62 1 Treasury Depart 1828. ized to adjust and pay the accounts of the Register and Receiver, acting as Commissioners, their contingent expenses, and ment, authorized the Receiver the compensation heretofore allowed for bringing accounts of the their reports to Washington, out of any money in the Treasury ceiver acting as not otherwise appropriated. to adjust. &c. the Register and Re Commissioners, &c. to land within the ida, embraced by Spain and the 1819, which shall under the provi containing a of land than the were authorized confirmed by this act. SECT. 6. And be it further enacted, That all claims to land. Where all claims within the Territory of Florida, embraced by the treaty beTerritory of Flor tween Spain and the United States of the twenty-second of treaty between February, one thousand eight hundred and nineteen,* which U. S. of 22d Feb. shall not be decided and finally settled under the foregoing not be decided provisions of this act, containing a greater quantity of land than and finally settled the Commissioners were authorized to decide, and above the sions of this act, amount confirmed by this act: and which have not been regreater quantity ported, as antedated or forged by said Commissioners, or ReCommissioners gister and Receiver acting as such, shall be received and adto decide and a- judicated, by the Judge of the Superior Court of the district bove the amount within which the land lies, upon the petition of the claimant, according to the forms, rules, regulations, conditions, restric[See Vol. 6, P tions, and limitations prescribed by the district Judge, and claimants in the State of Missouri, by act of Congress, approved May twenty-sixth, eighteen hundred and twenty-four, entitled "An act enabling the claimants to land within the limits of the State of Missouri, and Territory of Arkansas, to institute proceedings to try the validity of their claims :" Provided, That in this section to nothing in this section shall be construed to authorize said authorize said Judges to take cognisance of any claim annulled by the said Judges to take treaty, or the decree ratifying the same by the King of Spain, claim annulled by nor any claim not presented to the Commissioners or Register and Receiver, in conformity to the several acts of Congress, providing for the settlement of private land claims in Florida. 638.] [1See Vol. 7, p. 300.] Proviso; nothing be construed to said treaty, &c. SECT. 7. And be it further enacted, That it shall be lawful Lawful for claim- for the claimants to lands, as aforesaid, to take an appeal, as ant to lands, as an appeal, as di foresaid act from Judge of the Dis aforesaid, to take directed in the act aforesaid, from the decision of the Judge of reeted in the a- the District, to the Supreme Court of the United States, withthe decision of the in four months after the decision shall be pronounced; and the trict, to the Sup- said Judges shall each be entitled to receive the extra comU. S. within four pensation given to the District Judge of Missouri, for the permonths after the formance of the duties required by this act, out of any money pronounced, &c. in the Treasury not otherwise appropriated. reme Court of the decision shall be So much of said are applicable and this act. extended SECT. 8. And be it further enacted, That so much of the said act, so far as they act, the provisions of which, so far as they are applicable, and are not altered by are not altered by this act, are hereby extended to the Territo the Territory tory of Florida, as subjects the claimants to the payment of of Florida as sub costs in any case where the decision may be in favor of their jects the claimants to the payment of claims, be, and the same is hereby, repealed; and the costs where the deci- shall abide the decision of the cause as in ordinary causes bevour of their fore the said Court. And so much of the said act as requires claims, repealed, the claimants to make adverse claimants parties to their suits, costs in any case sian may be in fa &e. 63 or to show the Court what adverse claimants there may be to 1828. the land claimed of the United States, be also hereby repealed. U. S. for the dis trict in which the instituted in every cision is against to make out and statement contain case, &c. SECT. 9. And be it further enacted, That it shall be the duty Duty of the Attor of the Attorney of the United States for the district in which ney General of the the suits authorized by this act shall be instituted, in every suits authorized case where the decision is against the United States, to make by this act shall be out and transmit to the Attorney General of the United States, case where the de a statement, containing the facts of the case, and the points of the United States, law on which the same was decided; and it shall be the duty transmit to the Atof the Attorney General, in all cases where the claim exceeds torney General, a one league square, and in all other cases, if he shall in such ing the facts of the latter cases think the decision of the District Judge is erroneous, to direct an appeal to be made to the Supreme Court of the United States, and to appear for the United States, and prosecute such appeal; which appeal in behalf of the United States may be granted at any time within six months after the rendition of the judgment appealed from, or at any time before the expiration of the term thereof, which may commence next after the expiration of said six months; and it shall be the further duty of the District Attorney to observe the instruction given to him by the Attorney General in that respect. President of the fappoint a law perintend the in in the premises, agent to collect of States, &c. SECT. 10. And be it further enacted, That it shall be lawful Lawful for the for the President of the United States to appoint a law agent, United States to whose special duty, it shall be to superintend the interests of agent, whose duthe United States, in the premises, to continue him in place as it shall be to suilong as the public interest requires his continuance; and to alterest of the U. S. low such pay to the agent as the President may think reasona- &e. ble. It shall also be the duty of said agent to collect testimo. Duty of said ny in behalf of the United States, and to attend, on all occasions, testimony in be when said claimants may take depositions; and no deposition to the United so taken by them shall be read as evidence, unless said agent or district attorney shall have been notified, in writing, of the time and place of taking them, so long previous to said time as to afford to him an opportunity of being present. SECT. 11. And be it further enacted, That it shall be law- Lawful for the ful for the President to employ assistant counsel, if in his opin- point assistant ion the public interest shall require the same: and to allow the public inter to such counsel and the District Attorney, such compensation est require the as he may think reasonable. President to ap counsel, should same, &c. lands, &c. within this act, forever if, on account of SECT. 12. And be it further enacted, That any claims to Any claims to lands, tenements, and hereditaments, within the purview of this the purview of act, which shall not be brought by petition before said court barred after the within one year from the passage of this act, or which, after passage of this act, being brought before said court, shall, on account of the ne- neglect or deny glect or delay of the claimant, not be prosecuted to a final de- they have cision within two years, shall be forever barred, both at law to a fira. decision and in equity; and no other action at common law, or proceeding in equity, shall ever thereafter be sustained in any court whatever. of the claimant, been prosecuted not within two years. SECT. 13. And be it further enacted, That the decrees which Decrees rendered 1828. may be rendered by said District, or the Supreme Court of the United States, shall be conclusive between the United States Supreme Court and the said claimants only, and shall not affect the interests by said District or .S. to be conclu sive between the of third persons. V S. and said Chimants, only. [Approved, 23 May, 1828.] purchased, on credit has not the provision of 1821, and have re to revert, to the pay the purchase money. CHAP. 71. An ACT for the Relief of Purchasers of the Public Lands, that have reverted for non-payment of the Purchase Money. [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Where public That, in all cases where public lands have been purchased, on lands have been which a further credit has not been taken under the provisions which a further of the act of the second of March, one thousand eight hundred been taken under and twenty-one,* and have reverted, or are liable to revert, to aet of 24 March, the United States, for failure to pay the purchase money, or verted,or are liable have been sold by the United States by reason of such failure U.S. for failure to to pay, and in all cases where one twentieth of the purchase money shall have been deposited and forfeited to the United [See Vol 6, p. States, it shall be the duty of the Register of the Land Office, where the purchase or deposite was made, to issue, upon application, to the person, or persons, legally entitled to the benefit of the payments made previous to such reversion or sale, his, her, or their legal representatives or assigns, a certificate for the amount so paid, and not refunded, which shall be received and credited as cash in payment of any public land that has been heretofore, or may hereafter be, sold by the United States, in the State or Territory in which such original purchase or deposite was made. 550.J Duty of the Com General Land Of the form of such certificates. SECT. 2. And be it further enacted, That it shall be the duty missioner of the of the Commissioner of the General Land Office to prescribe fice to prescribe the form of such certificates, which shall, in every case, specify the tract or tracts of land so reverted or sold, the amount paid, date of payments, and by whom made; and it shall be the duty of the Register issuing such certificates, to keep a record of the same, and to forward to the General Land Office, at the close of each month, an abstract of the certificates issued during the month; and for each certificate, the officer issuing the same shall be entitled to receive, from the applicant, the sum of fifty cents. Said certificates, shall be entered in SECT. 3. And be it further enacted, That the said certificates, when received in when received in payment for lands, shali be entered in the payment forlands, books of the Land Office, where received, and transmitted with the books of the the accounts of the Receiver of the Public Moneys, to the received, and trans- General Land Office, in such manner as the Commissioner of eral Land Office. said Office shall prescribe; and if, upon comparison of the ori Land Office where mitted to the Gen ginal with the returns from the office whence any certificate issued, it shall appear to the satisfaction of the said Commis sioner, that such certificate has been issued and duly paid, according to the true intent and meaning of this act, the same shall be passed to the credit of the person paying the same as so much cash. 1828. sold at New York SECT. 4. And be it further enacted, That, for any moneys For any moneys forfeited, on lands sold at New York or Pittsburg, the certifi forfeited on lands cate shall be issued by the Secretary of the Treasury; which or Pittsburg, the certificate shall be received in payment for lands at any of the be issued by the Land Offices of the United States, as the certificates issued in Secretary of the conformity to the foregoing provisions of this act are made re ceivable. certificate shall Treasury. certificate be is SECT. 5. And be it further enacted, That, in no case, shall a In no case shall a certificate be issued to any person, except to the person who sued to any peroriginally forfeited the lands, or to his heir or heirs; nor shall son, except to the a grant issue, or the lands purchased with any scrip be trans ferred, until six months after the certificate shall have been de posited in the office. person who origi lands, or to s nally forfeited the heir or heirs. of land returned eral Land Office. SECT. 6. And be it further enacted, That, if any tract of land where any tract returned as sold to the General Land Office, shall have been as sold to the Gen paid for in forged or altered certificates, such sale shall be void, shall have been and the land subject to be sold again, at public or private sale, or altered certifipaid for in forged as the case may be; and in case any such forged or altered cates. certificate shall be received upon any debt for land heretofore sold, or in part payment of any tract of land that may be hereafter sold, it shall be the duty of the Commissioner of the Gen eral Land Office, by advertisement, or in such other manner as he shall direct, to give notice thereof to the person making such payment; and if, within six months after notice, such person shall not pay into the proper Land Office the amount so falsely paid, the tract of land upon which such payment was made, shall, with all money actually paid thereon, be forfeited to the United States. two or more persons be of a section or SECT. 7. And be it further enacted, That, where two or more where persons have become purchasers of a section or fractional sec come the purchation, the Register of the Land Office for the district in which ser or purchasers the lands lie, shall, on application of the parties, and a surren- fractional section. der of the original certificate, issue separate certificates, of the same date with the original, to each of the purchasers, or their assignees, in conformity with the division agreed on by them: Provided, That, in no case, shall the fractions so purchased be provi; divided by other than North and South, or East and West lines; nor shall any certificate issue for less than eighty acres. Approved, 23 May, 1828.] CHAP. 72. An ACT to provide for extending the term of certain Pensions, chargeable on the Navy and Privateer Pension Fund. [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where provision has been made, by law, for Where provision has been made by 1828. the five years' half pay to the widows and children of officers, seamen and marines, who were killed in battle, or who died in law, for half pay to the widows, &c. the naval service of the United States during the last war; and killed in battle, also, in all cases where provision has been made for extending certain pensions the term for five years in addition to any term of tive years, the of officers, &c. &c. the term of to be extended. Pensions of all ceipt thereof un the following laws continued. ["See vol 4, p. 652.1 291.] said provision shall be further extended for an additional term of five years, to commence at the end of the current or last expired term of five years in each case, respectively; making the provision equal to twenty years half pay; which shall be paid out of the fund heretofore provided by law; and the said pensions shall cease for the causes mentioned in the laws providing the same, respectively. SECT. 2. And be it further enacted, That the pensions of all widows, who are widows, who now are, or who, at any time within one year with one year last past have been in the receipt thereof, under the provision of last past be in re the following laws of the United States, or either of them, to der provision of wit: An act passed March the fourth, one thousand eight hunor either of them, dred and fourteen, entitled "An act giving pensions to the orphans and widows of the persons slain in the public or private armed vessels of the United States,"* and an act, passed April the sixteenth, one thousand eight hundred and eighteen, entitled "An act in addition to an act giving pensions to the orphans and widows of persons slain in the public or private armed +See vol 6, P. vessels of the United States," so far as regards persons receiving pensions from the fund arising from captures and salvage, made by the private armed vessels of the United States, be and the same are hereby continued, under the restrictions and regulations in the said acts contained, for and during the additional term of five years, from and after the period of the expiration of the said pensions, respectively: Provided, however, That the said pensions shall be paid from the proceeds of the Privateer Pension Fund alone, and without recourse to the United States, for any deficiency, should such occur, which may hereafter arise thereon: And provided further, That no such pension shall be paid to any such widow after her intermarriage had, or to be had, after she shall have become such widow. [Approved, 23 May, 1828.] Proviso. Proviso. CHAP. 73. An ACT to authorize the improving of certain Harbors, the building of Piers, and for other purposes. [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Sums respective. That the following sums be, and the same are hereby, respecMy appropriated. tively appropriated, to be applied under the direction of the President of the United States, to accomplish the objects hereinafter mentioned; that is to say: For removing the For removing the sand bar at or near the mouth of Meri |