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Chap. XXXI.—An Act providing for a grant of land for the teat of government in the state of Mississippi, and for the support of a seminary of learning within tlte said state.
Be it enacted by the Senate and House of Representatives of the United States of America, tn Congress assembled, That there shall be granted to the state of Mississippi, two entire sections of land, or fractional sections, or quarter sections, not exceeding the quantity contained in two entire sections, for a seat of government in the said state; which land shall be located in one entire tract, at such place as, under the authority of the said state, shall be designated for the seat of government therein, whenever the Indian title shall have been extinguished thereto, and before the commencement of the public sales of the adjoining and surrounding lands belonging to the United States.
Sec. 2. And be it further enacted, That in addition to the township of land granted for the support of Jefferson College, there shall be granted, in the said state, another township, or a quantity of land equal thereto, lobe located in tractsof not less than four entire sections each,which shall be vested in the legislature of the said state, in trust, for the support of a seminary of learning therein; which lands shall be located by the Secretary of the Treasury of the United States, whenever an extinguishment of Indian title shall be made for lands suitable, in his opinion, for that purpose, in the said state: which grant, hereby provided to be made, shall be considered as made in lieu of a township directed to be reserved by the fifth section of an act, entitled "An act to provide for the ascertaining and surveying of the boundary line fixed by the treaty with the Creek Indians, and for other purposes," passed March three, one thousand eight hundred and fifteen; and which reserve of one township, provided to be made by the aforesaid fifth section of said act, shall be offered for sale, in the same manner as the other public lands in the same district.
Approved, February 20, 1819.
Statute II. Feb. 20, 1819.
Two sections of land for a seat of government.
To be located in one entire tract.
Another township for the support of a seminary oflearning.
To be located by the Secretary of the Treasury, whenever, fco.
This grant in lieu of a township reserved by the act of 3d March, 1815, ch. 88.
The township reserved by act of 3d March, 1815, to be sold.
Chap. XXXV.r—An Act supplemental to the act, entitled "An act further to amend the charter of the City of Washington."
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any lot, or part of a lot, or other real estate whatsoever, in the City of Washington, heretofore sold, or hereafter to be sold, for any tax due to the corporation of said city, or laid or assessed under the authority of the said corporation, pursuant to the powers vested in it by virtue of the act to which this is a supplement, or of any other act, passed, or to be passed, shall and may be redeemed, so as effectually to reinstate and invest the proprietor, or his legal representatives, in and with all his former estate, as fully and effect. ually as if such sale had never been made, upon payment, or tender of payment, being made, at any time within two years from the time of such sale, by such proprietor, or by his heirs, executors, or administrators, or by any other person, in his or their behalf, to the purchaser of such lot or part of a lot, or other real estate, his executors or administrators, of the money actually paid by him for the same, with the addition of interest, at the rate of ten per centum per annum, to be computed from the time of the payment of the said money by such purchaser; and if such purchaser, his executors, or administrators, haje no known place of residence within the District of Columbia, or be not to be round at such place of residence, at the time such redemption is desired to be made; or if such proprietor, his heirs, executors, or administrators, or any other person in his behalf, shall offer to pay such monev, with interest as aforesaid, and such pur
Statute II. Feb. 20, 1819.
Act of May 4, 1812, ch. 75.
Lots sold for taxes in the city of Washington may be redeemed within two years, on payment of the purchase money and ten percent. per ann. interest.
And if the purchaser cannot be found, or refuses to accept the redemption money, may be paid to tho clerk of the circuit court for Washington county.
The clerk to make report, and deposit the money, &c.
Vested legal right to hold clear of redemption at less than two years, not affected.
The court may require higher or other premium, in any case where, &c.
The officer charged with tolling real estate for taxes to make report in writing to the clerk of the court within ten days, certified, fee.
The clerk to record the report.
chaser, his executors, or administrators, shall refuse to accept the same, and give a sufficient receipt and acquittance in writing for the same, by way of redemption as aforesaid, then, and in every such case, it shall and may be lawful for such proprietor, his heirs, executors, or administrators, or other person in his or their behalf, to make the redemption aforesaid, as effectually, by paying the said money, with interest as aforesaid, to the clerk of the circuit court for the county of Washington; whose duty it shall be to make report of the same to the said court, immediately, if in session, otherwise on the first day of [the] session then next ensuing, and to deposit the said money for safe keeping, and pay the same over to such purchaser, or his legal representatives, under the direction of the said court: Provided, That nothing in this act contained 'shall be construed to affect the right of any person now entitled, under any law heretoforo enacted, to receive any higher or other premium than an interest of ten per centum per annum as aforesaid, upon the redemption of any real estate, other than vacant and unimproved lots heretofore sold for taxes, nor to affect the vested legal right of such person to hold such real estate clear of such right of redemption, at any time less than two years from the time of the sale, such legal right being vested prior to the passing of this act; and that the said court may require such higher or other premium to be paid, by the person redeeming, to the purchaser, in any case wherein it shall appear to the said court that a vested legal right to such premium existed before the passing of this act.
Sec. 2. And be it further enacted, That the several collectors of the said taxes, or such other officer of the said corporation as shall be charged with the duty of selling any such real estate for taxes, shall, within ten days alter every such sale, transmit to the clerk of the said court an accurate report in writing, certified by the clerk or register of the said corporation, containing a particular description of the property sold, the amount of taxes for the raising of which it has been sold, the names and residence of the person or persons to whom such property belongs, or to whom such taxes have been assessed, and of the purchaser or purchasers, the amount of the purchase money; distinguishing how much has been actually paid, and the clear surplus, if any, coming to the proprietor; which report it shall be the duty of the clerk of the said court forthwith to record among the land records of the said county, and the expense thereof shall be paid by the party who redeems the same.
Approved, February 20, 1819.
Statute II. Feb. 20, 1819.
Act of March 2, 1799, ch. 22.
A sum equal to the value of the articles, forfeited by persons making false entry for benefit of drawback or bounty, in addition to former penalties.
Chap. XXXVI.—An Act providing additional penalties for false entries for the benefit of drawback, or bounty on exportation.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in addition to the forfeitures and penalties heretofore provided by law, for making a false entry with the collector of any district, of any goods, wares, or merchandise, for the benefit of drawback or bounty on exportation, the person making such false entry shall, (except in the cases heretofore excepted by law,) forfeit and pay to the United States a sum equal to the value of the articles mentioned or described in such entry; to be sued for, recovered, distributed, and accounted for, in the manner prescribed by the act entitled "An act to regulate the duties on imports and tonnage," passed on the second day of March, one thousand seven hundred and ninety-nine.
Approved, February 20, 1819. •
Chap. XLI.—An Act allowing further time to complete the issuing and heating of military land warrants.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the authority granted to the Secretary for the Department of War, by the second section of the act to provide for designating, surveying, and granting, the military bounty lands, approved the sixth day of May, one thousand eight hundred and twelve, and by the fourth section of the act making further provision for filling the ranks of the army of the United States, approved December tenth, one thousand eight hundred) and fourteen, to issue, warrants for the military land bounties to persons entitled thereto, shall be revived, and continued in force for the term of five years from and after the fourth day of March next .
Sec. 2. And be it further enacted, That the time limited by the act supplementary to the act further extending the time for issuing and lor eating military land warrants, and for other purposes, approved March ninth, one thousand eight hundred and eighteen, for issuing military land warrants, shall be extended to the fourth day of March, one thousand eight hundred and twenty-one, and the time limited by the said act for the location of unlocatcd military land warrants, shall be extended to the first day of October thereafter.
Approved, February 24, 1819.
Feb. 24,1819 1829, ch. 14. The authority granted to the Secretary of War, by the acts of6th May, 1812, and 10th Dec. 1814, to issue military bounty land warrants, continued uutiltfllh March, 1824. 1814, ch. 10. 1812,ch.77. Act of Dec. 10,1814, ch. 10. The time limited for issuing and locating military land extended. 1818, ch. 1G. 1821, ch. 15.
1823, ch. 4G.
1824, ch. 177.
1825, ch. 111. 1827, ch. 35.
Chap. XLIII.—An Act tupplementary to the act entitled "An act to provide for the prompt settlement of public accounts."
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the third day of March next, it shall be the duty of the second auditor of the treasury, to receive all unsettled accounts arising out of Indian affairs, with the exception of those appertaining to Indian trade, and examine the same, and thereafter certify the balance, and transmit the accounts, with the vouchers and certificates, to the second comptroller, for his decision thereon: Provided, That if, in the opinion of the President of the United States, the public interest and convenience would be promoted by assigning all, or any part of, the said accounts to the third auditor, he shall be, and hereby is, authorized to make such assignment accordingly.
Sec. 2. And be it further enacted, That it shall be the duty of the auditor charged with the examination of the accounts, as aforesaid, to keep all accounts of the receipts and expenditures of the public money in regard to them; to receive from the second comptroller the accounts which shall have been finally adjusted, and to preserve such accounts, with the vouchers and certificates. And it shall be the duty of 'the said auditor to make such reports on the business hereby assigned to him, as the Secretary of War may deem necessary, and require, from time to time, for the service of the War Department.
Sec. 3. And be it further enacted, That the treasurer of the United States shall disburse all such moneys as shall have been previously ordered for the use of the Indian Department, with the exception of those relating to Indian trade before mentioned, by warrants from the treasury; which disbursements shall be made pursuant to warrants drawn by the Secretary of War, and countersigned by the second comptroller, and registered by the second and third auditor, as the case may be.
Sec. 4. And be it further enacted, That so much of the act to which this is a supplement, as is inconsistent with this act, be, and the same is hereby, repealed.
Approved, February 24, 1819.
Statute II. Feb. 24, 1819.
Act of March 3, 1817, ch. 45.
Act of Feb. 24, 1819, ch. 43.
The 2d auditor to receive unsettled accounts of Indian affairs.
1834, ch.161 § 29. Proviso.
Duty of the auditor.
The treasurer to disburse moneys for Indian department.
Statute II. March 2, 1819.
Extra allowance to noncommissioned officers and privates, when employed on fortifications, &c.
March 2, 1819;
Forfeitures for every passenger over and above two for every five tons, custom-house measurement.
If the number exceeds two for every five tons, by 20, the vessel is forfeited, and may be prosecuted, distributed, &c.
Act of March 2,1799, ch. 22, sec. 91.
Chap. XLV.—An Act to regulate the pay of the army when employed on fatigue
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, whenever it shall be found expedient to employ the army at work on fortifications, in surveys, in cutting roads, and other constant labour, of not less than ten days, the non-commissioned officers, musicians and privates, so employed, shall be allowed fifteen cents, and an extra gill of whisky or spirits, each, per day, while so employed.
Approves*, March 2, 1819. •
Chap. XLVI.—An Act regulating passenger ships and vessels, (a)
Be it enacted by the Senate and House of Representatives of the United "States of America, in Congress assembled, That if the master or other person on board of any ship or vessel, owned in the whole or in part by a citizen or citizens of the United States, or the territories thereof, or by a subject or subjects, citizen or citizens, of any foreign country, shall, after the first day of January next, take on board of such ship or vessel, at any foreign port or place, or shall bring or convey into the United States, or the territories thereof, from any foreign port or place; or shall carry, convey, or transport, from the United [States,] or the territories thereof, to any foreign port or place, a greater number of passengers than two for every five tons of such ship or vessel, according to custom-house measurement, every such master, or other person so offending, and the owner or owners of such ship or vessels, shall severally forfeit and pay to the United States, the sum of one hundred and fifty dollars, for each and every passenger so taken on board of such ship or vessel over and above the aforesaid number of two to every five tons of such ship or vessel; to be recovered by suit, in any circuit or district court of the United States, where the said vessel may arrive, or where the owner or owners aforesaid may reside: Provided, nevertheless, That nothing in this act shall be taken to apply to the complement of men usually and ordinarily employed in navigating such ship or vessel.
Sec. 2. And be it further enacted, That if the number of passengers so taken on board of any ship or vessel as aforesaid, or conveyed or brought into the United States, or transported therefrom as aforesaid, shall exceed the said proportion of two to every five tons of such ship or vessel by the number of twenty passengers, in the whole, every such ship or vessel shall be deemed and taken to be forfeited to the United States, and shall be prosecuted and distributed in the same manner in which the forfeitures and penalties are recovered and distributed under the provisions of the act entitled " An act to regulate the collection of duties on imports and tonnage."
Sec. 3. And be it further enacted, That every ship or vessel bound on a voyage from the United States to any port on the continent of Europe, at the time of leaving the last port whence such ship or vessel shall sail, shall have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of salted provisions, one gallon of vinegar, and one hundred pounds of wholesome ship bread, for each and every passenger on board such ship or vessel, over and above such other provisions, stores, and live stock as may be put on board by such master or passenger for their use, or that of the crew of such ship or vessel; and in like proportion for a shorter or longer voyage; and if the passengers, on board of such ship or vessel in which the proportion of provisions herein directed shall not have been provided, shall at any time be put on short allowance, in water, flesh, vinegar, or bread, during any voyage aforesaid, the master and owner of such ship or vessel shall severally pay to each and every passenger who shall have been put on short allowance as aforesaid, the sum of three dollars for each and every day they may have been on such short allowance; to be recovered in the same manner as seamen's wages are, or may be, recovered.
60 gallons of water, 100 lbs.
(o) Passenger acts of the United States.—The passenger laws of the United States, apply only to passengers whilst on their voyage, and until they shall have landed. After the landing of passengers, the laws of the United States do not come in conflict with the laws of a state, which obliges security to be given against their becoming chargeable as paupers; and for their removal out of the state, in the event of their having become so chargeable. City of New York v. Miln, 11 Peters, 102.
Persons are not the subject of commerce; and not being imported goods they do not fall within the reasoning founded upon the construction of a power given to Congress to regulate commerce, and the prohibition of the states from imposing a duty on foreign goods. Ibid.
In estimating the number of passengers in a vessel, no deduction is to be made for children or persons not paying; but those employed in navigating the vessel aro not to be included. United States v. The Louisa Barbara, Gilpin's D. C. R. 332.
In estimating the tonnage of a vessel bringing passengers from a foreign country, the measurement of the custom-house, in the port of the United States, where the vessel arrives, is to be taken. Ibid.
Sec. 4. And be it further enacted, That the captain or master of any ship or vessel arriving in the United States, or any of the territories thereof, from any foreign place whatever, at the same time that he delivers a manifest of the cargo, and, if there be no cargo, then at the time of making report or entry of the ship or vessel, pursuant to the existing laws of the United States, shall also deliver and report, to the collector of the district in which such ship or vessel shall arrive, a list or manifest of all the passengers taken on board of the said ship or vessel at any foreign port or place; in which list or manifest it shall be the duty of the said master to designate, particularly, the age, sex, and occupation, of the said passengers, respectively, the country to which they severally belong, and that of which it is their intention to become inhabitants; and shall further set forth whether any, and what number, have died on the voyage; which report and manifest shall be sworn to by the said master, in the same manner as is directed by the existing laws of the United States, in relation to the manifest of the cargo, and that the refusal or neglect of the master aforesaid, to comply with the provisions of this section, shall incur the same penalties, disabilities, and forfeitures, as are at present provided for a refusal or neglect to report and deliver a manifest of the cargo aforesaid.
Sec. 5. And be it further enacted, That each and every collector of the customs, to whom such manifest or list of passengers as aforesaid shall be delivered, shall, quarter yearly, return copies thereof to the Secretary of State of the United States, by whom statements of the same shall be laid before Congress at each and every session.
Approved, March 2, 1819.
of salted provisions, one gallon of vinegar, and 100 lbs. of wholesome ship-bread, for every passenger to Europe, over and above, &c.
In case of short allowance' to pay three dolls, a day to every passenger, &c.
A list or manifest of all the passengers to be delivered to the collector, &c.
Age, sex, and occupation, of passengers, to be designated and also the country towhich they belong,and that where they mean to reside; together with what number have died on the voyage.
Statements to be laid before Congress.
Chap. XLVII.—An Ae t to enable the people of the Alabama territory to form a March 2, 1819. constitution and state government, and for the admission of such state into the Union on an equal footing with the original states, (a)
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the inhabitants of the
Resolution of Dec. 14, 1819.
(a) Acts relative to Alabama.—An act to establish a separate territorial government for the eastern part of the Mississippi territory, March 3, 1817, ch. 59.
An act to alter and amend the act approved the third day of March, 1817, entitled "An act to establish a separate government for the eastern part of the Mississippi territory, April 20, 1818, ch. 127.
An act to enable the people of the Alabama territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states March 2,1819, ch. 47.
An act to establish a district court in the state of Alabama, April 21, 1820, ch. 47.
An act concerning the apportionment of representatives in the state of Alabama, Jan. 14,1823, ch. 2. Vol. III.—62