evidence be laid before the Commissioner of the General Land Office, that it does not include any land to which any other person sets up a legal title. [Approved, May 28, 1830.] 1830. CHAP. 146. An ACT to confirm certain claims to lands in the District of [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the claims to lands reported by the Register and Re-Certain claime ceiver of the Land Office for the District of Jackson Court House, in the State of Mississippi, under the provisions of the act of Congress, approved on the twenty-fourth day of May, one thousand eight hundred and twenty-eight, entitled "An act supplementary to the several acts providing for the adjustment of land claims in the State of Mississippi," as founded on any order of survey, requette, permission to settle, or other written evidence of claim derived from the Spanish authorities, which ought, in the opinion of the said Register and Receiver, to be confirmed, and which, by the said reports, appear to be derived from the Spanish Government prior to the twentieth of December, one thousand eight hundred and three, and the land claimed to have been cultivated and inhabited on or before that day, shall be confirmed in the same maner as if confirmed. the title had been completed: Provided, That, in all such Proviso: claims, where the plat and certificate of survey, made prior to the fifteenth day of April, one thousand eight hundred and thirteen, under the authority of the Spanish Government, in pursuance of such claim, has not been filed with the said Register and Receiver, such claim shall not be confirmed to any one person for more than twelve hundred and eighty acres; and that for all the other claims comprised in the reports as aforesaid, and which ought, in the opinion of the Register and Receiver, to be confirmed, the claimant to such land shall be entitled to a grant therefor, as a donation not to exceed twelve hundred and eighty acres to any one person: And provided, Proviso: also, That the claim of the representatives of Louis Boisdore, numbered four, in report numbered three, shall not be confirmed to more than twelve hundred and eighty acres; and all the confirmations of the said incomplete titles and grants of donations, hereby provided to be made, shall amount only to a relinquishment forever, on the part of the United States, of any claim whatever to the tract of land so confirmed or granted, without prejudice to the interests of third persons. SEC. 2. And be it further enacted, That every person, or his or her legal representatives, whose claim is embraced by the said Register and Receiver in their reports numbers five, six, and seven, of actual settlers, or their legal representatives, 1830. Proviso Pre-emption tain persous. not having any written evidence of claim, shall, where it appears by the said reports that the land claimed or settled on had been actually inhabited and cultivated by such person or persons, in whose right the same is claimed, on or before the fifteenth day of April, one thousand eight hundred and thirteen, be entitled to a grant for the land so claimed or settled on, as a donation Provided, That not more than one tract shall be granted to any one person, and the same shall not exceed six hundred and forty acres, to include his or her improvements, and to be bounded by sectional or divisional lines; and that no lands shall be thus granted which are claimed or recognized by the preceding section. SEC. 3. And be it further enacted, That every person, or granted to cer- his or her legal representatives, comprised in the aforesaid reports of actual settlers, not having any written evidence of claim, who, on the third day of March, one thousand eight hundred and nineteen, did, as appears by those reports, actually inhabit and cultivate a tract of land in the said district, not claimed under any written evidence of title legally derived from the French, British, or Spanish, Governments, or granted as a donation, shall be entitled to become the purchaser of the quarter section, or two-eights of any section, on which the improvements may be, and including the same, at the same price for which other public lands are sold at private sale: Provided, That the same shall be entered with the Register of the Land Office, within the term of two years, or before, if the same shall be offered at public sale: And provided also, That, where any such person is settled on, and has improved any school lands in said district, such person shall be governed by the provisions of the fourth section of the act approved on the twenty-second day of April, one thousand eight hundred and twenty-six, entitled "An act giving the right of pre-emption, in the purchase of lands, to certain settlers in the States of Alabama, Mississippi, and Territory of Florida " Proviso: Proviso: &c. Register and Re- SEC. 4. And be it further enacted, That the Register and ceiver to possess, Receiver of the said district shall possess the same powers, and perform the same duties, in relation to the claims confirmed by this act, as are given to, and required of, them by the act of Congress of the eighth of May, one thousand eight hundred and twenty-two, entitled "An act supplementary to the several acts for adjusting the claims and titles to lands, and establishing Land Offices, in the District east of the Island of New Orleans." [Approved, May 28, 1830.] CHAP. 147, An ACT for the more effectual collection of the impost duties. 1830. praiser to be ap [SECT. 1.] 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, by and with the ad- Additional ap vice and consent of the Senate, is hereby authorized to appoint pointed. an additional appraiser of merchandise for the port of New York, who shall take a similar oath, and have like power and compensation, and perform the same duties, with the appraisers now authorized by law to be appointed at that place. SEC. 2. And be it further enacted, That the Secretary of Eight assistant the Treasury may appoint, not exceeding four assistant ap- appraisors. praisers in New York, two in Philadelphia, and two in Boston, who shall be practically acquainted with the quality and value of some one or more of the chief articles of importation, subject to appraisement, to be employed in appraising goods in such manner as shall be directed by the Secretary of the Treasury, and who shall take and subscribe an oath diligently and faith- Oath and dutipa fully to examine and inspect such goods, wares, or merchan- of assistants. dise, as the principal appraisers may direct, and truly to report to them, to the best of their knowledge and belief, the true va lue thereof, according to law; whereupon the principal apprais- of principals, ers shall revise and correct the same as they may judge proper, and report to the Collector their decision thereon; but, if the Collector to order Collector shall deem any appraisement of goods too low, he reappraisements shall have power to order a re-appraisement, either by the principal appraisers, or by three merchants designated by him for that purpose, who shall be citizens of the United States, and cause the duties to be charged accordingly. age value. Appeal. SEC. 3. And be it further enacted, That, from and after the Rule as to averthirtieth day of September next, whenever goods of which wool or cotton is a component part, of similar kind, but different quality, are found in the same package, if not imported from beyond the Cape of Good Hope, it shall be the duty of the appraisers to adopt the value of the best article contained in such package as the average value of the whole; and if the owner, importer, consignee, or agent for any goods appraised, shall consider any appraisement, made by the appraisers, or other persons designated by the Collector, too high, he may apply to the Collector in writing, stating the reasons for his opinion, and having made oath that the said appraisement is higher than the actual cost and proper charges on which duty is to be charged, and also, that he verily believes it is higher than the current value of the said goods, including said charges, at the place of exportation, the Collector shall designate one merchant, skilled in the value of such goods, and the owner, importer, consignee, or agent, may designate another, both of whom shall be citizens of the United States, who, if they cannot agree in an appraisement, may designate an umpire, who shall also be a citizen of the United States, and when they, or a majority of them, shall have agreed, they shall re 1830. Number of pack mined. discrepancy. port the result to the Collector, and if their appraisements shall not agree with that of the United States' appraisers, the Collector shall decide between them. SEC. 4. And be it further enacted, That the Collectors of ages to be exa- the customs shall cause at least one package out of every invoice, and one package at least out of every twenty packages of each invoice, and a greater number, should he deem it necessary, of goods imported into the respective districts, which package or packages he shall have first designated on the inConsequences of voice to be opened and examined, and if the same be found not to correspond with the invoice, or to be falsely charged in such invoice, the Collector shall order, forthwith, all the goods contained in the same entry to be inspected; and if such goods be subject to ad valorem duty, the same shall be appraised, and if any package shall be found to contain any article not described in the invoice, or if such package or invoice be made up with intent, by a false valuation, or extension or otherwise, to evade or defraud the revenue; the same shall be forfeited, and the fifteenth section of the "Act supplementary to an act to amend an act, entitled 'An act to regulate the collection of duties on imports and tonnage, passed second March, one thousand seven hundred and ninety-nine, and for other purposes," passed first March, one thousand eight hundred and twenty-three; and also so much of any act of Congress as imposes an additional duty or penalty of fifty per centum on duties upon any goods which may be appraised at twenty-five per centum, or ten per centum, above their invoice price, is hereby repealed; and no goods liable to be inspected or appraised as aforesaid, shall be delivered from the custody of the officers of the customs, until the same shall have been inspected or appraised, or until the packages sent to be inspected or appraised, shall be found correctly and fairly invoiced and put up, and so reported to the collector: Provided, That the Collector may, at the request of the owner, importer, consignee, or agent, take bonds, with approved security, in double the estimated value of such goods, conditioned that they shall be delivered to the order of the Collector, at any time within ten days after the package or packages sent to the public stores shall have been appraised and reported to the collector. And if, in the mean time, any of the said packages shall be opened, without the consent of the Collector or Surveyor given in writing, and then in the presence of one of the inspectors of the customs, or if the said package or packages shall not be delivered to the order of the Collector, according to the condition of the said bond, the bond shall, in either case, be forfeited. Qoods, when to be delivered. Proviso: Goods for re-ex portation. SEC. 5. And be it further enacted, That it shall be the duty of the Collector to cause all goods entered for re-exportation, with the right of drawback, to be inspected, and the articles thereof compared with their respective invoices, before a permit shall be given for lading the same; and where the goods so entered shall be found not to agree with the entry, they shall be forfeited; and every importer, owner, consignee, agent, or exporter, who shall enter goods for importation, or for exportation, or transportation from one port or place to another, with the right of drawback, shall deposite with the Collector the original invoice of such goods, if not before deposited with the Collector, and in that case an authenticated invoice thereof to be filed and preserved by him in the archives of the Customhouse, which shall be signed by such importer, owner, consignee, agent, or exporter, and the oath to be made on the entry of such goods shall be annexed thereto. 1830. Ass. App. &c. SEC 6. And be it further enacted, That the Assistant Ap- Compensation of praisers at New York shall receive a compensation of fifteen hundred dollars per annum; and those at Boston and Philadelphia, a compensation of twelve hundred dollars per annum; to be paid out of the proceeds of the customs; and the Clerks, and all other persons employed in the Appraisers' office, shall be appointed by the principal appraisers, and their number and compensation limited and fixed by the Secretary of the Trea sury. SEC. 7. And be it further enacted, That all forfeitures in- Forfeitures. curred under this act, shall be sued for, recovered, and distributed, according to the provisions of the act, entitled "An act to regulate the collection of duties on Imports and Tonnage," passed the second day of March, one thousand seven hundred and ninety-nine: Provided, That the Appraisers and Assistant Proving. Appraisers, shall in no case, receive any proportion of such forfeiture And provided also, That the Secretary of the Treasury shall be, and he is hereby, authorized to remit any such forfeiture whenever he is of opinion that no fraud on the revenue was intended. SEC. 8. And be it further enacted, That whenever, in the Additional bond. opinion of the Secretary of the Treasury, it may be necessary in order to carry into full effect the laws for the collection of the revenue, he may authorize the Collector of any district into which goods, wares, or merchandize, subject to duty, may be imported, to require the owner, importer, or consignee of such goods wares, or merchandize, to give bond, in addition to the bond now required by law, in a sum not exceeding the value of such merchandize, that he will produce, or cause to be produced, within a reasonable time, to be fixed by the said Secretary, such proof as the said Secretary may deem necessary, and as may be in the power of the said owner, importer, or consignee, to obtain, to enable the Collector to ascertain the class or description of manufacture, or rate of duty, to which such goods, wares, or merchandize, may be justly liable. Iron-duty. SEC. 9. And be it further enacted, That, from and after the thirtieth day of September next, all iron manufactured for rail roads, shall be liable to the same rate of duty which is now imposed on bar or bolt iron of similar manufacture; and that all scrap iron shall be liable to the same duty that is charged on iron in pigs: Provided, however, That when it shall be satis- Proviso: |