STATUTE I. CHAP. LXXIII.-An Act making an appropriation for the payment of horses lost June 15, 1844. by the Missouri volunteers in the Florida war. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby appropriated the sum of thirty-four thousand five hundred dollars to be expended out of any money in the Treasury not otherwise appropriated for the purpose of paying the Missouri volunteers the value of their horses and equipage lost or cast away at sea, or which perished or died in consequence of suffering at sea in the voyage from New Orleans to Tampa Bay, in the year eighteen hundred and thirty-seven; and also for such horses as were turned over to the Government by the order of the commanding officer. The value of all horses to be ascertained, and the settlement of all claims to be made according to the provisions of an act entitled "An act making appropriations for preventing and suppressing Indian hostilities for the year eighteen hundred and thirty-nine" approved third of March, eighteen hundred and thirty-nine, or so much of said act as provides for paying the value of horses and equipage of the Tennessee and other volunteers who have at any time been in the service of the United States in the Territory of Florida: and according to the provisions of the fourth section of an act entitled "An act making appropriations for the support of the army for the year one thousand eight hundred and thirty-nine," approved third of March eighteen hundred and thirty-nine: and the said acts, or so much of them as relates to or has a bearing upon those claims as aforesaid, and other existing claims be and the same are hereby revived and continued in force for two years from the passage of this act. Appropriation. Value of horses, any setclaims, to be made according to act of March 3, 1839, ch. 93. tlement of Act of March 3, 1839, ch. 94. Acts relating to claims for horses, &c., re vived. Act of Jan. 18, vived. SEC. 2. And be it further enacted, That an act entitled "An act to provide for the payment of horses and other property lost in the military 1837, ch. 5, reservice of the United States," approved on the eighteenth day of January, eighteen hundred and thirty-seven, and all other acts or parts of acts relating to the same subject be, and the same are hereby, continued in force for the period of two years from and after the limitation provided for by an act approved March third, eighteen hundred and forty-three: Provided, That the foregoing act shall not extend to cases 3,1843, ch. 103 which may arise in any future war. APPROVED, June 15, 1844. Act of March Proviso. STATUTE I. CHAP. LXXIV-An Act to confirm certain entries of land in the St. Augustine June 15, 1844. land district, in the Territory of Florida, made under the pre-emption law of 22d June, 1838. Patents to issue on all en tries made at St. Augustine un der act of June 22, 1838, ch. 119, notwithstanding defect in proof. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to issue patents on all entries made in the St. Augustine land office in the Territory of Florida, under the act entitled "An act to grant pre-emption rights to settlers on the public lands," approved twenty-second June, eighteen hundred and thirty-eight, where the land so entered was public land and liable to the operations of said act, any informality in the proof, or other existing defect therein, or in the mode of entry, to the contrary notwithstanding: Provided, That this act shall apply only to the cases where Proviso. the settlers were forced from their homes by reason of Indian hostilities, and consequently were unable to make out the continuous residence required by the law. APPROVED, June 15, 1844. STATUTE I. June 15, 1844. Persons for Proviso. CHAP. LXXV.-An Act for the relief of persons residing within the reputed lim its of the States of Arkansas or Louisiana, and beyond the boundary line between the United States and the Republic of Texas, as established by the commissioners appointed to ascertain the same. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall and may be lawmerly in the re-ful for any person who, on the twenty-first day of May, which was in the puted limits of the U.S., but year of our Lord one thousand eight hundred and forty, resided within now in Texas, the reputed limits of the States of Arkansas or Louisiana, as the same allowed to rewere then known and understood, and who, since the demarcation of move with all their property the boundary line between the United States and the Republic of Texas, into the U.S. by the commissioners of the respective Governments, has been found to reside within the limits of Texas, to remove within the limits of the United States; and to bring with such person, into the United States, all his or her moveable property of every kind and description whatever, any law to the contrary notwithstanding: Provided, always, That any person desirous of availing him or herself of the provisions of this act, shall present a petition in writing to the district judge of the district of Arkansas or Louisiana, as the case may be, setting forth the facts necessary to entitle him or her to the benefit of the same, and containing a descriptive list of the property which he or she is desirous of bringing with him or her into the United States; which petition shall be verified by the oath of the petitioner, and on due proof of the facts therein set forth, by competent witnesses, to the satisfaction of the said judge, it shall and may be lawful for him, and he is hereby required, to grant to such petitioner a certificate thereof, and that such petitioner has complied, in all respects, with the provisions of this act, and is entitled to bring into the United States the property specified and described in the said petition and certificate. APPROVED, June 15, 1844. CHAP. XCIV.-An Act to amend the act entitled "An act to incorporate the Alexandria Canal Company," approved on the twenty-sixth day of May, eighteen hundred and thirty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person or persons shall wilfully or maliciously, by any means whatever, injure, impair, or destroy any part of the Alexandria canal, or of its aqueducts, dams, locks, culverts, walls, embankments, bridges, buildings, or other works now constructed, or which may hereafter be constructed by the Alexandria Canal Company, under the authority of the beforementioned act, such person or persons so offending shall each of them, for every such offence, forfeit and pay a sum not less than five dollars, nor more than fifty dollars, to be recovered, with costs, in the name and for the use of the said company, before any justice of the peace of the District of Columbia; and any such justice may, on his own view, or on application to him made, verified by affidavit, issue his warrant, describing the injury committed; and upon conviction, such justice shall commit the offender to close jail, without bail or mainprise, until such fine and costs be paid, or until discharged by due course of law: Provided, however, That nothing in this section contained shall be so construed as to prevent the said company from recovering damages from any person or persons who may commit any of the trespasses aforesaid. SEC. 2. And be it further enacted, That it shall not be lawful for any person or persons, other than such as shall be engaged in navigating the said canal, or in the employment of the said company, to walk or ride over or upon the aqueduct erected by the said company over the Potomac river, or to lead or drive any animal over or upon the same; SEC. 4. And be it further enacted, That the said president and directors, or a majority of them, acting in behalf of the said company, may prescribe the form, dimensions, and equipments of the boats and floats to be used upon the said canal, with a view to prevent accidental injury to them, or to the works of the canal, in passing each other, or in passing by or through any of the said works: and if the owner, captain, or other person having charge of any boat or float, shall wilfully or negligently violate, or refuse to comply with, any such regulation, the said president and directors may require such owner, captain or other person, to withdraw his boat or float from the canal by one of the outlets thereof; or, in the event of his failure to do so, on reasonable notice, may order the same to be broken up and removed from the canal, or any of its basins, ponds, aqueducts, or other works; and in like manner, may be broken up and removed therefrom any boat or float, or other substance floating loose upon, or sunk therein, the owner of which is unknown, or if known, refuses or neglects, after reasonable notice, to remove the same; and the materials of every such broken boat, float or other substance, so broken up and removed, shall be sold under the direction of the said president and directors; and the proceeds of every such sale, after paying the costs of breaking up and removing the same, shall be paid over to the owner thereof. SEC. 5. And be it further enacted, That it shall be lawful for the said company to charge the customary rates of dockage and wharfage upon vessels lying at, and goods, and other things laden or unladen at or upon any pier, mole, or wharf, which they may erect in the Potomac river in connexion with their said canal, and not interfering with the corporate rights of the city of Alexandria. SEC. 6. And be it further enacted, That nothing in this act contained, shall be construed to impair any right possessed by the said company before the passage thereof: Provided, always, That Congress may at any time alter or repeal the foregoing act, or any of its provisions. APPROVED, June 17, 1844. Canal compa by may pass by laws. Proviso. ing by-laws Company may rem, &c. of prescribe the boats. Company may charge dockage and wharfage. Rights of the company not to be impaired by this act. Proviso. STATUTE I. June 17, 1844. CHAP. XCV.—An Act to provide for the adjustment of land claims within the States of Missouri, Arkansas, and Louisiana, and in those parts of the States of Mississippi and Alabama south of the thirty-first degree of north latitude, and between the Mississippi and Perdido rivers. (a) Provisions of act of May 26, 182 far as they related to the State of Missouri, revived and extended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the expired act of the twenty-sixth of May, one thousand eight hundred and twenty-four, entitled "An act to enable claimants to land within the State of Missouri and Territory of Arkansas, to institute proceedings to try the validity of their claims," as related to the State of Missouri (excluding all such portions of said act as referred to the territory of 1824, ch. 173. Arkansas) be, and is hereby, revived and re-enacted, and continued in force for the term of five years, and no longer; and the provisions of that part of the aforesaid act hereby revived and re-enacted shall be, and hereby are, extended to the States of Louisiana and Arkansas, and to so much of the States of Mississippi and Alabama as is included in the district of country south of the thirty-first degree of north latitude, and between the Mississippi and Perdido rivers, in the same way and with the same rights, powers, and jurisdictions, to every extent they can be rendered applicable, as if these States had been enumerated in the original act hereby revived, and the enactments expressly applied to them as to the State of Missouri; and the district court, and the judges thereof, in each of these States, shall have and exercise the like jurisdiction over the land claims, in their respective States and districts, originating with either the Spanish, French, or British authorities, as by said act was given to the court, and the judge thereof, in the State of Missouri. District Court to have jurisdiction of French, Spanish and British claims. STATUTE I. June 17, 1844. Act of Aug. 1, 1842, ch. 180. to commence when. APPROVED, June 17, 1844. CHAP. XCVI.-An Act concerning the Supreme Court of the United States. Be it enacted by the Senate and House of Representatives of the Session of Su- United States of America in Congress assembled, That from and after preme Court, the passage of this act, the sessions of the Supreme Court, heretofore commenced and held on the second Monday of January, annually, shall instead thereof be commenced and held the first Monday of December, annually; and all actions, suits, appeals, recognizances, processes, writs, and proceedings whatever, pending, or which may be pending in said court, or returnable thereto, shall have day therein, and be heard, tried, proceeded with, and decided, in like manner as if the time of holding said sessions had not been hereby altered. Proceedings, &c. Justice of Supreme Court attend one term of circuit court in each year; terra to be designated by him. SEC. 2. And be it further enacted, That hereafter it shall not be the duty of the Justice of the Supreme Court assigned to any circuit only required to to attend more than one term of the circuit court within any district of such circuit in any one year; such term to be by him from time to time designated with reference to the nature and importance of the business pending therein and the public convenience; and at such term, appeals and writs of error from the district court, questions of law arising upon statements of fact agreed by the parties or specially reserved by the district judge, and cases at law and in equity of peculiar interest or difficulty, shall have precedence in the arrangement of the business of the court; but nothing herein contained shall be construed to take away the right of such Justice of the Supreme Court, in his discretion, to attend May attend any other terms. (a) Notes of the acts which have been passed relative to land claims in Missouri, vol. 2, 812. any other terms of such circuit court, whenever, in his opinion, the STATUTE I. CHAP. XCVII.-An Act respecting the northern boundary of the State of Mis- June 17, 1844. souri. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be appointed by the Governor of Iowa Territory, by and with the advice and consent of the Council of said Territory, a commissioner, to act in conjunction with such commissioner as may be appointed by the State of Missouri, and such third person, not a citizen of the State of Missouri or Territory of Iowa, as may be designated by the two commissioners aforesaid; the duty of which said three persons it shall be, to ascertain, survey, and mark out the northern boundary line of the State of Missouri, and to cause plats of the said line, when so ascertained, surveyed, and marked out, to be returned to the offices of the Secretary of State of the United States, of the State of Missouri, and of the Territory of Iowa, which plats shall be accompanied by reports of their proceedings in the premises. SEC. 2. And be it further enacted, That said three' commissioners, or a majority of them, shall have authority to appoint a surveyor, and engage the necessary assistants and laborers, to enable them to ascertain, survey, and mark the said line; and the compensation of said commissioners, and of the surveyor employed by them, shall be at the rate of eight dollars per day, for so many days as they may necessarily be employed about the business aforesaid; and the laborers and assistants shall be paid such compensation as may be agreed-upon between each of them and the commissioners, or a majority of them, not to exceed two dollars per day. SEC. 3. And be it further enacted, That the report, as aforesaid, of any two of said commissioners, shall be final and conclusive, and the line so ascertained, surveyed, marked out and returned as aforesaid, by any two of said commissioners, shall be the northern boundary line of the State of Missouri. Act, when to SEC. 4. And be it further enacted, That this act shall not go into force until the Legislature of the State of Missouri shall have assented take effect. to the same, and agreed to abide by the award of said commissioners, or any two of them, as final and conclusive; and the sum of four thou sand dollars is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to carry into effect the provisions of this act. APPROVED, June 17, 1844. CHAP. XCVIII. — An Act to extend the charters of the District Banks. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all actions, suits and judgments in law or equity commenced and now pending or which may hereafter be commenced by or against either of the banks of the District of Columbia whose charters expire on the fourth day of July eighteen hundred and forty-four for the collection of any debt due or the recovery of any right belonging to said banks shall not abate or be in any manner estopped by reason of the expiration of the charter of the bank commencing the same, but may be prosecuted to final judgment and execution in the same manner as though said charter had continued in existence, any law, usage, or custom, to the contrary notwithstanding; and all goods, chattels, lands, tenements, and hereditaments, seized on mesne process, attached, levied upon, set off, or in any way assigned and Appropriation. |
