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STATUTE II. CHAP. CXIV.-An Act to grant a quantity of land to the Territory of Wisconsin, June 18, 1838.
for the purpose of aiding in opening a cunal to connect the waters of Lake Michigan with those of Rock river. (a)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby Certain lands is, granted to the Territory of Wisconsin, for the purpose of aiding in granted to Wis
to opening a canal to unite the waters of Lake Michigan, at Milwaukee, with those of Rock river, between the point of intersection with said &c.
opening a canal, river, of the line dividing townships seven and eight and the Lake Koshkonong, all the land heretofore not otherwise appropriated or disposed of in those sections and fractional sections which are numbered with odd numbers on the plats of the public surveys, within the breadth of five full sections, taken in north and south, or east and west tiers, on each side of the main route of said canal, from one end thereof to the other, and reserving the even numbered sections and fractional sections, taken as above, to the United States; and the said land, so granted to Lands so grant-, aid in the construction of said canal, shall be subject to the disposal of ed shall be subthe Legislature of the said Territory, for the purpose aforesaid, and no ject to the disother : Provided, That the said canal, when completed, and the branches posal of the Le
gislature. thereof, shall be, and for ever remain, a public highway, for the use of Proviso. the Government of the United States, free from any toll or other charge whatever, for any property of the United States, or persons in their service, passing through the same: Provided, That said main canal shall Proviso. be commenced within three years, and completed in ten years, or the United States shall be entitled to receive the amount for which any of said land may have been previously sold, and that the title to purchasers under the Territory shall be valid.
Sec. 2. And be it further enacted, That so soon as the route of the The Governor said main canal shall be definitively located and established, agreeably shall transmit a to an act of the Legislature of said Territory, incorporating the Mil plat of the route,
&c. to the Com. waukee and Rock river Canal Company, approved January fifth, 1838,
of the Gen.Land it shall be the duty of the Governor thereof, to transmit a plat of the Off, who shall same, showing its terminations and its connections with the section- ascertain the
Jands herein corners of the public surveys, to the Commissioner of the General Land
granted, and Office, whose duty it shall be to ascertain, under the direction of the cause lists of President of the United States, the particular lands herein granted to them to be presaid Territory; and shall cause duplicate lists of the same to be
prepared from the plats on file in his office, one of which he shall transmit to the Governor of said Territory, who, or such other person or persons as shall be appointed for the purpose, under the authority of the Legislature of the said Territory, or of the State which may be erected out of the same, after the admission of such State, shall have power to sell or convey the whole, or any part of said land, at a price not less than two dollars and fifty cents per acre, and to give a title in fee simple therefor, to whomsoever shall purchase the whole or any part thereof.
Sec. 3. And be it further enacted, That the alternate sections and Prices of the fractional sections which shall remain to the United States, agreeably to land. the first section of this act, shall not be sold for a less sum than two dollars and fifty cents per acre, nor be subject to pre-emption. Sec. 4. And be it further enacted, That in reference to the provi
Sections divi. sions of the first section of this act, where a section shall be divided by ded by route of the route of the main canal, such section shall be counted (in fixing the main canal, how
to be counted. lateral limits of said grant) as being on or towards that side of the line next the larger portion of said section, ascertained by reference to the mile-lines and corners of the sections, and the land and water thereby included. (a) See notes of the acts relating to the territory of Wisconsin, April 20, 1836, chap. 54.
Whenever the Sec. 5. And be it further enacted, That whenever the Territory of Terr. of Wis. Wisconsin shall be admitted into the Union as a State, the lands hereby consin shall be come a Stale,
granted for the construction of the said canal, or such part thereof as such part of the may not have been already sold, and applied to that object, under the lands hereby direction of the Territorial Government, shall vest in the State of Wisgranted as may consin, to be disposed of under such regulations as the Legislature sold shall vest thereof may provide, the proceeds of sale to be applied to the construcin the State,&c. tion of the said canal, or of such part thereof as may not have been
Number of completed; and the State of Wisconsin shall be entitled to hold, in shares the State virtue of the grant hereby made, as many shares of the stock of the may hold in said said canal as shall be equivalent to the aggregate of all the sums of canal, &c. money arising from the nett proceeds of the sales of the said lands, and
applied to the construction of the canal, any thing in the charter of the Milwaukee and Rock river Canal Company to the contrary notwith
standing, and shall be entitled to the same dividends on said stock as Pr ions re
any other stockholder; and in the event that the said State shall make lating to the
no other adequate provision for purchasing out the residue of the stock claims of stock, &c.
of the said canal, the dividends of the State stock hereby acquired, and all other proceeds of the sales of the lands hereby granted, shall constitute a fund, and be applied to the extinguishment of the claims of all other stockholders, until the entire stock vested in the canal shall have been acquired by the State: after which, and after the said State shall have been reimbursed for all expenses incurred out of her own proper funds in the construction and repairs of said canal, no other tolls or charge whatever, for the use or navigation of the said canal shall be levied, except to such amount as may be required to keep the said canal and the works appurtenant thereto in good repair, and provide for the
collection of the tolls and the superintendence of said canal: Provided, Proviso. moreover, That no part of the said lands shall be sold for less than two
dollars and a half per acre, nor any sale made until after three months' public notice thereof, and to the highest bidder; but in case such price cannot be obtained therefor, within five years from the first sale attempted to be made, it shall and may be lawful for the Territorial or State Legislature of Wisconsin to reduce the minimum price of the said
lands. Wisconsin re- Sec. 6. And be it further enacted, That the said State of Wisconsin sponsible to the shall be held responsible to the United States, and for the payment into U.S. for all moneys received, the Treasury thereof, of the amount of all moneys received upon the &c. if, &c. sale of the whole or any part of said land, at the price at which the
same shall be sold, not less than two dollars and fifty cents per acre, if the said main canal shall not be commenced within three years, and completed within ten years, pursuant to the provisions of the act creating
said canal corporation. Assent of the
Sec. 7. And be it further enacted, That, in order to render effectual Legislature required.
the provisions of this act, the Legislature of the State to be erected or admitted out of the territory now comprised in Wisconsin Territory, east of the Mississippi, shall give their assent to the same by act to be
duly passed. The Legisla
Sec. 8. And be it further enacted, That, for the purpose of securing ture of Wiscon
a better price for the lands hereby granted, and expediting the construcsin may borrow. tion of the said canal, the Territorial Legislature of Wisconsin may upon a pledge of said lands. borrow, upon a pledge of the said lands, such sum or sums of money
as they may think expedient, and defer the sale of said lands, or any part thereof, until such time or times, not exceeding two years beyond the period of the completion of said canal, as they may deem expedient; and for such sum or sums as may be so borrowed, and applied to the construction of said canal, the State of Wisconsin shall be entitled to such interest in the stock of said canal as shall be equivalent thereto in
amount, and the interest so acquired shall be subject to all the obligations and restrictions provided in the last section of this act.
Sec. 9. And be it further enacted, That the assent of Congress is Assent of hereby given to the act of the Territorial Legislature of Wisconsin en- Congress here. titled an act to incorporate the Milwaukee and Rock river Canal Com- by given to the pany, subject to the preceding modifications and to the following provi- gislature of sion; that in estimating the principal sum and interest to be paid by Wisconsin, in. the said Territory or the future State of Wisconsin to the stockholders Milwaukee and of the said canal, a credit shall be given to the Territory or State for Rock river caall dividends received by the said stockholders prior to the extinguish- nal company. ment of their interest in the said canal, in the mode provided by the twenty-third section of the said act of incorporation.
Sec. 10. And be it further enacted, That Congress may, at any time Tolls. until said Territory shall be admitted as a State, prescribe and regulate the tolls to be received by said company; and after said Territory shall be admitted as a State, the Legislature thereof shall possess the like power; and said act of incorporation is hereby approved, subject to the modification and conditions aforesaid.
Sec. 11. And be it further enacted, That the Secretary of the Trea- Lande probasury shall reserve from sale the lands probably falling within the limits bly falling with. of said grant, and the lands which, by the first section, were reserved grant, &c., to to the United States, until the said canal can be located and the lands be reserved selected as contemplated by this act, and no pre-emption right shall from sale. attach thereto. APPROVED, June 18, 1838.
STATUTE II. Chap. CXV.-An Act to reorganize the district courts of the United States in the June 18, 1838.
State of Mississippi. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Missis, Mississippi di
vided into two sippi shall be, and the same is hereby, divided into two districts, in the
districts. following manner, to wit : The counties of Noxubee, Winston, Attala,
Northern dis. Carrol, Bolivar, Coahoma, Tunica, De Soto, Marshal, Tippah, Tishe-trict. mingo, Itawamba, Monroe, Lowndes, Oaktibbeha, Choctaw, Yalobusha, Tallehatcha, Ponola, Lafayette, Pontotoc, and Chickasaw, in said State, shall compose one district, to be called the northern district, and a court shall be held for the said district, at the town of Pontotoc, and the residue of the counties of the said State shall hereafter compose the southern district of Mississippi, and a court shall be held for the same,
Southern dist. as heretofore, at the city of Jackson.
Sec. 2. And be it further enacted, That there shall be two terms of U. S. district the district court, for the northern district, held at Pontotoc, in each judge for Miss.
to hold two year, to begin on the first Monday of June and December, and the dis
terms a year in trict judge of the United States for the State of Mississippi is hereby northern dist. required to hold the courts aforesaid.
Sec. 3. And be it further enacted, That all causes at law or in Allcases pend. chancery, and all indictments pending in the district court at Jackson, ing in the dist.
court at Jackin which the defendant or defendants resided in the northern district
son, &c. to be (hereby established) at the time of serving process or the finding of a transferred for bill of indictment, shall be transferred for trial to the district court for trial, &c. the said northern district, and be proceeded in, heard, adjudged, and determined, in the same manner as though originally commenced or prosecuted in the said court; and it shall be the duty of the clerk of the district court at Jackson, safely to transmit to the clerk of the dis- The original trict court at Pontotoc, the original papers in all cases and prosecutions Papers to be hereby ordered to be transferred, together with a transcript of all orders and other proceedings had thereon.
(a) See notes of acts relating to the district court of Mississippi, vol. 3, 611.
All suits, not Sec. 4. And be it further enacted, That all suits hereafter to be of a local nature,
brought in either of said courts not of a local nature, shall be brought shall hereafter be brought to
in the court of the district where the defendant resides; but if there be the court of the more than one defendant, and they reside in different districts, the plaindistrict, &c.
tiff may sue in either, and send a duplicate writ against the defendant, directed to the marshal of the other district, on which the plaintiff or his attorney shall endorse that the writ thus sent is a copy of a writ sued out of the district court of the proper district; and the said writs, when executed and returned into the office from which they issued, shall
constitute one suit, and be proceeded in accordingly. The judge of Sec. 5. And be it further enacted, That the judge of the said courts said courts to shall appoint a clerk of the district court of the northern district, who appoint a clerk for the northern shall reside and keep his office, and the records and documents apperdistrict-his du- taining thereto, at the place of holding said courts; said clerk shall be ties, fees, &c.
entitled to the same fees allowed by law to the clerk of the other district of the State of Mississippi, perform the like duties, and be subject to
the same liabilities and penalties. A marshal and Sec. 6. And be it further enacted, That a marshal and district attorney dist. atty; to be shall be appointed in the northern district of the State aforesaid, having appointed for the northern
the same duties and liabilities, in all respects, as are now possessed by dist.-their du. the marshal and district attorney, respectively, in the State of Missisties and liabili- sippi; and the said marshal is hereby required to give the same bonds ties.
that other marshals are required to give under the laws of the United
States, to be approved of and recorded as now directed by law. Marshal and
Sec. 7. And be it further enacted, That the marshal and district dist. atty. of the attorney for the northern district, shall have the same salaries, fees and porthern dist. to compensation, as are allowed and paid to the other marshal and district have the same salaries, &c. attorney for the State of Mississippi, under the laws of the United
APPROVED, June 18, 1838. STATUTE II. June 18, 1838. Chap. CXVI.-An Act to authorize the President of the United States to cause the
southern boundary line of the Territory of Iowa to be ascertained and marked. Act of June 12, 1838, ch. 96. Be it enacted by the Senate and IIouse of Representatives of the United
President to cause southern
States of America in Congress assembled, That the President of the boundary of Io. United States be, and he is hereby, authorized to cause to be surveyed, wa to be ascer- ascertained and distinctly marked, the southern boundary line of the tained and marked. Territory of Iowa, west of the Mississippi river, which divides said President to Territory from the State of Missouri; and that, for that purpose
he appoint a com- shall appoint a commissioner on the part of the United States, who missioner to act, &c. in running,
(with the aid of such surveyor or surveyors as may be necessary) shall &c. the line. unite or act in conjunction with a commissioner to be appointed by the
State of Missouri and a commissioner to be appointed by the Governor of the Territory of Iowa, in running, marking, and ascertaining said boundary line; and that it shall be the duty of the commissioner so to
be appointed by the President as aforesaid, after he shall have ascerThree maps of tained, run, and marked said boundary line, to make three maps or the line, &c. plats thereof, with a description or survey-bill thereof appended to each
map or plat; one of which shall be returned to the office of Secretary of State for the United States, one to the office of Secretary of State for the State of Missouri, and one to the Secretary of the Territory of Iowa, and the said commissioner on the part of the United States shall
also make a full report of his proceedings in the premises to the SecreSaid line to be run according
tary of State for the United States. to acts of 6th Sec. 2. And be it further enacted, That the said boundary line shall March 1820, be run or surveyed, ascertained, and marked in all respects according ch. 22, and 7th June 1836, ch.
to, and in pursuance of the provisions of the following acts, wherein the said boundary line is defined and described, to wit: an act of Congress
of the sixth March, eighteen hundred and twenty, entitled “ An act to
To be approvtained, and marked, shall not be deemed to be finally established and ed by Congress. ratified by the United States, until the map or plat, and description aforesaid, and also the said report of the commissioner shall be submitted to, and the boundary, as thus ascertained and marked, approved of and ratified by the Congress of the United States.
Sec. 4. And be it further enacted, That, for the purpose of carrying Appropriation. into effect the provisions of this act, the sum of four thousand dollars, be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated. APPROVED, June 18, 1838.
STATUTE II. Chap. CXVII.-An Act making an appropriation for completing the public June 18, 1838.
buildings in Wisconsin. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of twenty thou- Appropriation sand dollars be, and the same is hereby, granted and appropriated, out for completing of any unappropriated money in the Treasury, to defray the
expenses completing the public buildings in the Territory of Wisconsin, which are now commenced and partially completed; which said sum, or so much thereof as may be necessary for that purpose, shall be expended How to be exaccording to the act of the Legislative Assembly of Wisconsin, entitled pended. “An act to establish the seat of Government of the Territory of Wisconsin, and to provide for the erection of public buildings," approved December thirty, eighteen hundred and thirty-six : Provided, That the Proviso. commissioners elected in pursuance of the third section of said act, shall cause the said money to be so expended as to accomplish the completion or finishing of said buildings without further expense to the United States. APPROVED, June 18, 1838.
STATUTE II. Chap. CXVIII.-- An Act to require the judge of the district courts of East and Sune 18, 1838.
West Tennessee to hold a court at Jackson, in said state. (a)
A district court
U. S. establishof the United States be, and the same is hereby, established in the western district of the State of Tennessee, for the counties of Benton, Car- ern district of roll, Henry, Obion, Dyer, Gibson, Lauderdale, Haywood, Tipton, Shelby, Tennessee.
(*) See notes to the act of January 13, 1831, chap. I. Vol. V.-32
ed in the west