Act of March April 22, 1826, ch. 29. The claimant or claimants not required to pro. duce in evidence a detitle from the raignment of original grantee or patentee, &c. 1822, ch. 129. first day of January next, when the commissioners for ascertaining claims and titles to the lands aforesaid shall make a return of their proceedings 3, 1825, ch. 23. to the secretary of the treasury, to be laid before Congress. SEC. 2. And be it further enacted, That the claimant or claimants shall not be required to produce, in evidence, a deraignment of title from the original grantee or patentee, but the exhibition of the original title papers, agreeably to the fourth section of an act, passed the eighth of May, eighteen hundred and twenty-two, entitled "An act for ascertaining claims and titles to lands within the territory of Florida," with the deed or devise, to the claimant, and the office abstract or abstracts of the intermediate conveyances for the last ten years preceding the surrender of Florida to the United States; and, where they cannot be produced, their absence being satisfactorily accounted for, shall be sufficient evidence of the right of the claimant or claimants to the land so claimed as against the United States: Provided, The claim be defined in quantity, and the amount does not exceed the quantity limited in the second section of the act which this is intended to extend; And provided, the conditions required by the laws and ordinances of the Spanish government, and the treaty between Spain and the United States, shall have been complied with. SEC. 3. And be it further enacted, That no person shall be taken and deemed to be an actual settler, within the provisions of the "act amending, and supplementary to, an act for ascertaining claims and titles to land in the territory of Florida," passed on the third day of March, one thousand eight hundred and twenty-three, unless such person, or those under whom he claims title, shall have been in the cultivation, or occupation, of the land, at and before the period of the cession. SEC. 4. And be it further enacted, That so much of the act of which this is an amendment, as authorizes the secretary of said commissioners to demand and receive from the claimants ten cents per hundred words for recording titles to land, be, and the same is hereby repealed. SEC. 5. And be it further enacted, That the former secretaries, or those who may now be secretaries, to the said boards of commissioners, who shall have received their salary of one thousand two hundred and fifty dollars, from the treasury of the United States, which is, by law, declared to be their full compensation, shall be, and they are hereby, required to pay over, respectively, to the commissioners, conformably with the provisions of the original law, all such fees as have been demanded, and received by them, which shall be appropriated to defray the expenses of the commission. SEC. 6. And be it further enacted, That so much of the acts of which this is amendatory, as makes void all claims not filed before the first day of December, one thousand eight hundred and twenty-three, be, and the same is hereby, repealed; and it shall be lawful for claims to be filed any time previous to the first day of September next; but all and every claim not filed by that time, shall be held and deemed void and of none effect. SEC. 7. And be it further enacted, That each of the commissioners heretofore appointed, or who may hereafter be appointed, who has performed, and shall hereafter perform, the duties assigned him, shall receive, from the first Monday in February until the first day of January next, at the rate of two thousand dollars per annum, in full compensation for his services. APPROVED, February 28, 1824. Proviso, Proviso. No person to be deemed an actual settler within the provisions of the act of March 3, 1823, ch. 29, unless he be an occupier, &c. Part of act re pealed. Secretaries of commissioners having received 1250 dollars, required to pay over such fees as have been received by them. demanded and So much of the acts of which this is amendatory, as claims not filed before Dec. 1, makes void all 1823, to be repealed. Compensation of the com missioners. STATUTE I. March 8, 1824. CHAP. XXVI.—An Act to repeal, in part, an act, entitled "An act to lessen the compensation for marshals, clerks, and attorneys, in the cases therein mentioned." Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That so much of the act, passed on the eighteenth day of April, Anno Domini one thousand eight hundred and fourteen, entitled "An act to lessen the compensation for marshals, clerks, and attorneys, in the cases therein mentioned," as prohibits the allowance of daily compensation to marshals, clerks, and attorneys, in the districts in said act mentioned, be, and the same hereby is, repealed; and that there, hereafter, be allowed to the marshals, clerks, and attorneys, for said districts, the same daily compensation as is allowed to the same officers in other districts. APPROVED, March 8, 1824. CHAP. XXVII.-An Act making appropriations for the military service of the United States, for the year one thousand eight hundred and twenty-four. 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 the same are hereby, respectively, appropriated for the military ser vice of the United States, for the year one thousand eight hundred and twenty-four, to wit: For pay of the army, and subsistence of officers, nine hundred and ninety-four thousand four hundred and seven dollars and five cents, including the sum of one hundred and twenty-eight thousand one hundred and nineteen dollars, for the pay and subsistence of the officers and cadets belonging to the military academy at West Point. For subsistence, in addition to an unexpended balance of twenty-one thousand six hundred dollars, two hundred and sixty-nine thousand three hundred and forty-seven dollars. For forage for officers, thirty-six thousand one hundred and twentythree dollars. For the recruiting service, in addition to an unexpended balance of sixteen thousand dollars, thirteen thousand four hundred dollars. For contingent expenses for the recruiting service, sixteen thousand eight hundred dollars. For the purchasing department, in addition to the amount of clothing on hand, one hundred and forty-one thousand six hundred and twentyseven dollars and fifty-nine cents. For the purchase of woollens, during the year one thousand eight hundred and twenty-four, in advance for the year one thousand eight hundred and twenty-five, twenty thousand dollars. For the medical and hospital department, in addition to supplies on hand, and an unexpended balance, both amounting to twenty-two thousand seven hundred dollars, ten thousand dollars. For the quartermaster general's department, in addition to an unexpended balance of thirty-five thousand dollars, two hundred and fortynine thousand dollars. For the purchase of Gridley's farm, ten thousand dollars: Provided, said farm shall not be purchased unless the same shall be procured for said ten thousand dollars. For the contingencies of the army, fifteen thousand dollars. For the national armories, three hundred and sixty thousand dollars. For the current expenses of the ordnance service, forty-two thousand dollars. For pensions to the revolutionary pensioners of the United States, one million two hundred and ninety-one thousand seven hundred and sixteen dollars and thirty-nine cents. For the pensions to the invalids, to the commutation pensioners, and to the widows and orphans, three hundred and thirteen thousand one hundred and seventy-four dollars and forty-two cents. For arrearages in the War Department, prior to the first of July, one thousand eight hundred and fifteen, twenty-six thousand dollars. SEC. 2. And be it further enacted, That the several sums hereby appropriated, shall be paid out of any money in the treasury not otherwise ppropriated: Provided, however, That no money appropriated by this act, shall be paid to any person, for his compensation, who is in arrears to the United States, until such person shall have accounted for, and paid into the treasury, all sums for which he may be liable: Provided, further, That nothing in this section contained, shall extend to balances. arising solely from the depreciation of treasury notes, received by such person, to be expended in the public service; but, in all cases where the pay or salary of any person is withheld, in pursuance of this act, it shall be the duty of the accounting officer, if demanded by the party, his agent or attorney, to report forthwith to the agent of the Treasury Department the balance due; and it shall be the duty of the said agent, within sixty days thereafter, to order suit to be commenced against such delinquent, and his securities. APPROVED, March 10, 1824. CHAP. XXVIII.-An Act for the better organization of the district courts of the March 10, 1824. United States within 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 the state of Alabama shall be, and the same is hereby, divided into two districts, in manner following, to wit:-That part thereof composing the counties of Jackson, Decatur, Madison, Limestone, Lauderdale, Franklin, Lawrence, Morgan, Blount, St. Clair, Jefferson, Walker, and Marion, shall compose one district to be called the northern district of Alabama; and the residue thereof, shall compose another district to be called the southern district of Alabama. SEC. 2. And be it further enacted, That there shall be two terms of the district court for the southern district, held at Mobile, in each year, to begin on the third Monday after the fourth Monday in March, and the fourth Monday after the fourth Monday in October; and one term at Cahawba, in each year, to begin on the third Monday in June; and one term of the district court, for the northern district, shall be held in Huntsville, in each year, to begin on the second Monday in July; and the district judge of the United States, for the state of Alabama, is hereby required to hold the courts aforesaid, and furthermore, to hold one or more special terms, at Cahawba, and at Huntsville, in each year, if, in his opinion, the business of the court shall require it to be done. SEC. 3. And be it further enacted, That the third Monday in December, in each year, shall be a return day for writs and executions, returnable to the said district court at Cahawba; and the second Monday in January, in each year, shall be a return day for writs and executions returnable to the said district court at Huntsville; and the parties to such suits as shall be so returned, shall make up their pleadings under such rules as the court shall prescribe, in order to have the causes so returned, in a state for trial at the next regular term. SEC. 4. And be it further enacted, That all causes pending in the (a) See notes to act of April 21, 1820, ch. 47. Act of April 21, 1820, ch. 47. Alabama to be divided into two districts. The state of District court for the southern district to be held at Mobile twice, at Cahawba once; and that of the northern district at Hunts ville once in each year. All writs and executions to be district court at Mobile and Cahawba, to be adjourned, &c. to the times appointed by this returned to the act. All cases VOL. IV.-2 pending in the district courts, at Mobile and Cahawba, to be adjourned, &c. to the times appointed by this act, &c. All cases pending in said courts, in which the defendant or defendants resided in the northern district at the time of serving the process, to be transferred to the court for the northern district, &c. All suits hereafter to be brought, not of a local nature, to be brought only in the district where the defendant shall reside, &c. A clerk of the district court for the northern district to be appointed. The district said district courts at Mobile and Cahawba shall be adjourned and continued from the times heretofore prescribed by law for holding said courts respectively, to the times appointed by this act and all recognisances and process of every description, made returnable to the former terms of holding said courts, respectively, shall be returned to the terms herein established, and be as valid as if the time of holding the same had not been changed. SEC. 5. And be it further enacted, That all causes at law or in chancery, pending in the said district courts at Mobile and Cahawba, in which the defendant or defendants resided in the northern district, at the time of serving the process, shall be transferred to the district court for the said northern district, established by this act, and be proceeded in, adjudged, and determined, in the same manner as if originally commenced in said court; and it shall be the duty of the clerks of the said district courts at Mobile and Cahawba, to transmit by some safe conveyance, to the clerk of the district court for the northern district, the original papers in all such causes, together with a transcript of all proceedings had therein. SEC. 6. And be it further enacted, That all suits hereafter to be brought, in either of the courts aforesaid, not of a local nature, shall be brought only in the district where the defendant shall reside; but if there be more than one defendant, and some of them reside in the northern, and some in the southern district, the plaintiff may sue in either, and send a duplicate writ to the other, on which he shall endorse that it is part of a suit brought in the district from which it is sent; and the said writs, when executed and returned, shall constitute one suit, and be proceeded in accordingly. SEC. 7. And be it further enacted, That the judge of said courts shall appoint a clerk of the district court of the northern district, who shall reside and keep his office, and the records and documents appertaining thereto, at the place of holding said court: be entitled to the same fees allowed by law to the clerks of the southern district, and be subject to the same liabilities and penalties. SEC. 8. And be it further enacted, That the district attorney heretoattorney for the fore appointed for the district of Alabama, shall be the district attorney for the southern district of Alabama; and there shall be a district attorney appointed for the northern district of Alabama, who shall hold his appointment for the same term, be subject to the same duties, and receive the same salary, fees, and emoluments allowed to the district attorney of the southern district of Alabama. district of Alabama to be attorney for the southern, and one to be appointed for the northern district. Adjournment in case of the non-attendance of the judge. STATUTE I. SEC. 9. And be it further enacted, That, should the judge fail to attend at the time and place of holding any of the courts herein mentioned, before the close of the third day of the term, the business thereof shall stand adjourned to the next term. APPROVED, March 10, 1824. March 16, 1824. CHAP. XXIX.-An Act to define the boundary line between the Edwardsville and Springfield land districts, in the state of Illinois. The country lying between be attached to, Be it enacted by the Senate and House of Representatives of the United the Illinois and States of America, in Congress assembled, That all that tract of country Mississippi lying between the Illinois and Mississippi rivers, and south of the base rivers, &c. to line of the military surveys, be, and the same is hereby, attached to, and made a part of, the land district, the office of which is located at Edwardsville; and all that tract of country lying between the said rivers, and north of the said base line, be, and the same is hereby, attached to, and made a part of, the land district, the office of which is established at Springfield, in the county of Sangamo. &c. the land district of Ed wardsville, &c. APPROVED, March 16, 1824. STATUTE 1. CHAP. XXX.—An Act to change the terms of the district court of the United March 24, 1824. States for the Kentucky district. (a) pas Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, from and after the sage of this act, the sessions of the district court of the United States, in and for the Kentucky district, shall commence and be holden on the first Monday of May and of November, in each year, instead of the terms now appointed by law. SEC. 2. And be it further enacted, That all motions, process, pleas, and suits, returnable to the term of said court, heretofore appointed to be holden in April next, shall stand adjourned and continued over to the May term, next appointed by this act, and shall be as effectual in law as f the said April term had not been abolished. APPROVED, March 24, 1824. Act of March 1, 1823, ch. 23. The sessions of the district court of Kentucky, to be held on the first Mondays of May and November. Motions, &c. to stand ad journed. STATUTE I. CHAP. XXXI.-An Act to authorize the employing of certain assistants in the March 24, 1824. general land office. 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, authorized to employ in the general land office, for a term not exceeding twelve months, one assistant draughtsman and two colourers, for the purpose of completing the maps directed to be made by a resolution of the Senate of the United States, passed on the twenty-eighth day of February, one thousand eight hundred and twentythree. APPROVED, March 24, 1824. One draughtsman and two colourers to be the general land office for one year. appointed in STATUTE I. CHAP. XXXII.—An Act making appropriations for the support of government for April 2, 1824. the year one thousand eight hundred and twenty-four. 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 the same are hereby, respectively, appropriated for the service of the year one thousand eight hundred and twenty-four; that is to say: For compensation to the Senators and members of the House of Representatives, their officers, and attendants, including the sum of two hundred and sixty-five thousand one hundred and forty dollars, appropriated by an act making a partial appropriation for the year one thousand eight hundred and twenty-four, passed the nineteenth day of January last, four hundred and fifty-three thousand eight hundred and seventytwo dollars. For expenses of fuel, stationery, printing, and all other contingent expenses of the two Houses of Congress, sixty thousand seven hundred dollars. For expenses of the library of Congress, including the salary of the librarian, one thousand nine hundred and fifty dollars. For compensation to the President of the United States, twenty-five thousand dollars. For compensation to the Vice President of the United States, five thousand dollars. [Obsolete.] Sums appropriated for the service of the year 1824. Congress and their officers. 1823, ch. 3. Contingent expenses of Congress. Library, and librarian to Congress. President. Vice Presi dent. Secretary of For compensation to the Secretary of State, six thousand dollars. For compensation to the clerks in the Department of State, per act State. of the twentieth of April, one thousand eight hundred and eighteen, fifteen thousand nine hundred dollars. Clerks. (a) See notes to act of March 1, 1823, ch. 23. |