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Public Acts of Congress.

SEC. 3. And be it further enacted, That all process which may have issued, or which may hereafter issue, returnable to the next succeeding terms, as heretofore established, shall be held returnable, and be returned, to those terms to which they are severally changed by this act.

Approved, May 26, 1824.

An Act authorizing an examination and survey of the harbor of Charleston, in South Carolina, of St. Mary's, in Georgia, and of the coast of Florida, and for other purposes.

Be it enacted, &c., That the Secretary of the Navy be, and he is hereby, authorized to cause to be made an examination and survey of the harbors of Charleston, in South Carolina, and St. Mary's, in Georgia, in reference to the expediency of establishing a navy yard at either of those places, for the building and repairing sloops of war and other vessels of an inferior class; and, also, to cause to be made and perfected, an examination and survey of the harbor of Pensacola, and the coast of Florida, in order to ascertain the expediency of establishing a naval depot at Pensacola, or at such place in the vicinity of it, as may be most advantageous to the United States; and that the sum of five thousand dollars be, and the same is hereby, appropriated, for the purposes aforesaid, out of any money in the Treasury not otherwise appropriated.

Approved, May 25, 1824.

An Act further to regulate the inspection of flour in the county of Alexandria.

Be it enacted, &c., That, for the better regulation of the inspection of flour within the county of Alexandria, in the District of Columbia, the Common Council of the town of Alexandria shall be, and they are hereby, empowered and required to divide the said county and town into two inspection districts; that, to each of these districts, there shall be appointed a flour inspector, in the mode now authorized by law, to perform alternate duties in the said districts; each of the said inspectors shall be liable to removal from office at any time within the term for which he shall have been appointed by the court making the appointment; and, during his continuance in office, shall enjoy the same rights, and be subject to like duties and restraints, as the present inspector of flour in the said county of Alexandria.

SEC. 2. And be it further enacted, That the said Common Council be, and they are hereby, empowered to provide for a re-inspection of flour in store, whenever, in their opinion, it may require it, and to regulate the exportation and shipment thereof; to pass laws for the punishment of all persons who shall be guilty of fraud, or otherwise violate their regulations, and to alter or amend the present inspection laws, so far as may be necessary to effect that object.

Approved, May 26, 1824.

An Act to alter the Judicial Districts of Virginia, and for other purposes.

Be it enacted, &c., That the following counties

in the State of Virginia shall cease to be a part of the Eastern Judicial District of Virginia, and shall be added to, and form a part of, the Western District, that is to say: the counties of Botetourt, Rockbridge, Alleghany, Bath, Pendleton, Augusta, Rockingham, Shenandoah, Frederick, Jefferson, Berkley, Morgan, Hampshire, and Hardy; and that, in addition to the terms of the District Court, now holden in the Western District, the Judge of said Western District shall hold two terms in the each year, at Staunton, in the county of Augusta.

SEC. 2. And be it further enacted, That the terms of the courts in the said Western District shall be held on the days, and at the places, hereinafter mentioned, viz: at Staunton, on the second Mondays in April and September; at Wythe Courthouse, on the third Mondays in April and September; at Lewisburg, on the fourth Mondays in April and September; and at Clarksburg, on the fourth Mondays in May and October, in each year.

SEC. 3. And be it further enacted, That, if the judge shall not attend on the first day of any court, such court shall stand adjourned, from day to day, for three days, if the same cause continue; after which time, if the judge still fail to attend, the court shall stand adjourned until the first day of the next term.

SEC. 4. And be it further enacted, That the judge of said court shall have power to hold special sessions, at his discretion, at either of the said places, for the trial of civil or criminal cases. Approved, May 26, 1824.

An Act to provide for the sale of lands conveyed to the United States in certain cases, and for other purposes.

Be it enacted, &c., That the agent of the Treasury be, and he hereby is, authorized, in all cases where the estates of insolvent debtors have been, or hereafter shall be, assigned to the United States, under the act of the sixth June, seventeen hundred and ninety-eight, entitled "An act providing for the discharge of persons imprisoned for debts due to the United States," to sell such estates, whether real or personal, at such time, and in such manner, as, with the approbation of the Secretary of the Treasury, he shall think fit, for the best price that can be had therefor, and to make all needful conveyances, assignments, or transfers, of the same, to the purchaser or purchasers.

SEC. 2. And be it further enacted, That, at any and every sale on executions, at the suit of the United States, of lands or tenements of a debtor, it shall be lawful for the United States, by such agent as the agent of the Treasury shall appoint, to become the purchaser of such lands and tenements: Provided, That, in no case, shall such agent bid in behalf of the United States for a greater amount than that of the judgment for which such estate may be exposed to sale, and the costs; and it shall be the duty of the marshal of the district, in which such sale shall be held, in case such purchases shall be made, to make ali

Public Acts of Congress.

needful conveyances, assignments, and transfers, to the United States; and the agent of the Treasury is hereby authorized, with the approbation of the Secretary of the Treasury, to sell and convey the said lands and tenements, in the same manner as is directed by the first section of this act, in respect to lands and tenements assigned by insolvent debtors.

SEC. 3. And be it further enacted, That nothing herein contained shall be deemed or construed to take away or impair any other remedy which the United States may be now entitled to have against the person or property of debtors, to enforce the satisfaction of judgments obtained, or which may hereafter be obtained.

Approved, May 26, 1824.

An Act concerning the pre-emption rights in the Territory of Arkansas.

Be it enacted, &c., That every person, and the legal representative of every person, who was entitled to the right of pre-emption, in the Territory of Arkansas, under the provisions of the act of Congress of the 12th of April, one thousand eight hundred and fourteen, entitled "An act for the final adjustment of land titles in the State of Lousiana and Territory of Missouri," in that tract of country, north of the river Arkansas, ceded by the United States to the Cherokee nation of Indians, on the eighth day of July, one thousand eight hundred and seventeen, be, and they are hereby, authorized, in lieu thereof, and in full compensation for such right of pre-emption, to enter with the Register of the Land Office in the District of Lawrence, in said Territory, any tract within said District, on which they may have made improvements previously to the passage of this act, or any unimproved tract within said District, the sale of which is authorized by law: Provided, That no more than one quarter section of land shall be sold to any one individual, in virtue of this act; and the same shall be bounded by the sectional and divisional lines run, or to be run, under the direction of the Surveyor of the United States' Lands for the States of Missouri and Illinois, and Territory of Arkansas.

SEC. 3. And be it further enacted, That every person claiming a preference in becoming the purchaser of a tract of land, in virtue of this act, shall deliver a notice in writing to the Register of the Land Office for said District, stating therein that he was entitled to a pre-emption right, under the aforesaid act of Congress, in that part of the Territory of Arkansas ceded as aforesaid; and, also, particularly designating therein the quarter section he is desirous to enter, which notice the Register shall file in his office; and in every case, where it shall be proved to the satisfaction of the Register and Receiver of Public Moneys of the Land Office aforesaid, that any person, who has delivered such notice, was entitled to a pre-emption right under said act of Congress, in that part of the Territory of Arkansas, ceded as aforesaid, shall have a right to enter with the Register of said Land Office, at the minimum price for which

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the United States' lands are sold, the tract of land designated in said notice, on producing his receipt from the Receiver of Public Moneys, for the purchase money of said tract, as in case of other public lands sold at private sale; and, as a compensation for their services, the Register and Receiver shall, each, be entitled to one dollar in every such case, to be paid by the claimant of such preemption right: Provided, That every such entry and payment shall be made at least two weeks previous to the time of offering the adjacent lands at public sale, unless the same be entered in such part of said District as shall have been offered at public sale at the time of the passage of this act; in which case, such entry shall be made within two years from the passage thereof. Approved, May 26, 1824.

An Act providing for the disposition of three several tracts of lands in Tuscarawas County, in the State of Ohio, and for other purposes.

Be it enacted, &c., That the three several tracts of land, lying in the county of Tuscarawas, in the State of Ohio, lately retroceded to the United States by the Society of United Brethren for propagating the Gospel among the Heathen, shall be surveyed and laid off into such lots, having regard to the existing surveys and improvements thereon, as will best conduce to the sale thereof: Provided, That the lots and tracts which the United States are bound to convey to the said Society, shall be laid off according to the contract for retrocession: And provided, also, That a suitable number of inlots and out-lots, in the town of Gnadenhutten, shall be laid off for said town, embracing the improved part thereof, and the fields adjoining, now occupied by the inhabitants, which shall be platted and numbered, and a copy recorded in said county, according to the laws of Ohio.

SEC. 2. And be it further enacted, That the Secretary of the Treasury shall be, and is hereby, authorized to appoint an agent, who shall reside near the said land, whose duty it shall be to superintend and direct the survey of said land and lots; to receive and pay over to the Treasury the rents due, and to become due, on said lands; to take possession of such parts of said lands as may be forfeited by the tenants, by reason of non-performance of the covenants in their leases; to ascertain the actual cash value of each of the lots and town lots, with the improvements thereon, and, also, the value of each, subject to the conditions of the lease outstanding on it, by the aid of two disinterested appraisers, to be selected by the Secretary; to ascertain the award to be made to Isaac Simners, Jesse Walton, Barzillai Walton, Jesse Hill, and Boaz Walton, according to their leases; to receive a surrender of such of the leases outstanding on such lands, as the holders thereof may be disposed to make, who have, or shall first comply with the conditions of their leases, up to the time of their surrender; to superintend the sale of said lands and lots, and to transfer to the purchasers who shall buy any of said land or lots, subjected to the leases thereon, the lease of the lot

Public Acts of Congress.

or land so bought; and to do whatever else may be necessary to effect a speedy and advantageous disposition of said lands and lots.

specifying the lot or land purchased; upon which the purchaser shall be entitled to a patent, as other purchasers of public lands are: but, in case SEC. 3. And be it further enacted, That a right of any purchaser shall fail to make his payment as pre-emption shall be allowed to John Andreas, John aforesaid, at or before the close of the sale, he Neigaman, Jacob Winsh, and Catharine Tschudy, shall be considered as having forfeited his purat the real cash value of the lots occupied by them, chase, and the land struck off to him shall be again according to the stipulations of the said agreement offered for sale, in the same manner as if it had for retrocession, and to any of the lessees, for any never been struck off; and the said agent, immeof the remaining lots, or town lots, to an amount diately after the close of such sale, shall pay over not exceeding the amount stipulated to be paid to the money received at such sale, and for rent, to them by the United States: Provided, That any the United States, and report all his proceedings of the persons entitled to pre-emption, who shall to the General Land Office; and the President be desirous to avail themselves of such right, shall shall be, and he is hereby, authorized, whenever give notice to the said agent of such their inten- the boundaries of the several lots stipulated to be tion, before the cash value of the lots is ascertain-conveyed to the said Society shall be ascertained, ed; and, in the case of the lessees, shall, at or be- to issue patents therefor to said Society. fore the time of giving such notice, pay all arrears of rent, and surrender their leases; and shall, immediately after the said cash value is ascertained, be entitled to a patent for the lot or land to which they are entitled as aforesaid, on paying the amount of such cash value; or, in the case of the Society, on the executing and delivering to said agent, a discharge to the United States, for so much as said lot or land, whereto a pre-emption is claimed, shall amount to, on account of any sum to become due them by reason of stipulations in said retrocession; and no right to such preemption shall be considered as extending beyond the time of commencing the sale of said lands, as hereinafter directed.

SEC. 6. And be it further enacted, That the agent herein provided for, shall take an oath of office, and give bond and security, in such sum and form as the Secretary of the Treasury may direct, and be allowed and paid, for his services, a salary at the rate of six hundred dollars per annum: Provided, That said office shall not continue longer than is necessary to perform the duties herein required, and not longer than one year; and said salary, together with the incidental expenses attending the said survey and sale, shall be charged to the fund to be raised by the sale of said lots and land. The said appraisers shall be allowed the sum of two dollars for each day actually employed in the appraisement aforesaid, and neither the said SEC. 4. And be it further enacted, That the Sec-agent nor appraisers shall be at liberty to purchase retary of the Treasury may cause to be designated, any of the said lands or lots. and allowed for public use, the usual ground for streets and alleys in said town, for public ground and for schools; and may, moreover, cause to be designated and set apart, one lot in each of said tracts, not exceeding one thirty-sixth part of each, the title whereof shall be vested in the Legislature of the State of Ohio, and held in trust for the use of schools, in the same manner as other lands, granted by the United States for the use of schools, are held in that State.

SEC. 5. And be it further enacted, That, immediately after the said surveys shall be completed, the cash value ascertained, and the school lands designated, the said agent shall give notice, by advertisement in one newspaper in Washington City, and one in Steubenville, one in Zanesville, and one in New Philadelphia, Ohio, of the time, not less than sixty days from the first publication, when he will offer the said lands and lots for sale, at public vendue, at the courthouse in New Philadelphia aforesaid; and shall, at such time and place, proceed to offer for sale, to the highest bidder, any of said lands or lots, remaining undisposed of, in the manner herein before provided for; and none of said lots or land, shall be put up at a less sum than the actual cash value, ascertained as aforesaid; and in case any of said lessees shall have failed, or refused, to surrender their leases, the sale shall be made subject to those leases; and each purchaser, who may purchase at such sale, shall immediately pay to the said agent the amount of his purchase, and take his receipt for the amount,

SEC. 7. And be it further enacted, That, if any such land or lots remain unsold at public auction, as aforesaid, the same shall be subject to entry and sale at the land office in Zanesville, in Ohio, at the actual cash price, ascertained as aforesaid, in the same manner that other lands of the United States are authorized to be entered; and it shall be the duty of the accounting officers of the Treasury Department to keep a separate account of the proceeds of the lots and lands aforesaid, and of all moneys received and disbursed on account thereof; and, after the expenses of survey and sale of said lots and land shall be reimbursed, it shall be the duty of the Secretary of the Treasury to pay to the said society the sums stipulated to be paid them, and for which they shall not have taken lands and lots as herein before provided for; to pay the said Simners, Hill, and Waltons, the sums awarded to them; and then to credit the residue of the proceeds of said lots and lands, as they shall be received, to the fund for raising the annuity for the Christian Indians, so called, in the manner stipulated in the agreement entered into with them on the eighth of November, one thousand eight hundred and twenty-three.

SEC. 8. And be it further enacted, That, whenever the said Christian Indians shall notify the President of the United States that they wish to remove from their present residence, on the river Thames, into the territory of the United States, it shall be lawful for the President to designate a reservation of not less than twenty-four thousand

Public Acts of Congress.

acres of land, to be held by the said Indians in the usual manner of Indian reservations, so long as they shall live thereon; and from the time said Indians shall remove on to said reservation the annuity shall cease.

Approved, May 26, 1824.

RESOLUTIONS.

Resolution in relation to an intended visit of the Marquis de Lafayette to the United States. The Marquis de Lafayette having expressed his intention to revisit this country

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be requested to communicate to him the assurances of grateful and affectionate attachment still cherished for him by the Government and people of the United States.

And be it further resolved, That whenever the President shall be informed of the time when the Marquis may be ready to embark, that a national ship, with suitable accommodation, be employed to bring him to the United States.

Approved, February 4, 1824.

Resolutions providing a place of deposite for the Portrait of Columbus, and directing the distribution of certain copies of the Declaration of Independence, now in the Department of State.

Resolved, fc., That the Portrait of Colum

bus, presented to the nation by G. G. Barrell, United States Consul at Malaga, be placed in the Library of Congress.

Resolved, That the two hundred copies of the Declaration of Independence, now in the Department of State, be distributed in the manner following: two copies to each of the surviving signers of the Declaration of Independence; two copies to the President of the United States; two copies to the Vice President of the United States; two copies to the late President, Mr. Madison; two copies to the Marquis de Lafayette; twenty copies for the two Houses of Congress; twelve copies for the different Departments of the Government; two copies for the President's house; two copies for the Supreme Court room; one copy to each of the Governors of the States; and one to each branch of the Legislatures of the States; one copy to each of the Governors of the Territories of the United States; and one copy to the Legislative Council of each Territory; and the remaining copies to the different Universities and Colleges of the United States, as the President of the United States may direct.

Resolved, That the President of the United States be requested to cause the distribution of the said copies of the Declaration of Independence to be made, agreeably to the foregoing resolu

tion.

Approved, May 26, 1824.

INDEX

TO THE PROCEEDINGS AND DEBATES OF THE FIRST SESSION OF
THE EIGHTEENTH CONGRESS.

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