towns. The 10 sections to be laid off into lots, offered for sale, &c. Vol. iii. p. 1637. from sale, on exceeding ten in any one land district, as the president of the which to build United States shall have designated, for the purpose of laying out and establishing towns thereon; which sections, so designated and reserved, for the purpose aforesaid, shall be laid off into lots, and offered for sale, in the manner, and on the terms and conditions, and with the same limitations as to price, as is prescribed for the laying off and sale of lots, by the fifth section of the act, entitled "An act to authorize the appointment of a surveyor for the lands in the northern part of the Mississippi territory, and the sale of certain lands therein described," passed on the third of March, one thousand eight hundred and seventeen. And there shall be reserved from sale, in the Alabama territory, be located for an entire township, which shall be located by the secretary of the a seminary of treasury, for the support of a seminary of learning within the learning, &c. said territory; and, also, any one entire section, which may be located under the direction of the governor of the said territory, for the seat of government therein. An entire township to the support of Lands attached to the district east of Pearl river. tached to the ter having except No 16, servations, &c. The president to designate $ 3. That all the lands laying between the basis meridian, and the first standard meridian, in the Alabama district, be attached to the land district east of Pearl river. And the lands so attachThe lands at ed to the said district, east of Pearl river, after having been surdistrict east of veyed according to law, shall, with the exception of section Pearl river, af number sixteen in each township, which shall be reserved for the been survey- support of schools therein, and with the further exception of ed, to be sold, such reservations as may be made in pursuance of the second secand other re- tion of this act, shall be offered for sale to the highest bidder, under the direction of the register of the land office and the receiver of public moneys, at the place where the land office is kept, and on such day or days as shall, by proclamation of the president of the United States, be designated for that purpose: the sale shall remain open two weeks and no longer. The lands shall not be sold for less than two dollars an acre, and shall, in every other re spect, be sold in tracts of the same size, and on the same terms and conditions, as have been, or may be, providLands offered, ed for lands sold in the same district. All the lands offered for and not sold, may be dis- sale, and remaining unsold at the close of the said public sales, may be disposed of at private sale, by the register of the land office, in the same manner, and on the same terms and conditions, as are or may be provided for the sale of other lands in the same Patents, &c. district; and patents shall be granted in the same manner, and on the same terms, as for other lands in the said district. [Approved, April 20, 1818.] the time of posed of at private sale, &c. Obsolete. Vol. iii. p. 1634. Judicial power of judges in the counties in CHAP. 122. An act to alter and amend an act, approved the third day of March, one thousand eight hundred and seventeen, entitled "An act to establish a separate territorial government for the eastern part of the Mississippi territory." § 1. Be it enacted, &c. That the judicial power of the judges Alabama ex- of the Alabama territory, appointed, or hereafter to be appointtended to all ed, under the authority of the government of the United States, the territory. shall extend as well to any other county or counties which have been, or may be, found within the limits of said territory, as to those which are specially mentioned and named in the act, en to be holden titled "An act to establish a separate territorial government for the eastern part of the Mississippi territory," approved March the third, one thousand eight hundred and seventeen. And that Superior court in such county or counties, superior courts shall be holden by in all the said judges in the like manner, and with the like powers and ju- counties alike. risdiction, as the superior courts are now directed by law to be holden in the counties specially mentioned, as aforesaid, in the act aforesaid. And the powers of the general court of the said Powers of geterritory shall extend to all cases of admiralty and maritime ju- &c. risdiction: And their judgments or decrees in such cases shall be Subject to appeals to the subject to appeals to the supreme court of the United States, in supreme like manner, and upon the like terms, as appeals in similar cases cours are allowed and prosecuted from the judgments or decrees of the 1773. circuit courts of the United States. neral court, &c. Vol. ii. p. may 2. That the legislature of said territory shall have pow- The legislaer to appoint, change, and regulate, the times and places of hold-regulate the ing the superior courts in each of the counties of said territory, times and places of holdand also to prescribe the number of terms to be holden in each ing the sucounty: Provided, They do not exceed two annually. perior courts, &c. March, 1817, 3. That so much of the said act, approved March the third, Part of the one thousand eight hundred and seventeen, as provides" that no act of 3d judge shall sit more than twice in succession in the same court," repealed. be, and the same is hereby, repealed. Vol. iii. p. 1634. 4. That the secretary of the said territory, judges, members Secretary of of the legislative council, members of the house of representa- the territory, judges, &c. to tives, justices of the peace, and all other officers, civil and mili- take an oath tary, who may not have taken an oath of office, shall, before they or affirmation to support the enter on the duties of their respective offices, take an oath or constitution. affirmation to support the constitution of the United States, and for the faithful discharge of the duties of their office; which oath or affirmation shall be taken before the governor of the said territory, or such person as he shall appoint and direct. [Approved, April 20, 1818.] CHAP. 123. An act to adjust the claims to lots in the town of Vincennes, and for the sale of the land appropriated as a common for the use of the inhabitants of the said town. Oath before the governor, pointed by or person ap him. authorized to If lots are § 1. Be it enacted, &c. That the trustees of the town of Vin- The trustees cennes shall have power, and they are hereby authorized, to ex- of Vincennes amine and adjust all claims to lots in the town of Vincennes; adjust claims, and if, upon an accurate survey, it shall be found that there are &c. lots within the precincts of the town to which no individual found, &c. to claims can be substantiated, the same are hereby granted to the which individ inhabitants thereof, to be sold by the trustees, and the money cannot be subarising from the sale to be applied to such public purposes as stantiated, may be agreed upon by a majority of the citizens. And the granted to the said trustees are hereby empowered, in all cases, when they shall inhabitants, confirm claims to lots, to give deeds to the claimants for the The trustees same. ual claims they are &c. may give deeds, &c. 2. That the trustees of the town of Vincennes shall have The trustees power, and they are hereby authorized, to dispose of a tract of empowered to dispose of land containing about five thousand four hundred acres, which, a tract of land, by the fifth section of the act, entitled "An act for granting which, &c. was appropri mon. The tract to be divided into &c. ated as a com- lands to the inhabitants and settlers at Vincennes and the Illinois Vol. i. p. 203. Country, in the territory northwest of the Ohio, and for confirming them in their possessions," passed on the third day of March, one thousand seven hundred and ninety-one, was appropriated as a common, to the use of the inhabitants of the said town: the said tract shall be divided into lots, as the trustees shall direct, lots, and sold, of not more than fifty, nor less than the quantity of five, acres, and shall be sold in the manner, and on the terms, which may by them be deemed most expedient and advantageous. They shall also have power to convey, by complete title, the lots sold to the purchasers; and the proceeds of the lands so disposed of, Or so much thereof as may be necessary for the purpose, shall be applied, under the direction of the said trustees, to the draining of a pond in the vicinity of the town; and the residue of the money arising from the said sales, if any there be, shall be paid over to the trustees of the Vincennes university, and shall, by them, be applied to the benefit of the said university. Trustees empowered to convey, &c. Proceeds to be applied to the draining of a pond. Residue, if any, to Vin cennes university. Trustees to 3. That the said trustees, when they shall have performed report to con- the duties assigned to them under this act, shall make a report thereof to congress. [Approved, April 20, 1818.] gress. Vol. iii. p. 1740. Any importer distilled spir secure the du or give bond in double the amount, without surety. CHAP. 124. An act providing for the deposite of wines and distilled spirits in public ware houses, and for other purposes. § 1. Be it enacted, &c. That it shall be lawful for any importer of wines or of wines or distilled spirits, which may be imported into the its, may either United States at any time after the first day of June next, at his ties, as usual, option, to be determined at the time of making entry therefor, either to secure the duties thereon, on the same terms and stipulations as on other goods, wares, and merchandise, imported, or to give his bond; in double the amount of the duties thereupon, with condition for the payment of the said duties, in twelve calendar months from the date of such bond; which bond shall be accepted by such collector, without surety, upon the terms without surety following, viz: the wines or distilled spirits, for the duties whereof such bond shall be accepted, shall be deposited at the expense and risk of the importer, in such public or other storehouses as may be agreed upon between the importer and the surveyor, or officer of inspection of the revenue, for the port where the said wines or spirits shall be landed and such wines or spirits shall be kept under the joint locks of the inspector and the importer; but no delivery shall be inade of such wines or spirits without a permit in writing, under the hand of the collector and naval officer of the port. Upon bond the wines or spirits must be deposited. Under joint locks, &c. No permit to be given for the removal of the wines or spirits, un less the duties are first paid or secured. 2. That no permit shall be given for the removal of the wines or spirits deposited under the provisions of the foregoing section, unless the duties upon the wines or spirits, for which it shall be required, be first paid or secured, in the manner following, viz: the importer, or his assignee, shall give bond, with one or more surety or sureties, to the satisfaction of the collector, in double the amount of the duties, upon the wines or spirits in each case to be delivered, with condition for the payment of the said duties, at the same credits, to be computed from the date of the permit, as would have been allowed on bonds for the term of credit same articles, if they had not been deposited under the provisions of this act: Provided, That the time to be allowed for the Proviso; the payment of the duties upon any wines or spirits so delivered, or not to extend for any part of such duties, shall not be such as to extend the beyond 12 cacredit beyond the term of twelve calendar months, originally allowed, upon depositing such wines and spirits. lendar months wines or spi amount of du 3. That if the duties on any wines or spirits, deposited un- If the duties der the provisions of this act, shall not have been paid, or secur- within twelve are not paid ed to be paid, in the manner described in the foregoing section, months, the within the term of twelve calendar months from the time of their rits may be importation, it shall be the duty of the collector to cause so much sold, and the of such wines or spirits, as may be necessary, to be sold at pub- ties, &c. relic auction, and, retaining the sum necessary for the payment of tained, &c. the duties which have not been secured or paid, together with the expenses of safe keeping and sale of such wines or spirits, shall return the overplus, if any, to the owner, or to his agent or overplus to lawful representative; and the amount of each bond, taken for &c. the duties on wines or spirits delivered, after being deposited as Amount of the directed by this act, shall be endorsed immediately on the ori- be endorsed ginal bond given by the importer, specifying the articles deliver- on the original, ed and the date of the delivery. the owner, bond, &c. to &c. No drawback they have 4. That no drawback shall be allowed of the duties paid on on wines or any wines or spirits, which shall be imported into the United spirits, unless States after the first day of June next, unless such wines or spi- been depositrits shall have been deposited in public or other stores, under ed, &c." the provisions of this act, and there kept, from their landing to their shipment. moved, forfeit 5. That if any wines, or other spirits, deposited under the Wines or spirits embezzled, provisions of this act, shall be embezzled, or fraudulently hid or or fraudulentremoved, from any store or place wherein they shall have been ly hid or redeposited, they shall be forfeited, and the person or persons so ed; and the embezzling, hiding, or removing, the same, or aiding or assisting ble to pains therein, shall be liable to the same pains and penalties as if such and penalties, wines or spirits had been fraudulently unshipped or landed without payment of duty. offender is lia &c. ties on articles eastern shores equator, &c. 6. That from and after the first day of June next, the bonds Bonds for dufor duties on articles imported by sea, the produce of foreign from foreign places or islands, situated on the eastern shores of America, places on the north of the equator, or in its adjacent seas, bays, and gulfs, salt of America, excepted, shall be payable, one half in six, and one half in nine north of the calendar months; and the bonds for duties on goods, wares, and except salt, merchandise, (other than wine, salt, and teas,) imported from any from any other place than Europe and the West Indies, shall be payable, other place one third in eight, one third in ten, and one third in eighteen, calendar months. [Approved, April 20, 1818.] payable, &c. and West Inthan Europe dies, &c. except, &c. bonds payable, &c. The people of constitution and state RESOLUTION. [No. 1.] Resolution for the admission of the state of Mississippi into the Union. Whereas, in pursuance of an act of congress, passed on the have formed a first day of March, one thousand eight hundred and seventeen, entitled "An act to enable the people of the western part of the government. Mississippi territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states," the people of the said territory did, on the fifteenth day of August, in the present year, by a convention called for that purpose, form for themselves a constitution and state government, which constitution and state government, so formed, is republican, and in conformity to the principles of the articles of compact between the original states and the people and states in the territory northwest of the river Ohio, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven— The state of Mississippi declared to be one of the United States. Resolved, That the state of Mississippi shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever. [Approved, December 10, 1817.] |