Nothing in this act to be construed to ex tend to any court, &c. STATUTE I. May 23, 1828. Secretary of the Treasury empowered to provide for building lighthouses, &c. At Dice's Head. point. On Nayat point, &c. Beacon light on Spindle Rock. Two light houses north of Kinder Hook, &c. " Two light houses on Little Watt's Island, &c. Lighthouse on Smith's point. Light vessel to be substituted, &c. Beacon lighthouse on Pamptico Sound, &c. Lighthouse in Mobile bay, &c. Two lighthouses, one at Otter creek point, &c. Lighthouse, St. John's river. Sums appropriated to be paid from the treasury. Lighthouse on Dice's Head. Lighthouse on Nobsque Rock, &c. Lighthouse, Dumpling rock. SEC. 4. And be it further enacted, That nothing in this act contained shall be construed to extend to any court of the United States now established, or which may hereafter be established, in the state of Louisi(a) ana. APPROVED, May 19, 1828. CHAP. LXIX.-An Act to authorize the building of lighthouses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Secretary of the Treasury be, and he is hereby, empowered to provide, by contract, for building lighthouses and light vessels, and erecting beacons, and placing buoys, on the following sites and shoals, to wit: In the state of Maine, a lighthouse at Dice's Head. In the state of Massachusetts, a lighthouse on Nobsque point; one on the Point of Flats, at the entrance of Edgartown harbour; a lighthouse on Dumpling rock, south of the mouth of Aponeganset river. In the state of Rhode Island, a lighthouse on Nayat point; and two pyramids or spindles, to wit: one on a reef of rocks, under water, opposite to Pawtuxet, and one on a reef of rocks, opposite the Punham Rock, in the northern part of Narraganset bay. In the state of Connecticut, a beacon light on or near the Spindle Rock, at the mouth of Black Rock harbour. In the state of New York, two small lighthouses, to wit: one on the flats, two miles north of Kinder Hook, upper landing, called the Drowned Lands, and one on the point of the island on the west side of the channel, opposite the lower landing. A lighthouse at a proper site, at or near Portland, on Lake Erie. In the state of Maryland, two lighthouses; one on Little Watt's Island, at the south-eastern extremity of Tangier Sound; and the other on Clay Island, at the northernmost extremity of the same sound; and a beacon light, or a small lighthouse on Point Lookout, in the Chesapeake bay. In the state of Virginia, a lighthouse on Smith's point, at the mouth of the Potomac, in the Chesapeake bay. In the state of North Carolina, a light vessel, to be substituted for the lighthouse heretofore directed to be built at the Point of Marsh, at the mouth of Neuse river. A beacon light, or small lighthouse, at a proper site on Pamptico point; and one at the south entrance of Roanoake marshes. In the state of Alabama, a lighthouse at or near Choctaw point, in Mobile bay; and an iron spindle on Sand island, on the outer bar of Mobile bay. In the territory of Michigan, two lighthouses; one at Otter creek point, at the head of Lake Erie, and the other on the Island of Bois Blanc, near Michilimacinac. In the territory of Florida, a lighthouse at the mouth of St. John's river SEC. 2. And be it further enacted, That the following sums of money be appropriated and paid out of any moneys in the treasury not otherwise appropriated, for the purpose of carrying the provisions of this act into effect, viz: For building a lighthouse on Dice's Head, five thousand dollars. For the lighthouse on Nobsque point, three thousand dollars; and for the pier and lighthouse at the entrance of Edgartown harbour, five thou sand five hundred dollars. For a lighthouse on Dumpling rock, four thousand dollars. (a) See an act to regulate the mode of practice in the courts of the United States in Louisiana, May 26, 1824, ch. 181, and notes to that act. For a lighthouse on Nayat point, three thousand five hundred dollars; and for two pyramids or spindles, in Narraganset bay, two thousand dol lars. For a beacon-light on or near Spindle rock, at the mouth of Black Rock harbour, six thousand two hundred dollars. For two small lighthouses in Hudson river, eight thousand dollars. For a lighthouse at or near Portland, on Lake Erie, five thousand dollars; one thousand dollars for removing obstructions in order to make the light of the lighthouse at the mouth of Genessee river, on Lake Ontario, visible at a distance. Lighthouse on Nayat point. Beacon-light on or near Spindle rock. Two lighthouses in Hudson river. Lighthouse near Portland. A tower, &c., For erecting a tower and placing a bell thereon with machinery, near the lighthouse on Pool's Island, Chesapeake bay, two thousand eight hun- near the light dred dollars. For the lighthouse on Little Watt's island, six thousand five hundred dollars; and for that on Clay island, six thousand five hundred dollars; and for a beacon-light, or small lighthouse, on Point Look Out, four thousand five hundred dollars. For the lighthouse on Smith's point, seven thousand five hundred dollars. house on Pool's On Smith's point. Beacon-light or lighthouse on Pamptico point, &c. For a beacon-light or lighthouse on Pamptico point, five thousand dollars; and for one at the entrance of Roanoke Marshes, five thousand dollars; for a light vessel, to be placed at or near the point of Marsh Shoal, at or near the mouth of Neuse river, six thousand five hundred dollars; this sum to be in addition to the sum already appropriated for 1827, ch. 47. building a lighthouse at the point of Marsh, at the mouth of the said river, for which lighthouse the light vessel is substituted. For a lighthouse at Otter Creek point, five thousand dollars. For one at St. John's river, six thousand five hundred dollars; and for one on Choctaw point, six thousand five dollars. For placing four buoys in Hudson river, on the following sites: One on a reef of rocks opposite Van Wee's point; one on a reef of rocks north of Constitution point; one on a reef of rocks, the south point of Conner's Hook island; and one on a wreck of a vessel sunk in Haverstraw bay; three hundred dollars. For placing two buoys near the channel, to the eastward of the Pea Patch, in the river Delaware, viz: one on the north-east point of the Pea Patch; and one on a small shoal in the passage, four hundred dollars. For spindles or monuments, and buoys, to render the navigation of Kennebec bay and river safe, fifteen hundred dollars. Otter Creek point. On Bois Blanc. river. Four buoys in the Hudson ri ver. Two buoys near the Pea Patch in the river Delaware. Spindles, &c. Kennebec bay. Buoy on Kill For placing a buoy on Killpond bar, in Buzzard's bay, sixty dollars. For placing twenty buoys, at proper sites, in the river Teche, in the pond bar. state of Louisiana, two thousand six hundred dollars. For an iron spindle on Sand Island, on the bar of Mobile bay, six hun dred dollars. For five buoys, in the channel, between Key West and the islands to the westward of it and the main, leading from the Gulf Stream to the bay of Mexico, seven hundred dollars. For two buoys at the mouth of St. John's river, territory of Florida, one hundred and sixty dollars. SEC. 3. And be it further enacted, That the said secretary be empowered as aforesaid, and that the following sums be appropriated and paid as aforesaid, for the purposes hereafter designated, viz: To build a lighthouse, at a proper site, near St. Mark's harbour, in Florida, the sum of six thousand dollars. To build a lighthouse on a ledge of rocks, called the Whale's Back, in the harbour of Portsmouth, in the state of New Hampshire, eight thousand dollars, in addition to the former appropriation for that object. Twenty buoys in Louisiana. Iron spindle on Sand Island. Five buoys in the channel be tween Key West. Two buoys at the mouth of St. John's river. Lighthouse near St. Mark's harbour. Lighthouse at Portsmouth. 1827, ch. 47. Lighthouse near the mouth of Duck creek. Salaries of the respective keepers of lighthouses. Proviso. Appropriation. STATUTE I. May 23, 1828. Act of May 8, 1822, ch. 129. 3, 1823, ch. 29. The three claims to land in the district of West Florida, reports of the To build a lighthouse near the mouth of Duck creek, adjoining Delaware bay, the sum of four thousand dollars. SEC. 4. And be it further enacted, That, from and after the passage of this act, the Secretary of the Treasury be, and he is hereby, authorized and empowered to regulate and fix the salaries of the respective keepers of lighthouses, in such manner as he shall deem just and proper: Provided, The whole sum allowed shall not exceed an average of four hundred dollars to each keeper. SEC. 5. And be it further enacted, That the sum of five thousand two hundred dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, in addition to the sums heretofore appropriated, to pay the salaries to the several keepers of the lighthouses within the United States; to be applied under the direction of the Secretary of the Treasury, in conformity to the authority in him vested by the third section of this act. APPROVED, May 23, 1828. CHAP. LXX.-An Act supplementary to the several acts providing for the settlement and confirmation of private land claims in Florida. (a) Be it enacted by the Senate and House of Representatives of the United Act of March States of America, in Congress assembled, That the three claims to land in the district of West Florida, contained in the reports of the commissioners, and numbered four, [4] eight, [8] and ten, [10] excluding from the latter the land contained in certificate, and in the plats A. and Č., and the claims contained in the reports of the commissioners of East Florida, and in the reports of the receiver and register, acting as such, made in pursuance of the several acts of Congress providing for the settlement of private land claims in Florida, and recommended for confirmation by said commissioners, and by the register and receiver, be, and the same are hereby, confirmed to the extent of the quantity contained in one league square, to be located by the claimants, or their agents, within the limits of such claims or surveys filed, as aforesaid, before the said commissioners, or receiver and register, which location shall be made within the bounds of the original grant, in quantities of not less than one section, and to be bounded by sectional lines. contained in the commissioners, numbered 4, 8, and 10, excluding from the latter the land con tained in certificate, and in the plats A. and C., &c., confirmed. No more than the quantity of acres contained in a league square shall be confirmed within the bounds of any one grant, &c. All the decisions made by the register, &c., of the district of East Flo rida, as commissioners under act of Feb. 8, 1827, ch. 9, recom mended for confirmation, confirmed. SEC. 2. And be it further enacted, That no more than the quantity of acres contained in a league square, shall be confirmed within the bounds of any one grant and no confirmation shall be effectual until all the parties in interest, under the original grant, shall file with the register and receiver of the district where the grant may be situated, a full and final release of all claim to the residue contained in the grant: and where there shall be any minors incapable of acting within said territory of Florida, a relinquishment by the legal guardian shall be sufficient; and thereafter the excess in said grants, respectively, shall be liable to be sold as other public lands of the United States. SEC. 3. And be it further enacted, That all the decisions made by the register and receiver of the district of East Florida, acting ex officio, as commissioners, in pursuance of an act of Congress, approved the eighth of February, one thousand eight hundred and twenty-seven, authorizing them to ascertain and decide claims and titles to lands in the district aforesaid, and those recommended for confirmation under the quantity of three thousand five hundred acres, contained in the reports, abstracts, and opinions, of the said register and receiver, transmitted to the Secretary of the Treasury, according to law, and referred by him to Congress, on the twenty-ninth January, one thousand eight hundred and twenty (a) See notes of the decisions of the Supreme Court upon claims and titles to land in the territory of Florida, vol. iii. 709. The confirmations eight, be, and the same are hereby, confirmed. SEC. 5. And be it further enacted, That the proper accounting officers of the treasury be, and they are hereby, authorized to adjust and pay the accounts of the register and receiver, acting as commissioners, their contingent expenses, and the receiver the compensation heretofore allowed for bringing their reports to Washington, out of any money in the treasury not otherwise appropriated. Claims not decided and SEC. 6. And be it further enacted, That all claims to land within the territory of Florida, embraced by the treaty between Spain and the United States of the twenty-second of February, one thousand eight hundred and nineteen, which shall not be decided and finally settled under the foregoing provisions of this act, containing a greater quantity of land than the commissioners were authorized to decide, and above the amount confirmed by this act and which have not been reported, as antedated or forged by said commissioners, or register and receiver acting as such, shall be received and adjudicated, by the judge of the superior court of the district within which the land lies, upon the petition of the claimant, according to the forms, rules, regulations, conditions, restrictions, and limitations prescribed to the district judge, and claimants in the state of Missouri, by act of Congress, approved May twenty-sixth, eighteen hundred and twenty-four, entitled "An act enabling the claimants to lands within the limits of the state of Missouri, and territory of Arkansas, to 26, 1824, ch. institute proceedings to try the validity of their claims:" Provided, That nothing in this section shall be construed to authorize said judges to take cognisance of any claim annulled by the said treaty, or the decree ratifying the same by the king of Spain, nor any claim not presented to the commissioners or register and receiver, in conformity to the several acts of Congress, providing for the settlement of private land claims in Florida. SEC. 7. And be it further enacted, That it shall be lawful for the claimants to lands, as aforesaid, to take an appeal, as directed in the act aforesaid, from the decision of the judge of the district, to the Supreme Court of the United States, within four months after the decision shall be pronounced; and the said judges shall each be entitled to receive the extra compensation given to the district judge of Missouri, for the performance of the duties required by this act, out of any money in the treasury not otherwise appropriated. SEC. 8. And be it further enacted, That so much of the said act, the provisions of which, so far as they are applicable, and are not altered by this act, are hereby extended to the territory of Florida, as subjects the claimants to the payment of costs in any case where the decision may be in favour of their claims, be, and the same is hereby, repealed; and Act of May 173. Proviso. Claimant may appeal to the Supreme Court of the United States within four the decision shall be pronounced, &c. months after Costs. Repeal of certain provisions. Attorney general of the United States, for the district in which the suits authorized by this act shall be instituted, in every case where the de cision is against the United States, to make out and trans mit to the attor ney general a statement con taining the facts of the case, &c. The President of the United States to appoint a law intend, &c. Duty of the agent. the costs shall abide the decision of the cause as in ordinary causes before the said court. And so much of the said act as requires the claimants to make adverse claimants parties to their suits, or to show the court what adverse claimants there may be to the land claimed of the United States, be also hereby repealed. SEC. 9. And be it further enacted, That it shall be the duty of the attorney of the United States for the district in which the suits authorized by this act shall be instituted, in every case where the decision is against the United States, to make out and transmit to the attorney general of the United States, a statement, containing the facts of the case, and the points of law on which the same was decided: and it shall be the duty of the attorney general, in all cases where the claim exceeds one league square, and in all other cases, if he shall in such latter cases think the decision of the district judge is erroneous, to direct an appeal to be made to the Supreme Court of the United States, and to appear for the United States, and prosecute such appeal: which appeal in behalf of the United States may be granted at any time within six months after the rendition of the judgment appealed from, or at any time before the expiration of the term thereof, which may commence next after the expiration of said six months; and it shall be the further duty of the `district attorney to observe the instruction given to him by the attorney general in that respect. SEC. 10. And be it further enacted, That it shall be lawful for the President of the United States to appoint a law agent, whose special duty it shall be to superintend the interests of the United States in the premises, agent, to super- to continue him in place as long as the public interest requires his continuance; and to allow such pay to the agent as the President may think reasonable. It shall also be the duty of said agent to collect testimony in behalf of the United States, and to attend, on all occasions, when said claimants may take depositions; and no deposition so taken by them shall be read as evidence, unless said agent or district attorney shall have been notified, in writing, of the time and place of taking them, so long previous to said time as to afford to him an opportunity of being present. The Presi SEC. 11. And be it further enacted, That it shall be lawful for the dent to appoint President to employ assistant counsel, if in his opinion the public interest shall require the same: and to allow to such counsel and the district attorney, such compensation as he may think reasonable. assistant coun sel. Claims to lands, &c., within the purview of this act, forever barred after the passage of this act, if, &c. Decrees ren dered by said district or Supreme Court United States to be conclusive, &c. STATUTE I. May 23, 1828. Where public lands have SEC. 12. And be it further enacted, That any claims to lands, tenements, or hereditaments, within the purview of this act, which shall not be brought by petition before said court within one year from the passage of this act, or which, after being brought before said court, shall, on account of the neglect or delay of the claimant, not be prosecuted to a final decision within two years, shall be forever barred, both at law and in equity; and no other action at common law, or proceeding in equity, shall ever thereafter be sustained in any court whatever. SEC. 13. And be it further enacted, That the decrees which may be rendered by said district, or the Supreme Court of the United States, shall be conclusive between the United States and the said claimants only, and shall not affect the interests of third persons. APPROVED, May 23, 1828. CHAP. LXXI.-An Act for the relief of purchasers of the public lands that (a) See notes to the act of March 21, 1828, ch. 22. |