« ZurückWeiter »
of the duties so paid or secured to be paid, upon the several parcels and packages of goods so destroyed, pursuant to the provisions of this act.
Sec. 2. And be it further enacted, That the said commissioners shall Time and place meet at such time and place in the city of New York, as shall be ap- of meeting of pointed by the Secretary of the Treasury by a notice for that purpose,
sioners. to be published in at least five of the public newspapers printed in the Notice of to be said city, for the period of at least ten days before the time appointed given. for the said meeting; and, when so convened, shall proceed to take tes- Duty of the timony in relation to the goods so destroyed, and the amount of duties commissioners. paid, or secured to be paid, to the United States thereupon, and to the persons entitled to receive or have remitted to them the amount of such duties; and shall continue the examination and investigation as constantly as their other official duties will permit, until all the claims presented to them for the remission or refunding of duties provided for by this act, which may be presented to them, shall be examined to their satisfaction; but no claim shall be received which shall not be presented within four months from and after the time appointed by the Secretary Claims must for the first meeting of the commissioners; and each of the said com
within four missioners shall be, and is hereby, authorized to administer the neces
months. sary oaths to all persons who are to give testimony in the premises; and Commission. all the testimony presented to or taken before the said commission, shall ers empowered
to administer be committed to writing, and signed by the respective witnesses giving oaths. the same; and any wilful false swearing before the said commission, or Testimony to in any affidavit or deposition taken before any one of the said commis- be committed to
writing. sioners, shall subject the person guilty of the offence, upon conviction
Penalty for before any court of competent jurisdiction, to the punishment prescribed false swearing. by the laws of the United States for wilful perjury.
Sec. 3. And be it further enacted, That, as soon as the said commis- Commission. sioners shall have finally closed the taking of testimony in relation to ers to make a any one or more claims, they shall cause to be made a full and perfect of their investistatement of the goods, wares, and merchandises proved in said claim
gation. or claims, to their satisfaction, to have been destroyed at the conflagration aforesaid, in the unbroken and original packages in which the same were imported, designating in such statement the number of packages, the rate and amount of duty upon each, and the name of the person or persons entitled to receive or have remitted to him or them the duties paid, or secured to be paid, upon each package, and the fact whether such duty has been paid or remains unpaid and secured in the ordinary manner, and shall ascertain and report whether any and what part of the merchandise so destroyed was insured or sold, what proportion of the insurance has been paid, or is secured to be paid in consequence of its destruction by the conflagration aforesaid, and shall deduct from the certificate to be granted under the provisions of this act, the amount paid on such insurance and the amount of duties paid on the goods sold. And the said commissioners shall cause three fair copies of such state
Three copies ment to be made and certified by themselves to be the true and correct of said stateresults of their investigations, one of which copies they shall file with ment to
made and certia the collector of the customs for the port of New York, another with the fied by the comnaval officer of the said port, and the third together with the testimony missioners. taken before the said commission they shall transmit to the Secretary of the Treasury, to be by him kept on file in his Department.
Sec. 4. And be it further enacted, That it shall be the duty of the Sec. Treas. to Secretary of the Treasury, with as little delay as practicable, to es. examine the tesamine the testimony taken before the said commission, from time to
time to time, time, as the same shall be returned to him, to compare the same with and signify his the said statement and adjudications of the said commissioners, and to approval or dissignify to them his approval or disapproval of their determination as to approval of the each claim; and as soon as the determination of the Secretary shall be of the commis
sioners as to officially communicated to the said commissioners, as to any one or each claim.
more of the said clains, they shall forthwith execute and deliver to each Commission. ers to deliver
claimant, whose claim has received the approval of the Secretary, a certhe approval, tificate, signed by them, and stating the amount of duties which the with a certifi- claimant has paid, and is entitled to have refunded to him, and the cate, to each claimant.
amount he has secured to be paid, and is entitled to have remitted upon Proviso. his bonds : Provided, That no such certificate shall be delivered to any
claimant, his agent or attorney, or to his order, until he, or sone person on his behalf, shall have executed and delivered to the collector of the customs for the port of New York, a bond, with sureties to the satisfaction of the said collector, in a penalty of double the sums to be refunded or remitted, as shown by the said certificate, and conditioned for the repayment, to the United States, of the whole amount refunded or remitted to such claimant, with interest from the date of the said bond, in case it shall thereafter be made to appear that the goods upon which
the duties so remitted or refunded were chargeable, were not in fact Proviso. destroyed at the contlagration aforesaid. Provided, That in all cases
when the applicant for relief under this act shall have had bonds other than those given for duties on goods destroyed by said fire, suspended under the act entitled “An act for the relief of the sufferers by fire in the city
of New York," approved nineteenth March eighteen hundred and thirty1836, ch. 42.
six, the amount of twenty-four per cent. on the amount of duties secured by such bonds shall be deducted from the sum which would
otherwise be remitted to such applicants under this act. Certificates to Sec. 5. And be it further enacted, That upon the presentation by be received in
any person to the collector of New York, of any certificate so issued payment of duties.
by the said commissioners, showing that a remission is to be made upon any unpaid bond given to secure duties, and then in the hands of the said collector, it shall be his duty to make the requisite endorsement upon the said bond or bonds, and likewise so far to cancel the said certificate by a proper endorsement thereon as his endorsement upon the bond or bonds shall require, and so far as any such certificate shall show that duties paid are to be refunded, the said collector of the port of New York shall receive such certificate in lieu of money for the
payment of duties at all times endorsing upon the certificate the amount Certificates,
of duties thus cancelled by its presentation; and as fast as the said cerafter being can- tificates shall be thus fully cancelled the said collector shall retain and celled, shall be
transmit (them) to the Secretary of the Treasury to be by him placed upon transmitted to the Secretary of the files of the Department, with the statement from which they were isthe Treasury. sued, and the testimony upon which the duties are refunded or remitted. Proportionate
Sec. 6. And be it further enacted, That in all cases where any article renuission on or package, as imported, shall have been partially and not entirely depackages only partially de
stroyed by the said conflagration, the remission or refunding of duties stroyed. upon such article or package shall be in proportion to the destruction
by the said fire, as that proportion shall be ascertained and certified to the said commissioners by the appraisers for the port of New York; but this section shall not be so construed as to extend to any merchandise or property destroyed or damaged other than in the original and un
broken packages as imported. A clerk may
Sec. 7. And be it further enacted, That the said commissioners may be employed employ a clerk who shall be paid for his services out of any unapprohis salary:
priated money in the Treasury such reasonable compensation as the Secretary of the Treasury shall allow, which payment the said Secretary is hereby authorized and directed to make, not to exceed the rate of two thousand dollars per annum.
APPROVED, July 7, 1838.
STATUTE II. CHAP. CLXXV.-An Act to establish a new collection district in the State of Mis- July 7, 1838.
sissippi. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of Collection dis. the State of Mississippi north of the point where the range line strikes trict to be estathe Mississippi river, between townships thirteen and fourteen, of the blished, &c. Washington land district, is hereby created a collection district, to be called the Vicksburg district, whereof Vicksburg shall be the port of
Vicksburg to entry, subject to all the regulations and duties prescribed in regard be a port of en. to the district of Mississippi, by an act passed the thirtieth of June, try. eighteen hundred and thirty-four, entitled “ An act to establish a port
1834, ch. 135. of entry at Natchez, in Mississippi, and creating certain other ports of delivery, and for other purposes;” and that Grand Gulf shall be a port Grand Gulf to of delivery within said district of which Natchez is the port of entry. be a port of de APPROVED, July 7, 1838.
STATUTE II. Chap. CLXXVI. - An Act to establish additional land offices in the States of
July 7, 1838. Louisiana and Arkansas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the disposal A land office of that portion of the lands belonging to the United States in the State to be established
in Natchitoches. of Louisiana, within the following boundaries, to wit: beginning at the point on the Sabine river, where the base line or thirty-first degree of north latitude strikes the same; thence up said river to the point where the boundary line between the United States of Mexico and the aforesaid State of Louisiana shall leave the same; thence with said boundary, when the same shall be finally fixed, to the northern boundary of the State; thence east with said northern boundary to the dividing line between ranges three and four west; thence with said dividing line south to the base line or thirty-first degree of north latitude; thence with said line to the beginning : a land office shall be established and kept in the town of Natchitoches, to be known as the office for the Northwestern land district in the State of Louisiana. Sec. 2. And be it further enacted, That a register and receiver of
Register and public moneys shall be appointed for said land district in the manner Receiver to be required by law, who shall reside in the town of Natchitoches; they appointed; their shall give bond and security in the same manner and in the same sums, and duties. as other registers and receivers in said State; and their salaries, emoluments, duties and authority shall in every respect be the same, in relation to the lands in the aforesaid district as are now given or granted to the registers and receivers in the other land offices in said State. Sec. 3. And be it further enacted, That during the continuance of
During the the act entitled “ An act to grant pre-emption rights to settlers on the continuance of public lands," approved June twenty-second, in the year eighteen hun- act of 22d June, dred and thirty-eight, the register and receiver of the aforesaid land 1838, ch. 119, district shall attend at least once in two months if necessary at Shreeve- receiver shall at. port in said district for the purpose of receiving proof of and acting on tend at Shreeve. such claims for pre-emption rights, as may be presented to them under port, &c. said act, and remain at said place as long as may be necessary not exceeding two weeks at a time, and said register and receiver shall give public notice for at least two weeks of the time they will attend at said place.
Sec. 4. And be it further enacted, That the Commissioner of the CommissionGeneral Land Office is hereby invested with authority to direct in what ers of General manner and on what conditions the said land office shall be supplied
direct how the with plats and copies of plats and surveys from the offices now establish- office shall be
supplied with ed at Monroe and Opelousas, and the office of the Surveyor General of plais, &c.
Louisiana. What portion
Sec. 5. And be it further enacted, That all that portion of the preof Fayetteville sent Fayetteville district which lies south of the line between townships district shall be eleven and twelve north of the principal base line, shall form a separate called the West. ern district.
land district, and be called the Western land district, and the land office for said district shall be established at the county seat of Johnson county or such other place as the President of the United States shall designate.
Sec. 6. And be it further enacted, That there shall be appointed by Register and
the President, by and with the advice and consent of the Senate, under receiver to be appointed. the existing laws, a register and receiver in and for said district, whose Their compen- compensation shall be the same as provided for other registers and resation.
ceivers; and it shall be the duty of the Secretary of the Treasury, as The necessary soon as it can be done, to cause the necessary tract books, plats, maps books, plats, and surveys of the public lands, in said district, to be filed in said office; le cianidishe pube and all applications for entries in said district shall be made as heretofiled in said of- fore prescribed by law at the land offices now established, until the first fice.
day of June next.
APPROVED, July 7, 1833. Statute II. July 7, 1838. Chap. CLXXVII.—An Act to continue in force the act for the payment of horses
and other property lost in the military service of the United States. [Expired.]
Be it enacted by the Senate and House of Representatives of the Act of 18th
United States of America in Congress assembled, That the act approved ch. 5, continued January eighteen, one thousand eight hundred and thirty-seven, enfor two years by titled " An act to provide for the payment of horses and other property act of Feb. 27, lost or destroyed in the military service of the United States," be, and 1841, ch. 13.
the same is hereby, continued in force for two years from the end of the present session of Congress.
APPROVED, July 7, 1833. STATUTE II. July 7, 1838. Chap. CLXXVIII.-An Act exempting from duty the coal which may be on board
of steamboats or vessels propelled by steam on their arrival at any port in the
United States. Captains of Be it enacted by the Senate and House of Representatives of the United steamboats ar States of America in Congress assembled, That from and after the passriving in the U. S. with coal on
of this act, it shall be lawful for the captain or master of any steam
age board, may pro. boat or vessel propelled by steam, arriving at any port in the United ceed with the States, to retain all the coal such boat or vessel may have on board at same to foreign the time of her arrival, and may proceed with said coal to a foreign ports without paying duty port, without being required to land the same in the United States, or thereon. Acts to pay any duty thereon; and all acts inconsistent with the provisions repealed.
of this act, shall be, and the same are hereby repealed.
APPROVED, July 7, 1833.
CHAP. CLXXIX.–An Act making appropriation for the compilation of the laws (Obsolete.)
of Florida, Be it enacted by the Senate and House of Representatives of the United Appropriation. States of America in Congress assembled, That the sum of two thou
sand dollars be, and the same hereby is, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be expended in compiling the statutes and other laws of the Territory of Florida; the same to be placed for that purpose under the control of the Governor of said Territory.
APPROVED, July 7, 1838.
STATUTE II. Chap. CLXXX.-An Act making appropriations for building light-houses, light
July 7, 1838. boats, beacon-lights, buoys, and making surveys, for the year one thousand eight hundred and thirty-eight.
[Obsolete.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following appropriations be, and the same are hereby, made and directed to be paid out of any money in the Treasury not otherwise appropriated, to enable the Secretary of the Treasury to cause to be erected and established, the light-houses, beacon-lights, buoys, and to make the surveys herein provided for, to wit:
State of Maine.-For the erection of two buoys near the entrance Maine. of Portland harbor, viz: one on Taylor's ledge, and one on Broad- Taylor's ledge cove rock, five hundred dollars.
For rebuilding the light-house on Wood island, five thousand dollars. Wood island.
For placing monuments on Fort-point ledge, Adam's ledge, and Fort-point Buck ledge, in Penobscot river, one thousand three hundred dollars, ledge, and Buck in addition to the former appropriation for that purpose.
ledge. For placing a monument on Bulwark ledge, about seven miles east- Bulwark southeast of Portland light-house, three thousand dollars.
ledge. For placing one buoy on Drummer's ledge, south of Mark island,
ledge and Mark and one buoy on Mark island ledge, five hundred dollars.
island ledge. For erecting a light-house on Bear island, at the entrance of Mount Bear island. Desert harbor, three thousand dollars. For erecting a monument on Bunker's ledge, outside of said island, Bunker's
ledge one thousand dollars. For placing one buoy at the southwest entrance of said Mount De.
harbor, and sert harbor, and two buoys on the reef in the middle of Bass harbor, Bass harbor. one hundred and fifty dollars. For placing a buoy on Bantam ledge, outside of Ram island, two
Bantam ledge. hundred dollars.
For erecting a stone beacon and a buoy on Half-tide ledge in the Half-tide county of Hancock, twelve hundred dollars.
ledge. For placing a spar buoy on a ledge in the vicinity of Crab-tree's Crab-tree's point, about four miles below Sullivan harbor, in said county, one point. hundred and fifty dollars. For the erection of a monument or beacon on York ledge, off the
York ledge. entrance of York harbor, ten thousand dollars.
For erecting a light-house and sea-wall at Saddle-back ledge, in Penob- Saddle-back scot bay, ten thousand dollars in addition to the former appropriations. ledge.
State of New Hampshire.—For the erection of a pier on the east side New Hampof Whaleback light-house, to protect the same, seventeen thousand dol- shire,
Whale-back lars, in addition to the appropriation already made for that purpose. light-house.
State of Massachusetts. For the erection of two small beacon-lights, Massachusetts. on the north side of Nantucket island, in addition to a former appro
Nantucket islpriation for that purpose, two thousand one hundred dollars.
For completing the light-house on Mayo beach, in Welfleet bay, two Mayo beach. thousand dollars.
For a monument, in the place of one carried away, on Bowditch's Bowditch's ledge, in the harbor of Salem, five thousand dollars.
ledge. For a monument on Bowbill ledge, in the harbor of Manchester, or Bowbill ledge. for removing the same, at the discretion of the Secretary of the Treasury, five thousand dollars.
For rebuilding the two light-houses on Plumb island, near New- Plumb Island. buryport, four thousand dollars.
State of Rhode Island.--For buoys or dolphins in Providence river, Rhode Island. six hundred dollars.
For placing two spindles at the mouth of Paucatuck river, the sum Paucatuck riof four hundred dollars. VOL. V.--37