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obligation en

4. That no security given to, or obligation entered into No security with, the government, shall be in any wise impaired, by the dis- given to o missing any officer, or from failure of the president to dismiss tered into any officer coming under the provisions of this act. [Approved, ernment, to be January 31, 1823.]

CHAP. 139. An act to revive and continue in force certain acts for the adjustment of land claims in the territory of Michigan.

with, the gov

impaired.

Vol. iv. p. 2105.

vived, and

November

ers to report to

$1. Be it enacted, &c. That the act, entitled "An act to re- Act of 11th vive the powers of the commissioners for ascertaining and decid- May, 1820, reing on claims to land in the district of Detroit, and for settling continued in the claims to land at Green Bay and Prairie du Chien, in the force till 1st territory of Michigan," approved May the eleventh, one thous- next." and eight hundred and twenty, shall be, and the same is hereby, revived, and shall continue in force until the first day of November next; and it shall be the duty of the said commissioners, as CommissionSoon thereafter as may be, to forward their report, as is required the secretary by the second section of said act, to the secretary of the treasury, to be by him laid before congress at its next session. § 2. That the second section of the act, entitled "An act to Second sec authorize the granting of patents for land, according to the sur- tion of the act of 23d April, veys that have been made, and to grant donation rights to cer- 1812, to emtain claimants of land in the district of Detroit, and for other brace all persons having purposes," approved April twenty-third, one thousand eight hun- claims con dred and twelve, shall be so construed as to embrace all persons Milk River who have claims confirmed below Milk River Point, at the lower Point, end of Lake St. Clair.

of the treasury,

to be laid before congress.

firmed below

issued to per

been filed with

the act of 11th

3. That patents shall, and they are hereby directed to, be Patents to be issued, in the mode pointed out by law in other cases, to persons sons whose whose claims to lands, town or village lots, have been regularly claims have filed with the commissioners appointed by an act, entitled "An the commisact to revive the powers of the commissioners for ascertaining sioners under and deciding on claims to land in the district of Detroit, and for May, 1820. settling the claims to land at Green Bay and Prairie du Chien, in the territory of Michigan," passed on the eleventh day of May, one thousand eight hundred and twenty, and whose claims are contained in the report transmitted to the secretary of the treasury, and which have been reported favorably on by said commissioners; and such persons are hereby confirmed in their claims, agreeably to any surveys heretofore made, or the lines and boundaries established by the claimants respectively: Pro- Proviso. vided, That such confirmations shall only amount to a relinquishment forever, on the part of the United States, and that not more than six hundred and forty acres shall be confirmed by virtue of any one claim; nor shall more be confirmed, in any case, than the quantity claimed; nor shall any claim extend in width more than forty, nor in depth more than eighty, arpents; nor to land heretofore, and now, reserved by the United States for public

uses.

Claimants

any officer of

4. That, wherever it shall appear to the said commissioners who have been that any claimant to land, or a town or village lot, at Green Bay removed by or Prairie du Chien, cannot establish his, her, or their, claim to the United the same, in consequence of his, her, or their, removal therefrom States' army, VOL. III.

216

to have

which they

certificates for by any officer of the United States' army, it shall be the duty of any tract of the said commissioners to issue a certificate to such person or land, &c. persons, for any tract of land, or village lot, which may have have occupied been occupied by him, her, or them, after such removal, not exceeding, in quantity, that originally claimed; on which certificates patents shall issue, as in other cases; which claims shall be, in all other respects, subject to to the restrictions and provisions of the third section of this act.

after such removal.

Michilimackinaw, on the

who have con

of the U.

legal repre

sentatives, to

Occupants of § 5. That every person who, on the first day of July, one land in Green thousand eight hundred and twelve, was a resident of Green Bay, Bay, Prairie du Chien, or Prairie du Chien, or within the county of Michilimackinaw, and who, on the said day, occupied and cultivated, or occupied a 1st July, 1812, tract of land which had previously been cultivated by said occutinued under pant, lying within either of said settlements, and who has contithe authority nued to submit to the authority of the United States, or to the States, or their legal representatives of every such person, shall be confirmed in the tract so occupied and cultivated; and the said commissionbe confirmed ers, in adjudicating on claims to land embraced by this act, are in said land. authorized to take into their consideration the evidence and facts collected and reported to them by the agents of the United States, pursuant to the provisions of the act of the eleventh of May, one thousand eight hundred and twenty, as well as such other and further evidence and testimony as may or shall be exhibited before them by the claimants, to support their claims: And the register of the land office at Detroit is authorized and required to receive and record all notices and claims to lands provided for by this act, and which shall be exhibited to him on or before the first day of October next: Provided, however, That no person shall be confirmed in a greater quantity than six hundred and forty acres; nor shall any tract, so confirmed, exceed eighty arpents from front to rear. And it shall be the duty of the surveyor general of the United States, under the direction of the secretary of the treasury, to cause the land confirmed by this act to be surveyed, at the expense of the claimants, respectively; plats of which shall be returned, as in other cases, and patents therefor shall be granted to the several claimants in the manner prescribed by law.

Proviso.

An additional

lowed to per

6. That the secretary of the treasury shall be, and he is sum to be al- hereby, authorized to allow to the former agent, and to each of sons carrying the persons whose duty it is made to carry this law into effect, this law into such sum, in addition to the sum allowed by the first recited act, effect. as he may deem just and reasonable. [Approved, February 21,

State of South

vided into two

1823.]

CHAP. 140. An act to divide the state of South Carolina into two judicial districts. 1. Be it enacted, &c. That the state of South Carolina be, Carolina di- and the same is hereby, divided into two districts, in the manner districts, the following, that is to say: the districts of Lancaster, Chester, eastern and York, Union, Spartanburgh, Greenville, Pendleton, Abbeville, Edgefield, Newbury, Laurens, and Fairfield, shall compose one district, to be called the western district; and the residue of the state shall form one other district, to be called the eastern dis

western.

trict court to

Western dis

nual session

trict. And the terms of the said district court, for the eastern Eastern disdistrict, shall be held in Charleston, at such times as they are be held in now by law directed to be holden. And for the trial of all such Charleston, criminal and civil causes, as are by law cognizable in the district trict court to courts of the United States, which may hereafter arise or be have one anprosecuted, or sued, within the said western district, there shall at Laurens be one annual session of the said district court holden at Lau- court house. rens court house, to begin on the second Monday in May in each year; to be holden by the district judge of the United States of the state of South Carolina; and he is hereby authorized and directed to hold such other special sessions as may be necessary for the despatch of the causes in the said court, at such time or times as he may deem expedient, and may adjourn such special sessions to any other time previous to a stated session. [Approved, February 21, 1823.]

CHAP. 144. An act supplementary to the several acts for the adjustment of land claims in Act of 1805,

the state of Louisiana.

the

re

the

$1. Be it enacted, &c. That the claims for lands within eastern district of the state of Louisiana, described by the gister of the land office of the said district, in his report to secretary of the treasury, bearing date the 6th of January, one thousand eight hundred and twenty-one, be, and the same are hereby, confirmed, against any claim on the part of the United States.

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Red river con

§ 2. That the claims for lands within the district north of Red Claims of river, in the state of Louisiana, described by the register of the lands north of land office of the said district, in his report to the secretary of firmed. the treasury, bearing date the first January, one thousand eight hundred and twenty-one, and included in the first, second, and third, classes of claims, be, and the same are hereby, confirmed against any claim on the part of the United States, with the exception of the claims numbered forty and fifty-one in the first class, and of the claims numbered forty-four, forty-five, fortysix, forty-seven, and forty-eight, in the said first class, (which are included in the claim of Baron Bastrop.) [Approved, February 28, 1823.]

CHAP. 145. An act for laying out and making a road, from the lower rapids of the Miami of lake Erie to the western boundary of the Connecticut western reserve, in the state of Ohio, agreeably to the provisions of the treaty of Brownstown.

from the lower

§ 1. Be it enacted, &c. That the state of Ohio is hereby aut- State of Ohio thorized to lay out, open, and construct, a road, from the lower authorized to rapids of the Miami of lake Erie, to the western boundary of the layout a road Connecticut western reserve, in such manner as the legislature rapids of the of said state may by law provide, with the approbation of the Erie to, &c. president of the United States; which road, when constructed, shall forever remain a public highway,

Miami of lake ·

and

expenses.

§ 2. That, in order to enable the state of Ohio to open and Land granted construct said road, a tract of land, one hundred and twenty feet for the road wide, whereon to locate the same, together with a quantity of land equal to one mile on each side thereof, and adjoining thereto,

When goods

have not been

entered, they

sited in the

the invoice be produced. Proviso.

Proviso.

voice, the said goods, wares, or merchandise, were subject, óver and above the amount of duties estimated on the said appraise

ment.

§ 3. That when goods, wares, or merchandise, imported into the United States, shall not have been entered in pursuance of shall be depo- the provisions of this or any other act regulating imports and public ware- tonnage, the same shall be deposited, according to existing laws, houses until in the public warehouse, and shall there remain, at the expense and risk of the owner, until such invoice be produced: Provided, however, That, when the said goods, wares, or merchandise, shall have remained in the public warehouse nine months, if imported from any port or place on this side, and eighteen months, if from any port or place beyond, the Cape of Good Hope, or Cape Horn, or from the Cape of Good Hope, and no invoice shall be produced, then the said goods, wares, and merchandise, shall be appraised, and the duties estimated thereon in the manner hereinafter directed: Provided also, That nothing herein contained shall be understood to prohibit the sale of such quantities of goods, stored as aforesaid, as may be necessary to discharge the duties thereon, and all intervening charges, at the time or times when such duties shall become due and payable: And provided further, That the collector be, and he is hereby, authorized to direct an earlier sale of articles of a perishable nature, and of such as may be liable to waste; first giving such notice of the sale as circunstances may admit, by public advertisement, in one or more papers, at or nearest to the port where such sale may be ad; which said articles the collector shall previously cause to be appraised, and the duties estimated thereon, in the manner hereinafter directed; and, the proceeds of such sale shall be disposed of at the expiration of the said periods of nine and eighteen months, respectively, as the case may be, in the manner prescribed by the fifty-sixth section of the act regulating the collection of duties on imports and tonnage, passed the second day of March, one thousand seven hundred and ninety-nine: Provided also, That nothing in this section shall be construed to affect the cases contemplated by the fifty-sixth section of the act regulating the collection of duties on imports and tonnage, passed the second of March, one thousand seven hundred and ninety-nine.

Proviso.

Proviso.

Oath of consignee, importer, or agent, at

time of entry.

4. That, in all cases where goods, wares, or merchandise, shall have been imported into the United States, and shall be entered by invoice, one of the following oaths, according to the nature of the case, shall be administered by the collector of the port at the time of entry, to the owner, importer, consignee, or agent, in lieu of the oath now prescribed by law in such case:

Consignee, importer, or agent's oath.

1. I,
do solemnly and truly (swear or affirm, that
the invoice and bill of lading now presented by me to the col-
lector of
, are the true and only invoice and bill
of lading by me received, of all the goods, wares, and merchan-
dise, imported in the
ter, from

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,

whereof

is mas

for account of any person whomsoever,

for whom I am authorized to enter the same; that the said invoice and bill of lading are in the state in which they were actually received by me, and that I do not know nor believe in the existence of any other invoice, or bill of lading of the said goods, wares, and merchandise; that the entry now delivered to the collector, contains a just and true account of the said goods, wares, and merchandise, according to the said invoice and bill of lading; that nothing has been, on my part, nor, to my knowledge, on the part of any other person, concealed or suppressed, whereby the United States may be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise, and that, if, at any time hereafter, I discover any error in the said invoice, or in the account now rendered of the said goods, wares, and merchandise, or receive any other invoice of the same, I will immediately make the same known to the collector of this district. And I do further solemnly and truly (swear or affirm) that, to the best of my knowledge and belief, (insert the name and residence of the owner or owners, is or are) of the goods, wares, and merchandise, mentioned in the annexed entry; that the invoice now produced by me exhibits the actual cost, (if purchased,) or fair market value, (if otherwise obtained,) at the time or times, and place or places, when and where procured, (as the case may be,) of the said goods, wares, and merchandise, all the charges thereon, and no other or different discount, bounty, or drawback, but such as has been actually allowed on the

same.

Owner's oath, in cases where goods, wares, or merchandise, Owner's oath, have been actually purchased.

I,

where goods, &c. have been

do solemnly and truly (swear or affirm) that the en- purchased,

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contains a

whereof

.

try now delivered by me to the collector of just and true account of all the goods, wares, and merchandise, imported by, or consigned to, me, in the is master, from that the invoice which I now produce, contains a just and faithful account of the actual cost of the said goods, wares, and merchandise, of all charges thereon, including charges of purchasing, carriages, bleaching, dyeing, dressing, finishing, putting up, and packing, and no other discount, draw. back, or bounty, but such as has been actually allowed on the same; that I do not know nor believe in the existence of any ins voice or bill of lading other than those now produced by me, and that they are in the state in which I actually received them. And I do further solemnly and truly (swear or affirm) that I have not, in the said entry or invoice, concealed or suppressed any thing whereby the United States may be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise; and that if, at any time hereafter, I discover any error in the said invoice, or in the account now produced, of the said goods, wares, and merchandise, or receive any other invoice of the same, I will immediately make the same known to the collector of this district. Manufacturer's or owner's oath, in cases where goods, wares, Manufactur or merchandise, have not been actually purchased. er's or owner's , do solemnly and truly (swear or affirm) that the goods, &c.

I,

oath, where

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