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territory, as he may deem the interests of the United States may require, in` the prosecution of such bills of review before the said court.
Appeal to the Supreme Court
SEC. 7. And be it further enacted, That, in all cases, the party against whom the judgment or decree of the said court may be finally given, United States. shall be entitled to an appeal, within one year from the time of its rendition, to the Supreme Court of the United States, which court shall have power to review the decision of the court below, both on the law and the facts; and the court in Arkansas be, and the same is hereby required to spread upon the record the whole testimony, together with the reasons for their decision in each case, and to transmit to the Supreme Court of the United States the same, together with the original warrant, concession, grant, order of survey, or other evidence of title.
Grounds of ap
sation to judges, $800 dollars per
SEC. 8. And be it further enacted, That each of the judges of the supreme court of the territory of Arkansas shall, while in the discharge of their duties imposed by this act, be allowed at the rate of eight hundred dollars per annum, in addition to their salary as judges of the superior court for the territory of Arkansas, which shall be in full for their services, to be paid out of any money in the treasury, not other Appropriation. wise appropriated.
APPROVED, May 8, 1839.
CHAP. XCI.-An Act supplementary to the act, entitled "An act to authorize the citizens of the territories of Arkansas and Florida to elect their officers, and for other purposes."
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in case any vacancy has occurred, or shall occur in any office to which any person has been, or shall be elected by the citizens of Arkansas, under the provisions of the act to which this is a supplement, either by a refusal to accept the same, or by death, resignation, or otherwise, the governor of the said territory is hereby authorized and required to supply such vacancy, until the next general election; and in case any vacancy shall occur, in the offices of justice of the peace, auditor, or treasurer for the said territory, either by a refusal to accept the same, or by death, resignation, or otherwise, the governor thereof is hereby authorized and required to supply such vacancy until the next meeting of the legislature. APPROVED, May 8, 1830.
May 8, 1830. [Obsolete.]
Certain vacancies to be filled
by governor till next general election.
Act of Jan. 21, 1829, ch. 13.
meeting of legislature.
CHAP. XCII.-An Act to authorize the re-conveyance of a lot of land to the May 10, 1830. mayor and corporation of the city of New York.
WHEREAS the mayor and corporation of the city of New York, on the sixth May, one thousand eight hundred and eight, did convey to the United States, a lot of land at the foot of Hubert-street, in the city of New York, called the North Battery, so long as the same should be used and applied to the defence and safety of the port of New York, and no longer :"
authorized to reconvey North Battery to the
Be it therefore enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, whenever the President of the United States shall determine that the said lot is no longer useful for the purposes aforesaid, he be, and he hereby is, authorized to cause the same to be re-conveyed to the mayor and corporation city of New of New York, the works thereon to be dismantled, and the materials thereof to be disposed of, in such manner as, in his judgment, the public interest may require.
APPROVED, May 10, 1830.
May 14, 1830.
Draw to be made, &c.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the corporation of Georgetown, in the District of Columbia, be, and they are hereby, authorized, within six months from the passing of this act, to form a draw in the bridge leading from Washington city to Alexandria, across the Potomac river, not less than sixty-six feet in length, nor less than twelve feet wide; and for defraying the expense of making said draw, the sum of six thousand dollars be, and the same is hereby, appropriated, out of any unappropriated money in the treasury.
reduced to 24 feet, &c.
SEC. 2. And be it further enacted, That the Washington Bridge Company shall hereafter be required to keep eight reflecting lamps, to be lighted during the night, of which four shall be at the principal draw, Width may be two at the smaller draw, and one at each end of the bridge; and in repairing said bridge, the company may, and hereby are, permitted to reduce the width of the bridge to twenty-four feet, leaving four feet on one side of said bridge for foot-passengers, which shall, by a strong and sufficient railing, be separated from the carriage-way.
SEC. 3. And be it further enacted, That, in making said draw, the opposite side of the warps, above and below the bridge, shall be curved off in circular form; and the sides of the spaces covered by said draw, shall be sufficiently and strongly planked up on each side; and said bridge company shall remove from the passage through it, all obstructions to safe navigation.
Sec. of War
SEC. 4. And be it further enacted, That so soon as the Secretary to be the inspec- of War shall be fully satisfied that the work contemplated by this act to
tor of this work.
be done, under the superintendence and authority of the corporation of Georgetown, is properly and sufficiently well done, and is entirely safe for Appropriation the passing of wagons, then, and not before, shall the appropriation herein made condition- be paid, or so much of the same as shall be sufficient to meet the ally. expenses of making said draw.
SEC. 5. And be it further enacted, That said corporation of Georgetown shall not interrupt the passage across said bridge for a longer period than sixty days, under the penalty of paying to the bridge company, an amount equal to ten dollars, for each and every day over sixty days, that the passing of said bridge may be interrupted.
SEC. 6. And be it further enacted, That if said company shall refuse of refusal of Cor- to the corporation of Georgetown the right to execute the provisions of poration to, &c. this act, then the rights and provisions in favour of said company, secured by the second section of this act, shall be null and void, and of no effect.
Lamps to be kept, &c.
Form of warps.
Passage over bridge not to be interrupted for
more than sixty days.
Another draw to be made.
$2,000 appropriated, under same stipulations, &c.
CHAP. XCV.-An Act to alter the bridge and draws across the Potomac, from
SEC. 7. And be it further enacted, That if the said company shall refuse to permit the alteration in the draw herein provided for, and shall, within thirty days after the passage of this act, notify the corporation of Georgetown of such refusal, then this act, and every thing therein contained, shall cease to have effect.
SEC. 8. And be it further enacted, That the corporation of Washington, in the said District of Columbia, be authorized to form a draw in said bridge, over the eastern channel of said river, thirty-five feet wide; for which purpose the sum of two thousand dollars is hereby appropriated, and is to be applied in the same manner, by the corporation of Washington, to the construction of the said last-mentioned draw, as the appropriation in the first section of this act is to be made and applied by the corporation of Georgetown, to the construction of the first-mentioned draw; and, further, that all the provisions of this act, relating to the firstmentioned draw and the corporation of Georgetown, shall apply to the draw last mentioned and the corporation of Washington.
SEC. 9. And be it further enacted, That nothing contained in this act shall be considered as giving a construction to so much of the tenth and eleventh sections of the original charter of said bridge company, as relates to the construction of draws in said bridge. APPROVED, May 14, 1830.
This act not to
be considered as construing, &c.
CHAP. XCVI. An Act to alter the time of holding the sessions of the legislative May 14, 1830. council of the territory of Florida.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the legislative council of the territory of Florida shall commence its session on the first Monday in January in each year, instead of the second Monday in October, as now directed by law.
SEC. 2. And be it further enacted, That the first and third sections of an act "to amend an act for the apprehension of criminals and the punishment of crimes and misdemeanors," passed by said legislative council the fifteenth day of November, eighteen hundred and twentynine, be, and the same are hereby annulled. APPROVED, May 14, 1830.
Times for sessions to commence.
Vol. iii. 654.
ments of the legislative council annulled.
CHAP. XCVIII.-An Act to establish a port of delivery at Delaware City. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That Delaware City, in the district of Philadelphia, shall be a port of delivery; and a surveyor shall be appointed, who shall reside at said city. APPROVED, May 20, 1830.
CHAP. XCXIX.—An Act making appropriations to carry into effect the treaty of Butte des Mortes.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums be, and they are hereby, appropriated, to be paid out of any unappropriated money in the treasury, to carry into effect a treaty with the Chippewa, Menomonie, and Winnebago Indians, ratified the twenty-third February, one thousand eight hundred and twenty-nine, viz:
May 20, 1830. Port of Delivery established.
May 20, 1830. [Obsolete.] Appropriations for treaty with Chippewas, &c.
For the expense of distributing goods among the Indians at said treaty, as stipulated in the fourth article, fifteen thousand six hundred and eighty- goods. two dollars.
For purposes of education, as provided by the fifth article, for three years, three thousand dollars.
For compensation of commissioners, and other expenses attending the adjustment of boundaries, and other objects referred to in the first, second, and third articles, five thousand dollars. APPROVED, May 20, 1830.
Boundary commissioners, &c.
CHAP. CI.-An Act to reduce the duties on coffee, tea, and cocoa. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, from and after the thirtyfirst day of December, one thousand eight hundred and thirty, the duty on coffee shall be two cents per pound, and from and after the thirty
May 20, 1830.
Duty on coffee.
Teas imported from China, &c.
Teas imported from any other place, or in foreign bottoms, &c.
applied to tea, in custom-house stores, &c.
STATUTE I. May 20, 1830.
Act of May
Mode of drawing and empanneling juries to conform to that
of the state courts.
Duties of mar
shal and judge,
&c., to conform
to those of the state sheriff and judges.
first day of December, one thousand eight hundred and thirty-one, the duty on coffee shall be one cent per pound, and no more; and from and after the thirty-first day of December, one thousand eight hundred and thirty, the duty on cocoa shall be one cent per pound, and no more. And that from and after the thirty-first December, one thousand eight hundred and thirty-one, the following rates of duty and no other, shall be levied and collected on teas imported from China, or other place east of the Cape of Good Hope, and in vessels of the United States, to wit: Imperial, Gunpowder, and Gomee, twenty-five cents per pound; Hyson and Young Hyson, eighteen cents per pound; Hyson Skin, and other green teas, twelve cents per pound; Souchong and other black teas, except Bohea, ten cents per pound, and Bohea four cents per pound; and on teas imported from any other place, or in vessels other than those of the United States, the following rates, to wit: Imperial, Gunpowder, and Gomee, thirty-seven cents; Hyson, and Young Hyson, twenty-seven cents; Hyson Skin, and other green teas, twenty cents; Souchong, and other black teas, except Bohea, eighteen cents; and Bohea, six cents per pound.
SEC. 2. And be it further enacted, That tea, cocoa, and coffee, which have been, or which shall be hereafter, put into the custom-house stores, under the bond of the importer, and which shall remain under the control of the proper officer of the customs, on the thirty-first of December, one thousand eight hundred and thirty, and the thirty-first day of December, one thousand eight hundred and thirty-one, respectively, shall be subject to no higher duty than if the same were imported, respectively, after the said thirty-first day of December, one thousand eight hundred and thirty, and the thirty-first day of December, one thousand eight hundred and thirty-one: Provided, That nothing herein contained shall be construed to alter or postpone the time when the duty on the said tea, cocoa, and coffee shall be payable. APPROVED, May 20, 1830.
CHAP. CII.-An Act to amend an act, entitled "An act to regulate the practice in the courts of the United States, for the district of Louisiana. (a)
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the mode of proceeding in drawing and empanneling juries in the courts of the United States for the Louisiana districts, shall be the same as is now provided by law in the district courts of the state of Louisiana; and that the judge of the United States' courts in said district be, and he is hereby authorized, by rule, to adopt any amendment that may hereafter be made to the laws of the said state, prescribing the qualification of jurors, and providing for drawing and empanneling juries.
SEC. 2. And be it further enacted, That all the duties prescribed by the laws of the state of Louisiana, to be performed by the sheriff, in relation to the drawing and summoning of jurors, shall be performed by the marshals, and those so prescribed for the parish judge, or the district judge of the state, shall be performed by the district judge of the United States. And that the duties so prescribed by the said state laws, imposed on any other state officer, shall be performed by such householders as shall be designated by the said judge of the district court of the United States.
APPROVED, May 20, 1830.
(a) See notes to the act of May 26, 1824, ch. 181.
CHAP. CV.—An Act to quiet the titles of certain purchasers of lands, between the lines of Ludlow and Roberts, in the state of Ohio.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be, and he is hereby, authorized to pay, out of any money in the treasury, not otherwise appropriated, to the Virginia military claimants of lands situated between the two lines in the state of Ohio, commonly called Ludlow's and Roberts' lines, and south of the Greenville treaty line, located prior to the twenty-sixth day of June, in the year of our Lord one thousand eight hundred and twelve, the sum of sixty-two thousand five hundred and fifteen dollars and twenty-five cents, with interest thereon from the fourth March, eighteen hundred and twenty-five, at six per cent. per annum, until paid; being the amount at which said lands were valued, exclusive of improvements, under the act of Congress, entitled "An act to authorize the President of the United States to enter into certain negotiations relative to the lands located under Virginia military land warrants, lying between Ludlow's and Roberts' lines, in the state of Ohio;" Provided however, That before the payment of said sum, the said claimant or claimants shall relinquish, by deed or deeds, to the United States, in such manner as the President shall direct, their title or titles to the said lands.
SEC. 2. And be it further enacted, That the payments aforesaid shall be made as directed to the said claimants, according to the valuation of their respective tracts of land, made under the above-recited act of Congress.
APPROVED, May 26, 1830.
CHAP. CVI.—An Act to provide for the final settlement of land claims in
STATUTE I. May 26, 1830.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all the claims and titles confirmed, exto land filed before the register and receiver of the land office, acting as commissioners, in the district of East Florida, under the quantity contained in one league square, which have been decided and recommended for confirmation, contained in the reports, abstracts and opinions, of said register and receiver, transmitted to the Secretary of the Treasury, according to law, and referred by him to Congress, on the fourteenth day of January, one thousand eight hundred and thirty, be, and the same are hereby confirmed, with the exception of such claims as were confirmed by the Spanish government, subsequent to the twenty-fourth of January, one thousand eight hundred and eighteen, which shall be re-examined and reported, with the evidence by the register and receiver, before the next session of Congress, to the Secretary of the Treasury, to be laid before Congress.
Report to be laid before Congress.
(a) See notes of the decisions of the Supreme Court, as to Florida land claims, vol. iii. p. 709. Where the Supreme Court has affirmed the title to lands in Florida, and referred in its decree to a particular survey, it would not be proper in the court below to open the case for a rehearing, for the purpose of adopting another survey. Chaires v. The United States, 3 Howard, 611.
The court below can only execute the mandate of the Supreme Court; it has no authority to disturb the decree, and can only settle what remains to be done. Ib.
The act of 26th May, 1830, ch. 106, providing for the final settlement of land claims in Florida, must be construed to contain the same limitation of time, within which claims were to be presented, as that provided by the act of May 23, 1828, ch. 70. United States v. Marvin, 3 Howard, 620.
The limitation was one year. The courts of Florida, therefore, had no right to receive a petition for the confirmation of an incomplete concession, after the 26th May, 1831. Ib.
Under the Florida treaty, the United States did not succeed to those rights which the king of Spain had held by virtue of his royal prerogative, but possessed the territory, subject to the institutions and laws of its own government. Pollard's Lessee v. Hagan, 3 Howard, 212.