1828.

Duties collected

on

vessels of Prus er than those im

sia not to he high.

posed on vessels, &e of the U. s.

All duties assessed

since 15th April vessels, c. be

SECT. 2. And be it further enacted, That no other or higher rate of duties shall be imposed or collected on vessels of Prussia, or of her Dominions, from whencesoever coming, nor on their cargoes, howsoever composed, than are, or may be, payable on vessels of the United States and their cargoes. SECT. 3. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, authorized to return all du 1826, on Prussian ties which have been assessed, since the fifteenth day of April, one thousand eight hundred and twenty six, on Prussian ves have been payasels, and their cargoes, beyond the amount which would have been payable on vessels of the United States, and their cargoes; ed. and that the same allowances of drawback be made on merchandise exported in Prussian vessels as would be made on similar exportations in vessels of the United States.

yond the amount

which would

ble on vessels of the . S. return

act as relates to

&e to continue in

SECT. 4. And be it further enacted, That so much of this act So much of this as relates to Prussian vessels, and their cargoes, shall continue Prussian vessels, and be in force during the time that the equality for which it force on certain provides shall, in all respects, be reciprocated in the ports of conditions, &c. Prussia, and her Dominions; and if, at any time hereafter, the said equality shall not be reciprocated in the ports of Prussia, and her Dominions, the President may, and he is hereby, authorized to issue his proclamation, declaring that fact, and thereupon so much of this act as relates to Prussian vessels, and their cargoes, shall cease and determine.

[Approved, 24 May, 1828.]

CHAP. 89. An ACT declaring the assent of Congress to an act of the State of Alabama.

[SECT. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That the assent of Congress be, and hereby is, granted, to the Assent of Conoperation of an act of the General Assembly of the State of of Alabama, passed on the tenth day of January, one thousand eight hundred and twenty-seven, entitled "An act to incorpo rate the Cahawba Navigation Company."

[Approved, 24 May, 1828.]

gress given to act 10th January 1827.

Alabama of

CHAP. 90. Au ACT to incorporate the Trustees of the Female Orphan Asylum in Georgetown, and the Washington City Orphan Asylum in the District of Columbia.

[SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That John I. Stull, William G. Ridgely and Daniel Buseard. John I. Stull, Wiland their successors in office, duly elected or appointed in the and Daniel Bur manner bereinafter directed, be, and they are hereby made, pointed Trustees

liam G. Ridgely, sard, &c. duly ap

1828.

of the Female Or

declared and constituted a corporation and body politic in law and in fact, to have continuance forever, by the name, style, phan Asylum of and title of "The Trustees of the Female Orphan Asylum of Georgetown, in the District of Columbia."

Beorgetown.

John P. Van Ness,

a pontic un

William Hawley, SECT. 2. And be it further enacted, That William Hawley, &c. incorporated John P. Van Ness, Nathan Towson, Obadiah B. Brown, and der the name, &c. James Larned, and their successors in office, to be appointed of the Washing- as is hereinafter directed, are hereby made, declared and conAsylum. stituted a corporation and body politic in law, and in fact, to have continuance forever, under the name, style, and title of "The Washington City Orphan Asylum."

ton City Orphan

All and singular the lands, &c. &c.

firmed to, the said

corporations pectively.

SECT. 3. And be it further enacted, That all and singular the vested in and con- lands, tenements, rents, legacies, annuities, rights, privileges, res- goods, and chattels, heretofore given, granted, devised or bequeathed to either of said Asylums, or to any person or persons for the use thereof, or that have been purchased for, or on account of the same, be, and they are hereby, vested in, and confirmed to, the said corporations respectively, and that they may purchase, take, receive, and enjoy any lands, tenements, rents, annuities, rights or privileges, or any goods, chattels or other effects, of what kind or nature soever, which shall, or may hereafter be given, granted, sold, bequeathed or devised unto either of them, by any person or persons, bodies politic or corporate, capable of making such grant, and to dispose of the same: Provided, The clear annual income of property to be acquired by either of said corporations, shall at no time exceed the sum of three thousand dollars.

Proviso

Said Corporations

liable to be sued,

of Columbia, &c.

SECT. 4. And be it further enacted, That the said corporacapable to sue and tions respectively, by the name and style aforesaid, be, and within the District shall be hereafter, capable, in law and equity, to sue and be sued, within the District of Columbia, and elsewhere, in as ef fectual a manner as other persons or Corporations can sue or be sued, and that they shall adopt and use a common seal, and the same to use, alter or exchange at pleasure, to appoint a Treasurer and Secretary, and such other officers as they may deem necessary and proper, to assign them their duties, and fix their compensation, and to remove any or all of them, and appoint others, as often as they shall think fit, and to make such bye laws as may be useful for the government of the said Asylum, and not inconsistent with the laws of the United States, or the laws in force in the District of Columbia, and the same to alter, amend or abrogate at pleasure.

An annual meet

butors to the Or

Georgetown to be

Monday of June

SECT. 5. And be it further enacted, That there shall be an ing of the contri- annual meeting of the contributors to the Orphan Asylum of phan Asylum of Georgetown, on the first Monday in June, in every year, at held on the 1st which they shall appoint a first female directress, a second fein every year. male directress, and ten female managers, who shall have power to superintend and manage the internal affairs of the Asylum, and to fill vacancies in their own Board, and any vacancy that may happen by death or otherwise among the Trustees, and to

serve until their successors are duly appointed; and a majority of the said Trustees shall be a quorum, and authorized to

act.

1828.

Present managers of the Washington

City Asylum, call

ed by the article

until the 2nd

SECT. 6. And be it further enacted, That the present managers of the Washington City Asylum, called by the article of association "à board of Trustees," may continue in office, of association "a Board of Trusdischarging the duties of the same, until the second Tuesday tees" to continue in October next, at which time, and on the same day in each duties of the same to discharge the year thereafter, said corporation, by those who from their bye Tuesday in Octolaws may be qualified to vote, shall be regulated, and the offi- ber next. cers thereof appointed, agreeably to the provisions of this act; that is to say, there shall be appointed a first, and a second female directress, and also fifteen female managers; and these directresses and managers, a majority of whom shall be necessary to do business, at such time and place as they may direct, shall appoint a Treasurer and Secretary, and such other officers; and also perform such other duties as the bye laws may direct: Provided, No bye law shall be enacted inconsis. Proviso... tent with any law now existing in the District of Columbia.

tute male or fe

ceived into the

approbation of the

or friends.

SECT. 7. And be it further enacted, That when any desti- When any destitute male or female child may be received into the Asylum male child be rewith the approbation of the parent, guardian or friends who Asylum, with the may have the care of said child, they shall not thereafter be parent, guardian, at liberty to withdraw or leave the Asylum without the consent of the Directors, until, if a male, he shall attain the age of twenty-one years, or if a female the age of eighteen years: but, up to the periods and ages aforesaid, they shall remain subject to the direction of the Asylum, or those to whom, by said Asylum, they may be bound, unless by consent given by those directing the Institution they may be exonerated from service previous to attaining those respective ages.

supplied or filled

prescribed by

SECT. 8. And be it further enacted, That any vacancy Any vacancy to be which from death, resignation, or otherwise may, happen in after the mode any the offices or places of said Asylum, shall be supplied or their bye laws, dec. filled after the mode to be prescribed in their bye laws; and also in pursuance of said bye laws, power shall be possessed to alter and amend the same from time to time, and to remové and appoint to office whenever it shall be deemed advisable to do so.

[Approved, 24 May, 1828.]

CHAP. 91. An ACT making appropriations for Custom Houses and Ware

Houses.

[SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he hereby is, au- Secretary of the thorized to cause to be selected, and purchased, a suitable site to be purchased

Treasury to cause

a Custom House

at Newport,

1828. for a Custom House and Ware House, at Newport, in Rhode a suitable site for Island, and to cause a safe and convenient building to be erand Ware House ected thereon, for the transaction of Custom House business, Rhode Island. and for the safe keeping of the records thereof and of the property in the custody of the Government; and that a sum ceeding $10,000 not exceeding ten thousand dollars be, and the same is hereby appropriated, for the purposes aforesaid, out of any money in the Treasury not otherwise appropriated.

A sum not

appropriated.

ex

House and Ware

of Mobile, Alabama, &c.

Also a suitable SECT. 2. And be it further enacted, That the Secretary of site for a Custom the Treasury be, and he is hereby, likewise authorized to cause House in the city to be purchased a suitable site for a Custom House and Ware House in the City of Mobile, in the State of Alabama, and to have erected a safe and convenient building, or to purchase a proper site with a suitable and convenient building already erected thereon, for the transaction of Custom House business, and for the safe keeping of the property in custody of the GovA sum not exceed-ernment; and that a sum not exceeding eight thousand five hundred dollars be, and the same is hereby appropriated, for the purpose aforesaid, out of any money in the Treasury not otherwise appropriated.

ing 88,500 appro

priated.

A certain brick store in Newbury.

setts, to be put in

SECT. 3. And be it further enacted, That the Secretary of the port, Massachu- Treasury be, and he hereby is, authorized to cause to be put repair and used as in proper repair, and to be used for a Custom House, a certain a Custom House, brick Store, in Newburyport, Massachusetts, once the property of Abner Wood and David Wood, junior, of said Newburyport, A sum not exceed but now belonging to the United States; and that a sum not exceeding three hundred dollars be, and the same is hereby appropriated, for the purpose aforesaid, out of any money in the Treasury not otherwise appropriated.

ing 83,000 appropriated.

A suitable site to

be selected, &c.

for a

House and Ware

Maine.

SECT. 4. And be it further enacted, That the Secretary of the Custom Treasury is hereby authorized and directed to cause a suitable House at Portland, site to be selected and purchased for a Custom House and Ware House at Portland, in Maine, and to cause a safe and convenient building to be erected thereon, for the transaction of Custom House business, and for the safe keeping of the records thereof, and of the property in the custody of the GovernA sum not exceed ment; and that a sum not exceeding twenty thousand dollars ing 820,000 appropriated. is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purposes aforesaid. [Approved, 24 May, 1828.]

See Vol 7, P. 300.1

CHAP. 92. An ACT to continue in force, for a limited time, and to amend an act, entitled "An act to enable claimants to lands within the limits of the State of Missouri and Territory of Arkansas, to institute proceedings to try the validity of their claims."*

[SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Act of 26th May That the act approved the twenty-sixth of May, eighteen hun

force.

dred and twenty-four, entitled "An act to enable claimants to 1828. lands within the limits of the State of Missouri and Territory 1824 contmued in of Arkansas, to institute proceedings to try the validity of their claims,"* shall be,and the same hereby is, continued in force: [See Vol. 7, Pr that is to say, for the purpose of filing petitions in the manner 300. prescribed by that act, to and until the twenty sixth day of May, in the year one thousand eight hundred and twenty nine, and for the purpose of enabling the claimants to obtain a final decision on the validity of their claims in the Courts of Missouri and Arkansas, respectively; the said claims having been exhibited within the time above specified; the said act shall be continued in force to, and until, the twenty-sixth day of May, in the year one thousand eight hundred and thirty, and no longer; and the Courts having cognisance of said claims shall decide upon and confirm such as would have been confirmed under the laws, usages, and customs of the Spanish Government, for two years, from and after the twenty sixth day of May, one thousand eight hundred and twenty-eight, and all the claims authorized by that act, to be heard and decided, shall be ratified and confirmed to the same extent that the same would be valid if the country in which they lie had remained under the dominion of the sovereignty in which said claims originated.

said act, as sub

costs, in any case

sion may be in fa

claims, repealed,

operate only as a

the U. S.

SECT. 2. And be it further enacted, That so much of the said so much of the act as subjects the claimants to the payment of costs in any jects the claimants case where the decision may be in favor of their claims, be, and to the payment of the same is hereby repealed, and the costs shall abide the de- where the deci cision of the cause as in ordinary causes before the said court; your of their and so much of the said act as requires the claimants to make adverse claimants parties to their suits, or to show the court what adverse claimants there may be to the land claimed of the United States, be also hereby repealed. And the confirma- confirmations to tions had by virtue of said act, and the patents issued thereon, relinquishment of shall operate only as relinquishment of title on the part of the title on the part of United States, and shall, in no wise, affect the right or title, either in law or equity, of adverse claimants of the same land. SECT. 3. And be it further enacted, That where any claim, where any claim, founded on concession, warrant, or order of survey, shall be cession, &c. shall adjudged against and rejected. the claimant or bis legal repre-gainst and rejectsentatives, by descent or purchase, being actual inhabitants and ed. cultivators of the soil, the claim to which shall have been rejected, shall have the right of pre-emption, at the minimum price of the public lands, so soon as the land shall be surveyed and subdivided by the United States, of the quarter section on which the improvement shall be situate, and so much of every other quarter section which contains any part of the improvement, as shall be within the limits of the rejected claim." [Approved, 24 May, 1828.]

founded on con

be