacted, &c. That the first, second, third, and fourth sections of an act, entitled "An act to protect the comof 3d March, merce of the United States; and punish the crime of piracy," passed on the third day of March, in the year of our Lord one thousand eight hundred and nineteen, be, and the same are hereby, continued in force, in all respects, as fully as if the said sections had been enacted without limitation, in the said act, or in the act to which this is an addition, and which was passed on the fifteenth day of May, in the year of our Lord one thousand eight hundred and twenty. [Approved, January 30, 1823.] An additional pointed for the territory of Michigan, within the Michilimacki nac, Brown CHAP. 137. An act to provide for the appointment of an additional judge for the Michigan territory, and for other purposes. § 1. Be it enacted, &c. That there shall be appointed an adjudge to be a ditional judge for the Michigan territory, who shall possess and exercise, within the counties of Michilimackinac, Brown, and Crawford, in the territory aforesaid, as said counties are now counties of defined and established, or may be hereafter defined and established, the jurisdiction and power heretofore possessed and exand Crawford, ercised by the supreme court of the said territory, and by the power of the county courts of said counties respectively, within the said counsupreme court ties, and to the exclusion of the original jurisdiction of the said and of the supreme court: and the jurisdiction of the said court, hereby county courts. established, shall be concurrent with the said county courts; but in all suits, either at law or in equity, appeals shall be al having the of territory, county courts Proviso. lowed from the decisions of the said county courts to the court Appea's alestablished by this act, in the same manner as is provided for owed from the appeals from said courts to the supreme court of said territory: to this court. Provided always, That the said supreme court shall have full power and authority to issue writs of error to the court established by this act, in all civil causes, and to hear and determine the same when sitting as a supreme court of the territory, according to the constitution and laws of the United States, and to the statutes adopted and published by the governor and judges of said territory: And provided also, That nothing in this act Proviso, contained shall be construed to give cognizance to the court hereby established, of cases of admiralty and maritime jurisdic tion, nor of cases wherein the United States shall be plaintiffs, except as hereinafter mentioned. court of the the reversal to render such &c. shall be no the court to 2. That the said supreme court are hereby authorized, upon The supreme the reversal of a judgment of the court established by this act, territory auto render such judgment as the said court ought to have render- thorized upon ed or passed, except where the reversal is in favor of the plain- of a judgment tiff in the original suit and the debt, or damages to be assessed of this court, are uncertain: in which case the cause shall be remanded to the judgment, county from whence it came, in order to a final determination. §3. That, when any person, not being an executor or ad- A writ of error ministrator, applies for a writ of error, such writ shall be no stay stay of proof proceedings in the court to which it issues, unless the plaintiff ceedings in in error, his agent or attorney, shall give security, to be approv- which it ed of by a judge of the said supreme court, which shall be cer- the plaintiff' in tified on the back of such writ, that the plaintiff in error shall error, his prosecute his writ to effect, and pay the condemnation money torney, give, and all costs, or otherwise abide the judgment of the court, if he &c. fail to make his plea good; and no cause, except suits in equity, cept suits in shall be removed to said supreme court from the court hereby equity to be established, but by writ of error, as herein before provided; and this court, &c. suits in equity may be removed by appeal, in the same manner Suits in equity as is provided for appeals from the county courts to the suprente ed by appeal. may be remov court. issues, unless agent or at No cause, ex removed from hold one term ly. 4. That the court established by this act, shall hold one term This court to in each of the counties aforesaid, yearly, at the following times in each of the and places, to wit: at Prairie du Chien, on the second Monday counties yearin May; at Green Bay, on the second Monday in June; and at Mackinac, on the third Monday in July, in each and every year; and shall then and there proceed to hear and determine the pleas, process, and proceedings, depending therein, in the same manner as the said supreme or county courts might, or could have done, in case this act had not been passed; and the clerks of the The clerks of said county courts, shall be clerks of the court, hereby established in their respective counties, and shall be entitled to such fees clerks of the for their services as may be allowed them by law; and the officers appointed to execute the process of the said county courts counties. within the said counties, are hereby authorized and required to execute the process of the court hereby established. the county court to be court in their respective 5. That the said court, hereby established, shall have and This court to possess concurrent jurisdiction with the said supreme court, in have concur and over all actions arising under the acts and laws in force, or tion with the rent jurisdic supreme court, &c. with the in all actions, Indians. which may be enacted, for the regulating trade and intercourse with the Indians, and over all crimes and offences which shall be committed within that part of the Indian country lying north and west of lake Michigan, within the territory of Michigan. The judge to 6. That the judge to be appointed by virtue of this act, shall be appointed reside in one of the counties aforesaid, and shall receive the same by virtue of this act, to re- salary, and payable in the same manner, as is provided and esside in one of tablished by law for the judges of the said supreme court of the the counties. This act to take effect Michigan territory. 7. That this act shall take effect, and be in force, from and from the 20th after the twentieth day of March next. [Approved, January March next. 30, 1823.] Vol. i. p. 464. No advance of to be made. Proviso. CHAP. 138. An act concerning the disbursement of public money. § 1. Be it enacted, &c. That, from and after the passing of this public money act, no advance of public money shall be made in any case whatever; but in all cases of contracts for the performance of any service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered, or of the articles delivered previously to such payment: Provided, 'That it shall be lawful, under the special direction of the president of the United States, to make such advances to the disbursing officers of the government, as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfilment of the public engagements: And provided also, That the president of the United States may direct such advances, as he may deem necessary and proper, to such persons in the military and naval service as may be employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled, cannot be regularly effected. Proviso. Officers or United States 2. That every officer or agent of the United States, who agents of the shall receive public money which he is not authorized to retain, to account as salary, pay, or emolument, shall render his accounts quarter quarter yearly. yearly to the proper accounting officers of the treasury, with the vouchers necessary to the correct and prompt settlement thereof, within three months, at least, after the expiration of each successive quarter, if resident within the United States; and within six months if resident in a foreign country: Provided, That nothing herein contained shall be construed to restrain the secretaries of any of the departments from requiring such returns from any officer or agent, subject to the control of such secretaries, as the public interest may require. Proviso. Officers or tions, to be promptly reported, &c. Proviso. $3. That every officer or agent of the United States, who agents offend- shall offend against the provisions of the preceding sections, ing against the preceding sec- shall, by the officer charged with the direction of the department to which such offending officer is responsible, be promptly reported to the president of the United States, and dismissed from the public service: Provided, That in all cases, where any officer, in default as aforesaid, shall account to the satisfaction of the president for such default, he may be continued in office, any thing in the foregoing provision to the contrary notwithstanding. |