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1837.

of residence; and he shall also furnish a list of all patents which shall have become public property during the same period ; together with such other information of the state and condition of the Patent Office, as may be useful to Congress or to the public.

Approved, March 3d, 1837.

CHAP. 46. An ACT to provide for continuing the construction, and for the

repair of certain roads, and for other purposes, during the year eighteen hundred and thirty-seven.

Cumberland

(Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of one hundred and ninety thousand dollars be,

Continuing the and the same is hereby, appropriated for the purpose of continu- road in Ohio, ing the Cumberland road in the State of Ohio ; That the sum linois. of one hundred thousand dollars be, and the same is hereby appropriated, for the purpose of continuing the Cumberland 'road in the State of Indiana; And the sum of one hundred thousand dollars be and the same is hereby appropriated for the purpose of continuing the Cumberland road in the State of Illinois; Pro Proviso. vided That said road within the State of Illinois, shall not be stoned or gravelled, unless it can be done at a cost, not greater than the average cost, of stoning or gravelling said road, within the States of Ohio and Indiana; which sums shall be paid out of any money in the Treasury not otherwise appropriated; Provided That in all cases where it can be done, it shall be proviso. the duty of the superintending officers, to cause the work on said road to be laid of in sections, and let out to the lowest substantial bidder, after due notice.

Sec. 2. And be it further enacted, That the second sec- 2d section act 24 tion of an act for the continuation of the Cumberland road in the July, 1836, sba!!

not be appli. States of Ohio, Indiana and Illinois, approved the second day of cable, &c. July, eighteen hundred and thirty-six shall not be applicable to expenditures hereafter to be made on said road.

Sec. 3. And be it further enacted, That the following sums be and the same are hereby appropriated, to be paid out of any money in the Treasury, not otherwise appropriated : to wit, For the repairs of the Cumberland road, east of the Ohio Repairs on the river, seven thousand one hundred and eighty-three dollars and road east of the sixty-three cents;

For continuing the construction of the road from the northern Road from nor. boundary of the Territory of Florida, by Marianna, to Appala- of Florida to chicola, twenty thousand three hundred and thirteen dollars ;

Appalachicola. For defraying the expenses incidental to making examinations Expenses inci: and surveys, under the act of the thirteenth of April, eighteen hun- ing dred and twenty-four, and for geological and mineralogical sur- der veys and researches in the Indian country, on the public lands, April

,

1824, and in the territories of the United States, thirty thousand dollars ;

dental to mak

examina tions, &c. un

act 30th

For surveys of a military character, and for the defences of Surveys of a the Atlantic and western frontiers, fifteen thousand dollars.

military char. acter, &c.

1837. Sec. 4. And be it further enacted, That the several sums The sums here. hereby appropriated for the construction of the Cumberland road by appropria in the States of Ohio, Indiana and Illinois, shall be replaced by berland road in said States respectively, out of the fund reserved to each for layand illinois, to ing out and making roads under the direction of Congress, by said States, &c. the several acts passed for the admission of said States into the Union, on an equal footing with the original States.

Approved, March 3d, 1837.

CHAP. 47. An ACT for the relief of Abigail Appleton. (Sec. 1.) Be it enacted by the Senate and House of Represen.

tatives of the United States of America in Congress assembled, Pension renew. That the pension heretofore granted, by law, to Abigail Appleed for five years ton, the widow of Daniel Appleton, pursuant to the provisions from 30 Sep of the act entitled “An act in addition to an act giving pensions

to the orphans and widows of persons slain in the public or private armed vessels of the United States," and the act to which the same is an addition, subject to the conditions and limitations therein contained, be, and the same is hereby, renewed and continued for an additional term of five years, to commence from the third day of September, one thousand eight hundred and thirty-four, subject to the conditions and limitations aforesaid.

Approved, March 3d, 1837.

CHAP. 48. An ACT for the relief of John Jeffers.

said lands, &c.

(Sec. 1.] Be it enacted by the Senate and House of Represen

tatives of the United States of America in Congress assembled, Upon the surren: That John Jeffers be, and he is hereby, authorized to surrender certificate, shall the certificate which heretofore issued from the land office at bne rom the Huntsville, Alabama, to John Sharp, and which was assigned to register, &c. for said Jeffers by Dixon Stanbach, as administrator of Stephen money paid on Heard, for the northwest quarter of section twenty-eight, town

ship six, range two, west of the basis meridian of said land district; and upon such surrender of said certificate, and filing his relinquishment in said land office, the said John Jeffers shall be entitled to a certificate from the register and receiver of said land office for the amount which has been paid on said lands which shall be received in said office in payment for any lands subject to entry in that land district.

Approved, March 3d, 1837.

CHAP. 49. An ACT to grant the Atchafalaya Railroad and Banking Com

pany the right of way through the public lands of the United States. [Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

pots, &c.

That there be, and is hereby granted to the Atchafalaya Railroad 1837.
and Banking Company a corporation created by the Legislature The night of way
of the State of Louisiana, the right of way through such por- such portions as
tions of the public land as the road or roads of said company is pass road shall
authorized by its charter to construct, shall pass : Provided, Proviso.
That the portion of the public land occupied thereby shall not
exceed eighty feet in width.

Section 2. And be it further enacted, That the route of The route or said
said road and its branches, shall, at the expense of the aforesaid veyed and de
company, be surveyed and designated through the public lands signated le rouge
by plain marks or monuments, and copies of the field.notes, with &c.
plat or plats of the lands, and a description of the said land-
marks or monuments, and their connection with the previous
official surveys of the adjacent lands, shall be returned to the
office of the Surveyor General of the State of Louisiana, and to
the General Land Office in Washington, within sixty days after
the said surveys or plats are completed, and which shall be
within one year from the date of the passage of this act.

Section 3. And be it further enacted, That for such depots, Portions of the watering places and workshops, as may be essential to the con- granted for de venient use of said road, there is also granted to said company such portion of the public land as they may under like restrictions and conditions, select, on either or each side of said road : Provided, That not more than four acres, to be laid off in a Proviso. square form, shall be selected for such use or purpose at any one place, and not more than one such square shall be granted for every ten miles of the said road or its branches, lying within the public lands; which selections shall be surveyed and returned in the manner aforesaid, and approved by the Secretary of the Treasury for the time being.

Section 4. And be it further enacted, That so long as the permission public land in the vicinity of said road or its branches shall re- &c., granted. main unsold, the said company shall have permission to take therefrom such materials of earth, stone, or wood, as may be necessary for the construction of said road.

SECTION 5. And be it further enacted, That the grants the grants com herein contained, as well the use of the public lands, as of the materials for the construction of said road and its branches, shall unless said road ccase and determine and be of no effect, unless the said road be and completed commenced and completed within the periods fixed by the ole fixed by the charter of the company; and if the said road shall be, at any time after its completion, or during the time of its construction, discontinued or abandoned by said company, the grants and privileges hereby made and allowed shall cease and determine and be of no effect.

Approved, March 3d, 1837.

1

to

tained herein shall cease, &c.,

charter, &c.

CHAP. 50. An ACT granting a pension to William C. Beard, late a captain in

the United States army. [Sec. 1.) Be it enacted by the Senate and House of Represen. tatives of the United States of America in Congress assembled That the Secretary of War be, and he is hereby, directed to’to be placed on place the name of William C. Beard, late a captain in the United sien invalid pets

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1837. States army, on the invalid pension roll, at the rate of seventeen

dollars per month, to commence on the first of January one thousand eight hundred and thirty-five.

Approved, March 3d, 1837.

CHAP. 51. An ACT further to amend the act incorporating the Chesapeake

and Ohio Canal Company.

Persons within the D. C. wick.

&c.

[Sec. 1.] Be it enacted by the Senate and House of Represen

tatives of the United States of America in Congress assembled, Act of General That the act of the General Assembly of Virginia, entitled “ An Va.,passed 27th act further to amend the act incorporating the Chesapeake and Feb 1829, 28 Ohio Canal Company," passed the twenty-seventh day of Feb

ruary, eighteen hundred and twenty-nine, be, and the same is hereby assented to and approved.

SECTION 2. And be it further enacted, That if any person or edly, &c. injur. persons shall

, within the District of Columbia, wickedly, or mapeake and Ohio liciously, do injury to the Chesapeake and Ohio canal, its emSamaliyotsa em bankments, walls, moles, tow-paths, bridges, culverts, drains, or to liable to fine, any part necessary to the uses and purpuses of said canal, he,

she, or they, shall be liable to a fine of not less than five or more than fifty dollars, to be recovered before any justice of the peace of the District of Columbia ; and any such justice may, on his own view, or on application verified by affidavit

, to said justice made, issue his warrant, describing the injury committed, and, upon conviction, the said justice shall have authority to commit the offender to close jail, without bail or mainprise, until said fine aud costs be paid, or until said defendant be discharged by due course of law: Provided, however, That nothing in this act contained shall be so construed as to prevent said canal company from recovering damages from any person or persons who inay commit any of the trespasses aforesaid

SECTION 3. And be it further enacted, That all condemnations marshal of D. of land for the use and

purposes of said canal company, which have heretofore been made by the marshal of said District, or any lawful deputy marshal, shall be as valid as though the same had been situated in the State of Maryland, and had been condemned in pursuance of the laws of said State, through the action and agency of a sheriff of any of the counties of said State.

Proviso.

Condemnations oi land by the

C., &c.

Act of Gen. Ass.

27th Feb. 1829.

and Ohio Canal

By the General Assembly of the Commonwealth of Virginia. Va: parsel An ACT further to amend the act incorporating the Chesapeake and Ohio Canal

Company-Passed February twenty-seventh eighteen hundred and twenty-nine. The Cheapeake Be it enacted by the General Assembly, That the Chesapeake Company may and Ohio Canal Company be, and they are hereby, empowered,

substitute whenever it shall be, in the judgment of the president and diboats, &c.

rectors thereof, expedient, in lieu of bridges to substitute boats, properly fitted, for the transportation of persons, wagons and carriages of every description, across the canal, whenever a pub

water.

ground formed in con.

em.

lic or private road shall render a bridge or ferry necessary, and 1837. such road cannot be conveniently conducted under the canal.

Be it further enacted, That the said president and directors, President and di actins in behalf of the said company, and with the consent and with consent of appròbation thereof, expressed at some general meeting thereof, &c.Any surplus in which a majority in interest of said stock is represented, may sell, let, or otherwise dispose of any surplus water in any part of the said canal, or of any feeder or reservoir thereof, if they shall be of opinion that no injury will result therefrom to the navigation of the canal.

Be il further enacted, That whenever it may be necessary to The form heavy embankments, piers, or moles, at the mouths of strueting em creeks, or along the river shore, for basins and other purposes, nay be sold,&c. and the president and directors may deem it expedient to give a ante Grectors, greater strength to the same, by widening them, and constructing &c. them of the most solid materials, the ground so formed for such useful purpose may by them, when so improved, be sold out, or let for terms of years, as they may deem most expedient for the company, on such conditions as may direct the application of the proceeds thereof to useful purposes, and at the same time repay the necessary expense of the formation of such embankments, piers, or moles, : Provided, That this power shall in no case be Proviso. exercised so as to injure the navigation of the canal.

This act shall be in force, so far as relates to the eastern section of the canal, on its receiving the assent of the Legislature This act to be in of Maryland, and of the Congress of the United States, and shall be valid as relates to both sections, on its receiving the further assent of the Legislature of Pennsylvania.

Approved, March 3d, 1837.

CHAP.52. An ACT to authorize the New Orleans and Carrolton Railroad

Company to construct a railroad from Carrolton to the town of Bayon Sara, in the State of Louisiana.

[Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and is hereby, granted to the New Orleans and Right of way Carrolton Railroad Company, incorporated by the Legislature ponions of the of Louisiana the right of way through such portion of the public lands re

. public lands remaining unsold, for the extension of their railroad from Carrolton to the town of Bayou Sara, in the said State : Provided, That the portion of the public lands occupied therefor, Proviso. shall not exceed eighty feet in breadth ; that the route of the said road shall be designated, and marked on the ground by plain landmarks, within the period of eighteen months from the passage of this act, and a copy of the notes of survey and plat thereof, with a description of the said landmarks, be transmitted to the General Land Office, in Washington, within the period aforesaid.

SECTION 2. And be it further enacted, That so long as the Earth, stone, &e; public lands in the vicinity of the said road shall remain unsold, while said lanels the said company shall have power to take therefrom such remain unsold.

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