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Sec. 7. And be it further enacted, That where a settler on the pub- Settlers residlic lands may reside on a quarter section, a fractional quarter section, ing on one quar; or a fraction of a section less than one hundred and sixty acres, and

ter section, and

cultivating an. cultivated land on any other and different tract of either of the descrip- other, entitled tions aforesaid, he or she shall be entitled, under the act of June twenty- to a choice. two, one thousand eight hundred and thirty-eight, to the same privileges 1838, ch. 119. of a choice between two legal subdivisions of each, so as to include his or her house and farm, not to exceed one hundred and sixty acres in all, as is granted, by the first section of that act, to settlers residing on a quarter section, and cultivating on ancther and different quarter. Sec. 8. And be it further enacted, That where two or more persons

In case of two

or more persons are residing on any of the species of tracts specified in section seven of

residing on one this act, as required by the acts of the twenty-second of June, one thou- quarter section, sand eight hundred and thirty-eight, and first of June, one thousand and one or more eight hundred and forty, and any one or more of said settlers may

of them cultiva. have

ting other tracts. cultivated land during the period of residence required by either of said acts, on another and different tract, or other and different tracts, the latter mentioned settlers shall be entitled to the option of entering the tract lived on, jointly with the other or others, or of abandoning the tract lived on to those who have not cultivated land as above required, and entering the tract or tracts cultivated, so as not to exceed one hundred and sixty acres to any one settler, who, by virtue of this section, is entitled to a separate entry; or such joint settlers may jointly enter the tract so jointly occupied by them, and in addition enter other contiguous unoccupied lands, by legal subdivisions, so as not to exceed one hundred and sixty acres in all to each of such joint settlers: Provided. Proviso. That the extended privileges granted to pre-emptors by this act, shall not be construed to deprive any other actual settler of his or her previous and paramount right of pre-emption, or to extend to lands reserved for any purpose whatever.

Sec. 9. And be it further enacted, That all persons coming within Persons com. the tenth section of the act of the fourth of September, eighteen hundred ing within sec.

10, act 4ih Sep. and forty-one, entitled “An act to appropriate the proceeds of the sales tember, 1841, of the public lands, and to grant pre-emption rights,” shall be entitled ch. 16, entitled to the right of pre-emption under its provisions, notwithstanding such to pre-emption. persons claiming the pre-emption shall have settled upon and improved the lands claimed before the same were surveyed: Provided, Such set- Proviso. tlements were made before the date of the aforesaid act, and after the extinguishment of the Indian title. And said act shall not be so construed as to preclude any person who may have filed a notice of intention to claim any tract of land by pre-emption under said act, from the right allowed by law to others to purchase the same by private entry after the expiration of the right of pre-emption. APPROVED, March 3, 1843.

STATUTE III. Chap. LXXXVII. - An Act to provide, in ccrlain cases, for the sale of the real

March 3, 1813. estate of infants within the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when the guar- When a guardian of any infánt shall think that the interest of his or her ward will be dian thinks it to proinoted by the sale of his or her real estate, or any part thereof, it the ward's inte. shall be lawful for such guardian to exhibit his bill for that purpose, in may exhibit a the circuit court of the District of Columbia, for that county in which bill for that purthe real estate proposed to be sold, or part thereof, shall lie. In the bill pose,

What to set so exhibited, the guardian shall set forth, plainly and distinctly, all the forth. estate, real and personal, to which such infant is entitled, and all the facts which, in his opinion, are calculated to show whether the interest of his ward will be promoted by such sale or not. The bill shall be

sant.

Bill, how veri- verified by the oath of the guardian; and the infant, together with those fied.

who would be heirs to the estate if he or she were dead, shall be made Parties defendant ihertio. parties defendant thereto. It shall be the duty of the court to appoint

Guardian ad some fit and disinterested person to be guardian ad litem, for the infant, litem to be apo

who shall answer such bill on oath; the infant, also, if above the age pointed. Bill, how an

of fourteen years, shall answer the bill in proper person, on oath. swered.

Sec. 2. And be it further enacted, That whether the answer to the for taking depo. plaintiff's bill admit the facts alleged or not, commissions for taking sitions to be depositions shall be awarded; and before the court shall have authority, awarded, &c. under this act, to decree any sale, every fact material to ascertain the

propriety of the sale shall be proved by clear and credible evidence, given by disinterested witnesses; depositions to be taken in the presence of the guardian ad litem, or upon interrogatories agreed upon by

him. What required

Sec. 3. And be it further enacted, That if, upon hearing of the to render a de. cause, it shall be proved, to the satisfaction of the court, by evidence cree of sale law. taken as aforesaid, that the interest of the infant manifestly requires the ful.

sale of his real estate, or any part thereof, and the court shall be of opinion that, by such sale, the rights of others will not be violated, it shall be lawful to decree such sale, in such manner and upon such terms of credit as the court think right, always retaining a lien upon

such estate for the payment of the purchase money. Proceeds of Sec. 4. And be it further enacted, That the proceeds of such sale sale to be ap

shall be vested and applied for the benefit of the infant, either in the plied to the be. nefit of the in- purchase of other real estate, or in such other manner as the court shall

think best; but, in whatever hands the proceeds of the sale may be placed, the court shall require ample security that they shall be faith

fully applied in such manner as the court may direct. D.sposition of Sec. 5. And be it further enacted, That if the infant, after such sale, proceeds in case shall die intestate, under the age of twenty-one years, the proceeds afore dying, said, or so much thereof as may remain at his death, shall be considered

as real estate, and shall pass accordingly to such person or persons as

would have been entitled to the estate sold, if it had not been sold. Costs of suit, Sec. 6. And be it further enacted, That if a sale be decreed, the how paid. costs of the suit shall be paid out of the estate of the infant, otherwise

Guardians not the costs shall be paid by the plaintiff: Provided, That in no case where allowed to pure chase.

a sale shall be decreed shall the guardian of the said infant or infants, or the guardian ad litem, be admitted a purchaser, either by himself or

by another, or in any manner whatever become the owner of the said No sale to be land, during the infancy of the heir or devisee: And provided, also, decreed if pro- That no sale of any infant's real estate shall be decreed, by virtue of hibited by ihe

this act, if the testator from whom such estate is derived, shall, by bis testator.

last will and testament, have expressly directed otherwise. Act to take Sec. 7. And be it further enacted, That this act shall be in force from eflect from its

and after the passage thereof. passage.

APPROVED, March 3, 1843. STATUTE III. March 3, 1843. Cap. LXXXVIII.-An Act directing the survey of the northern line of the re

servation for the half-breeds of the Sochs (Sacs) and Fox tribes of Indians by the 1814, ch. 54.

treaty of August one thousand eight hundred and twenty-four.

Be it enacted by the Senate and House of Representatives of the Boundary line United States of America in Congress assembled, That the Chief Engito be surveyed neer cause to be surveyed and suitably demarked the northern boundary and suitably de. line of the reservation for the use of the half-breeds of the Soch (Sacs] marked.

and Fox tribes of Indians, by the treaty of the fourth of August one thousand eight hundred and twenty-four, beginning at the point, which at the date of said treaty was known and recognised as the northwest corner of the State of Missouri, and running thence due east to the river Mis

sissippi, the section of said line lying between that stream and the river Des Moines being the northern boundary line of said reservation.

APPROVED, March 3, 1843.

STATUTE III. Chap. LXXXIX. - An Act to provide for carrying into effect the treaty between March 3, 1843.

the United States and Great Britain, concluded at Washington on the ninth day of August, one thousand eight hundred and furty-two.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commis- Commissioner sioner to be appointed on the part of the United States for the purpose

to be appointed of running, tracing, and marking certain parts of the boundary line be- in run and mark

the tween the United States and the British possessions in North America, line-his salary. according to the sixth article of the treaty between the United States and Great Britain, concluded on the ninth of August, one thousand eight hundred and forty-two, shall be allowed and paid a salary at the rate of three thousand dollars per annum; and the said commissioner Commissioner may employ a clerk, who shall be allowed and paid a salary at the rate allowed a clerk. of one thousand five hundred dollars per annum: Provided, That the

Proviso. salaries of said officers shall not commence until they shall have been severally ordered into service.

Sec. 2. And be it further enacted, That it shall be lawful for the Officers of the President of the United States to cause any one or more of the officers topographical of the corps of topographical engineers, as the public service may re- be cmployed 10

engineers may quire, to be employed to aid and assist the said commissioner in run- assist the comning, tracing, and marking the said line.

missioner. Sec. 3. And be it further enacted, That for the payment of the Appropriation said salaries, and for other expenses of said commission, including the for expenses of purchase or repair of instruments, wages to persons employed, and other contingencies, there be appropriated, out of any money in the treasury not otherwise appropriated, the sum of fifteen thousand dollars.

Sec. 4. And be it further enacted, That the sum of three hundred Appropriation thousand dollars be, and the same is hereby appropriated, out of any Massachusetts.

for Maine and money in the treasury not otherwise appropriated, to be paid in equal moieties to the States of Maine and Massachusetts, in conformity with the provision of the fifth article of the said treaty.

Sec. 5. And be it further enacted, That it shall be the duty of the Accounts of proper officers of the treasury to audit and pay the accounts of the Maine and Mas.

sachusetts for States of Maine and Massachusetts for all claims for expenses incurred

certain expenses by them in protecting the heretofore disputed territory on the north- to be audited eastern frontier of the United States, and making a survey thereof, as and paid. provided by the fifth article of said treaty; and the sum of, not exceed

Appropriation ing ten thousand seven hundred and ninety-two dollars and ninety-five therefor. cents for Massachusetts, and two hundred and six thousand nine hundred and thirty-four dollars and seventy-nine cents for Maine, is hereby appropriated, out of any money in the treasury not otherwise appropriated, in satisfaction of the said accounts.

Naval approSec. 6. And be it further enacted, That it shall be the duty of the President of the United States, in execution of the provisions of the applied to the

priations to be eighth article of said treaty, to apply so much of the naval appropria- execution of the tions as may be necessary therefor, to the preparation, equipment, and provisions of the

. maintenance of the naval force therein stipulated to be employed on the coast of Africa by the United States.

APPROVED, March 3, 1843.

STATUTE III.
March 3, 1843. Chap. XC.-An act providing the means of future intercourse between the United

States, and the Government of China, Be it enacted by the Senate and House of Representatives of the $10,000 placed United States of America in Congress assembled, That the sum of at the disposal forty thousand dollars be, and the same is hereby, appropriated and of the President placed at the disposal of the President of the United States, to enable commercial re- him to establish the future commercial relations between the Uniied lations with States and the Chinese empire on terms of national equal reciprocity; China. To be account

the said sum to be accounted for by the President, in the manner preed for, how. scribed by the act of first of July, one thousand seven hundred and

Act of July 1, ninety, entitled “ An act providing the means of intercourse between 179), ch. 22. Salary of the

the United States and foreign nations :" Provided, That the annual agent. compensation to any one person employed under this act shall not ex

ceed the sum of nine thousand dollars exclusive of outfit: And proHow to be ap. vided further, That no agent shall be sent by virtue of this act unless pointed.

he shall have been appointed by and with the advice and consent of the Senate.

APPROVED, March 3, 1843. STATUTE III. March 3, 1843. Chap. XCI.–An Act providing for the sale of certain lands in the States of Ohio

and Michigan, ceded by the Il yandot tribe of Indians, and for other purposes. 1852, ch. 60.

Be it enacted by the Senate and House of Representatives of the United Land in Ohio, States of America in Congress assembled, That all that tract of land ceded by Wy in the State of Ohio, to which the Indian title was extinguished by a andot treaty of 17th March treaty with the Wyandot tribe of Indians, concluded at Upper Sandusky, 1812, attached March seventeenth, eighteen hundred and forty-two, shall be attached to district in which siated.

to, and made a part of, the consolidated land district in which it is situLand office 10 ated; and that the land office for the said district shall be removed from be removed to Lima to the town of Upper Sandusky, within the tract aforesaid, as Upper San.

soon as, in the judgment of the President of the United States, such dusky.

removal shall be proper. Part of the Sec. 2. And be it further enacted, That a portion of the tract aforeland to be laid said, including the town of Upper Sandusky, shall, under the direction off, and residue of the surveyor general, be laid off into town lots, streets, and avenues, surveyed.

and into out lots, in such manner and of such dimensions as he may judge proper : Provided, That the land so laid off shall not exceed in quantity six hundred and forty acres, nor the town lots a quarter of an acre each, nor the out lots exceed the quantity of two acres each; and the residue of the lands in the tract shall be surveyed as other public

lands, in connection with the adjacent previous surveys. All the lands, Sec. 3. And be it further enacted, That all the public land in said excepl school tract, with the exception of the section numbered sixteen, in each townlands, &c. to be offered at pub

ship, which shall remain for the support of common schools, and of the lic sale. lots reserved by the provisions of the aforesaid treaty, which shall re

main for the purposes therein expressed, shall, so soon as the surveys and plats of the same be returned to the general and district land offices, be offered at public sale, at Upper Sandusky, under the superintendence of the register of the land office and the receiver of public moneys for the district, at such time as shall be designated by proclamation of the President of the United States; the sales to remain open for two weeks, and no longer, and the lands not to be sold at public

sale nor be subject to private entry thereafter for a price less than two All the lots,

dollars and fifty cents per acre. except four to Sec. 4. And be it further enacted, That the town lots and out lots be selected for directed by this act to be laid off shall, with the exception of four town the town, &c; lots, to be selected by the superintendents of the sale, for the use of and

at public sale. to be vested in the town when it shall become corporate, and also of the lots reserved by the seventeenth article of the aforesaid treaty, to remain for the uses therein provided for, be offered at public sale at the time the other lands in the tract are offered, and are to be subject to entry at private sale thereafter: Provided, however, That no town lot shall be Proviso. sold for less than twenty dollars, nor any out lot for less than at the rate of fifteen dollars per acre. Sec. 5. And be it further enacted, That, in executing the surveys of Improved

lands to be the lands in the tract aforesaid, the surveyor general shall cause the im

noted on plats proved lands to be designated on the general plat, and the position, ex- of survey . tent, and quality of each improvement to be carefully noted; and the Commissioner of the General Land Office shall cause the superintendents of the sales to be furnished with a copy of the schedule of the appraised value of improvements ascertained, pursuant to the fifth article of the said treaty; and in any case, where the lines for subdivision of

Lands to be sections shall divide and injuriously affect the value of an improvement, offered so as to the superintendents of the sale shall be authorized, under instruction of preserve the im. the Commissioner of the General Land Office, to offer, at public and

provements

entire. private sale, an entire quarter section, or half-quarter section, and to attach together halves of two adjacent quarter sections, so as to preserve, as far as practicable, the improvements on a tract entire; and if, Improved in offering at public sale any tract on which improvements exist, the tracis to be

withdrawn from real value of the same, according to the estimate of the superintendents, sale unless their shall not be bidden, it shall be their duty to withdraw the tract from value is bidden, sale, and the tracts thus withdrawn from sale shall again be offered at &c. public sale, due public notice first being given, when directed by the Commissioner of the General Land Office.

Sec. 6. And be it further enacted, That all the lands in the Wyandot Lands in Wy: reserve, on both sides of the river Huron, in the State of Michigan, Michigan to be

andot reserve in ceded to the United States by the aforesaid treaty, shall be attached to attached to the and made a part of the district of lands subject to sale at Detroit; and land district, and

offered for sale. shall be offered for sale at the land office, in the same manner, both as to public and private sale, as is directed for the sale of the lands of the reserve in the State of Ohio by this act: Provided, That the land shall Proviso. not be sold for less than two dollars per acre. APPROVED, March 3, 1843.

STATUTE III. Cuap. XCII. - An Act to fix the value of certain foreign moneys of account, in March 3, 1843. computations at the custom-houses. (a)

1846, ch. 14. Be it enacted by the Senate and House of Representatives of the 1845, ch. 45. United States of America in Congress assembled, T'hat in all

Value of cercomputa

tain foreign motions of the value of foreign moneys of account at the custom-houses

neys at the of the United States, the thaler of Prussia shall be deemed and taken custom-houses. to be of the value of sixty-eight and one half cents; the mil-reis of Portugal shall be deemed and taken to be of the value of one hundred and twelve cents; the rix-dollar of Bremen shall be deemed and taken to be of the value of seventy-eight and three-quarter cents; the thaler of Bremen, of seventy-two grotes, shall be deemed and taken to be of the value of seventy-one cents; that the mil-reis of Madeira shall be deemed and taken to be of the value of one hundred cents; the milreis of the Azores shall be deemed and taken to be of the value of eighty-three and one third cents; the marc-banco of Hamburg shall be deemed and taken to be of the value of thirty-five cents; the rouble of Russia shall be deemed and taken to be of the value of seventy-five cents; the

rupee of British India shall be deemed and taken to be of the value of forty-four and one half cents; and all former laws inconsistent herewith are hereby repealed. APPROVED, March 3, 1343.

(a) Notes of the acts of Congress regulating the currency of foreign coins, vol. 2, 374. VOL. 1.-79

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