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location on
tracts pre-

office: Provided, That no locations as aforesaid, in virtue of this Proviso; no
or the preceding section of this act, shall be made on tracts of
lands for which patents had previously been issued, or which had viously pa-
been previously surveyed; and any patent which may, neverthe-veyed.
less, be obtained for land located contrary to the provisions of
this act, shall be considered null and void. [Approved, Februa-
ry 9, 1821.]

tented or sur

CHAP. 150. An act for the relief of the purchasers of public lands prior to the first day of Vol. iii. p.
July, eighteen hundred and twenty.

1743. 1774.
1839. 1926.

not wholly

part relin

1. Be it enacted, &c. That, in all cases where lands have 1941. 1969. 2021. Vol. iv. p. been purchased from the United States, prior to the first day of July, eighteen hundred and twenty, it shall be lawful for any 2128. 2307. Lands purchased prior to such purchaser, or other person or persons, being the legal holder of any certificate or certificates of land, on or before the thir- 1st July, 1820, tieth day of September, eighteen hundred and twenty-one, to paid for, &c. file, with the register of the land office where any tract of land has been purchased, a relinquishment, in writing, of any section, half section, quarter section, half quarter section, or legal subdivision of any fractional section, of land so purchased, upon which the whole purchase money has not been paid, and all sums paid on account of the part relinquished shall be applied Sums paid on to the discharge of any instalments which may be, or shall here- account of the after become, due and payable upon such land, so purchased, as quished to be applied to shall not have been relinquished, and shall be so applied and discharge incredited as to complete the payment on some one or more half stalments due quarter sections where the payments by transfer are sufficient relinquished. for that purpose: Provided, That all divisions and subdivisions, Proviso; divicontemplated by this act, shall be made in conformity with the sions to be first section of an act making further provision for the sale of to act of 24th public lands, passed the twenty-fourth day of April, one thous- April, 1820. and eight hundred and twenty: And provided also, That the ch. 49. right of relinquishment hereby given shall, in no case, authorize Proviso; no the party relinquishing to claim any repayment from the United from the U.S. States: And provided also, That where any purchaser has pur-purchasers of chased, at the same time, two or more quarter sections, he shall two or more not be permitted to relinquish less than a quarter section.

on lands not

conformable

Act of 1820,

repayment

Proviso ;

quarter sections.

30th Sept.

mitted.

ed into three

2. That the interest which shall have accrued before the Interest acthirtieth day of September next, upon any debt [due] to the United gued before States, for public land, shall be, and the same is hereby, remit- 1821, reted and discharged. § 3. That the persons indebted to the United States, as afore- Debtors dividsaid, shall be divided into three classes; the first class to include classes. all such persons as shall have paid to the United States only one First class. fourth part of the original price of the land by them respectively purchased or held; the second class to include all such per- Second class. sons as shall have paid to the United States only one half part of such original price; and the third class to include all such Third class. persons as shall have paid to the United States three fourth parts of such original price; and the debts of the persons included in Payment of the first class shall be paid in eight equal annual instalments; the respective the debts of the persons included in the second class shall be classes, in inpaid in six equal annual instalments; and the debts of the per

the debts by

stalments.

ing the first instalment.

sons included in the third class shall be paid in four equal annuTimes of pay- al instalments; the first of which instalments, in each of the classes aforesaid, shall be paid in manner following, to wit: of the third class, on the thirtieth day of September next; of the second class, on the thirty-first day of December next; and of the first class, on the thirty-first day of March, one thousand Debt to bear eight hundred and twenty-two; and the whole of the debt afore6 per cent. per said shall bear an equal annual interest at the rate of six per cent. Provided always, That the same shall be remitted upon each and every of the instalments aforesaid which shall be punctually paid when the same shall become payable as aforesaid.

an interest of

ann.

Proviso ; interest remitted, &c. Deduction of 37 1-2 per

cent. on pay

ment of the whole sum due

by 30th Sept.

1822.

Proviso; no

payments

made by transfer, &c. Those who

have laid off the whole of the lots where

towns, part or

of have been

sold, are entitled to the be

4. That in all cases where complete payment of the whole sum due, or which may become due, for any tract of land purchased from the United States as aforesaid, shall be made on or before the thirtieth day of September, one thousand eight hundred and twenty-two, a deduction, at the rate of thirty-seven and a half per centum, shall be allowed upon the sum remaining unpaid: Provided, That nothing herein contained shall authordiscount upon ize any discount upon payments made by a transfer of former payments under the provisions of the first section of this act. 5. That each and every individual or company that has laid off, on any lands by him or them purchased of the United States, any town, a part or the whole of the lots whereof have been sold, shall be entitled to the benefits of this act in relation to any half quarter, or quarter, section of land, on which such town may be situated, and of all land by him or them owned, contiguous to and adjoining said half quarter, quarter section, or section, on which said town is situated, upon condition only, that each and every person who has purchased of him, or them, a town lot, or part of a lot, or land in and adjoining the same, shall be entitled to a remission of all interest that has accrued, and to a discount of twenty per centum on the amount unpaid, and to discharge their debt by bonds, with security, in equal annual instalments of four years, from the thirtieth day of December next. Nor shall the provisions of this act be construed to extend to any person or persons claiming title to land under the provisions of an act passed the third day of March, one thousand eight hundred and seventeen, entitled "An act to set apart and dispose of certain public lands for the encouragement of the cultivation of the vine and olive."

nefits of this act

On condition

of a remission

of interest, and
a discount of
20 per cent.
to the pur-
chasers of
them, &c.

The provis

ions of this act

not to extend 10 persons

claiming title,

&c.

The lands are forfeited on

three months

6. That, for failure to pay the several debts aforesaid, in failure to pay, manner aforesaid, and for the term of three months after the day ter the time appointed for the payment of the last instalment thereof, in each for paying the of the classes aforesaid, the land so purchased or held by the respective persons indebted to the United States as aforesaid, shall, ipso facto, become forfeited, and revert to the United States.

last instal

ment.

entitled to the

No person is § 7. That no person shall be deemed to be included within, benefit of this or entitled to, the benefit of any of the provisions of this act, who act, who does shall not, on or before the thirtieth day of September next, sign, written con- and file in the office of the register of the land office of the dis

not file his

sent, &c.

trict where the land was purchased, or where the residue of the purchase money is payable, a declaration in writing, expressing

his consent to the same; and shall pay to the register, for re- 50 cents to the ceiving, recording, and filing, the same, fifty cents.

ters and re

faithful ac

made to the

register, &c. 8. That it shall be, and hereby is made, the duty of the se- Duty of regisveral registers and receivers of the land offices of the United ceivers to States, according to the forms and instructions which shall be keep full and given in that behalf by the treasury department, to assist in car- counts and rerying this act in execution, to keep full and faithful accounts cords, &c. and records of all proceedings under the same; and, within the Report to be term of three months after the said thirtieth day of September treasury denext, to transmit to the said department a correct report of the partment, &c. quantity of land relinquished to the United States; the quantity on which full payment shall have been made; and the quantity on which a further credit shall have been given, distinguishing the amount of the debt on which further credit shall have been allowed; and the registers and receivers, respectively, shall be 50 cents to registers, &c. for entitled to receive fifty cents from the party relinquishing, for every half each half quarter section, quarter section, half section, section, on, &c. reor legal subdivision of a fractional section, so relinquished. linquished.

tion,

chased, &c.

forfeited be

§ 9. That no lands purchased from the United States on or be- No lands purfore the first day of July, eighteen hundred and twenty, which not already are not already forfeited, shall be considered as forfeited to the forfeited, to be government, for failure in completing the payment thereon, un- fore 30th Sept. til the said thirtieth day of September next; and all the lands 1821. which shall be relinquished to the United States, as aforesaid, Lands relinshall be deemed and held to be forfeited, and, with all other deemed forlands which may become forfeited under this act, shall be sold Vol. iii. p. feited, &c. according to the provisions of the act, entitled "An act making 1774. further provision for the sale of the public lands," passed the twenty-fourth day of April, eighteen hundred and twenty.

dered not to be

$10. That no land which shall be surrendered under the pro- Lands surrenvisions of this act, shall be offered for sale for the term of two sold for two years after the surrender thereof. [Approved, March 2, 1821.] years after CHAP. 151. An act to reduce and fix the military peace establishment of the United Vol. iii. p. States. 1574. 1671. 1786.

surrender.

lishment, after

§ 1. Be it enacted, &c. That, from and after the first day of Military June next, the military peace establishment of the United States peace estabshall be composed of four regiments of artillery, and seven regi- 1st June, 1821. ments of infantry, with such officers of engineers, of ordnance, and of the staff, as are hereinafter provided for.

Vol. iv. p.

ry.

§ 2. That each regiment of artillery shall consist of one colo- Artillery. nel, one lieutenant colonel, one major, one sergeant major, one 2263. quartermaster sergeant, and nine companies, one of which shall be designated and equipped as light artillery; and that there Light artilleshall be attached to each regiment of artillery one supernumer- A supernume ary captain to perform ordnance duty; and that each company rary captain shall consist of one captain, two first lieutenants, two second for ordnance lieutenants, four sergeants, four corporals, three artificers, two musicians, and forty-two privates. That each regiment of in- Infantry. fantry shall consist of one colonel, one lieutenant colonel, one major, one sergeant major, one quartermaster sergeant, two principal musicians, and ten companies; each of which shall consist of one captam, one first lieutenant, one second lieutenant, three

duty.

Adjutant to each regiment.

sergeants, four corporals, two musicians, and forty-two privates; and that to each regiment of artillery and infantry there shall be one adjutant, who shall be taken from the subalterns of the line. Engineers re3. That the corps of engineers, (bombardiers excepted,) and tained-ex- the topographical engineers, and their assistants, shall be retained in service as at present organized.

cept bombar. diers.

cers to per

Ordnance de- 4. That the ordnance department shall be merged in the partment, & artillery; and that the president of the United States be, and he Artillery offiis hereby, authorized to select, from the regiments of artillery, form ordnance such officers as may be necessary to perform ordnance duties, who, while so detached, shall receive the pay and emoluments Enlisted men now received by ordnance officers, and shall be subject only to of ordnance the orders of the war department; and that the number of enlisted men in the ordnance department be reduced to fifty-six.

duties, &c.

pepartment

reduced.
One major ge-
neral, with

5. That there shall be one major general, with two aids-detwo aids, and camp; two brigadier generals, each with one aid-de-camp; and two brigadiers, that the aids-de-camp be taken from the subalterns of the line, and, in addition to their other duties, shall perform the duties of subalterns of assistant adjutant general.

&c.

Aids from

the line.

$6. That there shall be one adjutant general, and two ins One adjutant spectors general, with the rank, pay, and emoluments, of colospectors gene- nels of cavalry.

and two in

&c.

A quarter

ral with rank, 7. That there shall be one quartermaster general; that there shall be two quartermasters, with the rank, pay, and emolmaster gene- uments, of majors of cavalry; and ten assistant quartermasters, who shall, in addition to their pay in the line, receive a sum not less than ten dollars, nor more than twenty dollars, per month, to be regulated by the secretary of war.

ral.

Two quartermasters. Ten assisiant quartermasters, with additional pay.

8. That there shall be one commissary general of subsistence; and that there shall be as many assistant commissaries as A commissary the service may require, not exceeding fifty, who shall be taken general of subsistence, from the subalterns of the line, and shall, in addition to their pay commissaries. in the line, receive a sum not less than ten, nor more than twen ty, dollars per month; and that the assistant quartermasters, and assistant commissaries of subsistence, shall be subject to duties in both departments, under the orders of the secretary of war.

and assistant

Vol. iv. p. 2170.

A paymaster 9. That there shall be one paymaster general, with the pregeneral and sent compensation, and fourteen paymasters, with the pay and fourteen pay emoluments of regimental paymasters; and that there shall be Commissary one commissary of purchases, and two military storekeepers, to of purchases. be attached to the purchasing department.

masters.

Military

store-keepers. A surgeon general.

Eight surgeons.

45 assistant

surgeons.

Rank, pay, &c. except

$10. That the medical department shall consist of one surgeon general, eight surgeons, with the compensation of regimental surgeons, and forty-five assistant surgeons, with the compensation of post surgeons.

§ 11. That the officers, noncommissioned officers, artificers, musicians, and privates, retained by this act, except those spewhere there is cially provided for, shall have the same rank, pay, and emoluspecial provision, &c. ments, as are provided, in like cases, by existing laws; and that The force the force authorized and continued in service under this act, shall be subject to the rules and articles of war. ticles of war. $12. That the president of the United States cause to be arThe president ranged the officers, noncommissioned officers, artificers, musi

continued,

subject to rules and ar

to cause the

cians, and privates, of the several corps now in the service of the force retained United States, in such manner as to form and complete, out of to be formed and completthe same, the force authorized by this act, and cause the super- ed out of the numerary officers, noncommissioned officers, artificers, musicians, cervice. and privates, to be discharged from the service of the United SupernumeraStates.

corps now in

ries to be dis

charged.

pay additional

13. That there shall be allowed and paid to each commis- Three months' sioned officer who shall be discharged from the service of the to the comUnited States in pursuance of this act, three months' pay, in ad- missioned offi dition to the pay and emoluments to which he may be entitled ed in pursuby law at the time of his discharge.

cers discharg

ance of this

act.

General regu

14. That the system of "general regulations for the army," Vol. iii. p. compiled by major general Scott, shall be, and the same is here- 1852. by, approved and adopted for the government of the army of the lations, approUnited States, and of the militia when in the service of the Unit- ved and adoped States. Approved, March 2, 1821.]

ted for the army, and of the militia, &c.

CHAP. 152. An act further to regulate the entry of merchandise imported into the United Vol. iii. p. States from any adjacent territory.

1926.

United States

the cargo or

nearest collec

be verified by

Substance of

1. Be it enacted, &c. That it shall be the duty of the master Persons comof any vessel, except registered vessels, and of every person hav- ing into the ing charge of any boat, canoe, or raft, and of the conductor or from adjacent driver of any carriage or sleigh, and of every other person com- ry, with merforeign territoing from any foreign territory adjacent to the United States into chandise subthe United States, with merchandise subject to duty, to deliver, are to deliver ject to duty, immediately on his or her arrival within the United States, a manifests, of manifest of the cargo or loading of such vessel, boat, canoe, raft, loading, carriage, or sleigh, or of the merchandise so brought from such office of the foreign territory, at the office of any collector or deputy collect- tor, &c. or which shall be nearest to the boundary line, or nearest to the road or waters by which such merchandise is brought; and eve- Manifests to ry such manifest shall be verified by the oath of such person de- oath, before livering the same; which oath shall be taken before such col- the collector. lector or deputy collector; and such oath shall state that such the oath. manifest contains a full, just, and true, account of the kinds, quantities, and values, of all the merchandise so brought from such foreign territory; and, if the master, or other person hav- Merchandise, ing charge of such vessel, boat, canoe, or raft, or the conductor riage, &c. foror driver of such carriage or sleigh, or other person, bringing feited for neg merchandise as aforesaid, shall neglect or refuse to deliver the to deliver manifest herein required, or pass by, or avoid, such office, the manifest. merchandise subject to duty, and so imported, shall be forfeited to the United States, together with the vessel, boat, canoe, or raft, the tackle, apparel, and furniture, of the same, or the carriage or sleigh, and harness and cattle, drawing the same, or the horses, with their saddles and bridles, as the case may be; and Master, &c. such master, conductor, or other importer, shall be subject to penalty of 400 pay a penalty of four hundred dollars.

vessel, car

lect or refusal

dolls.

ized to require

2. That any deputy collector, stationed in any district of Deputy colthe customs contiguous to a foreign territory, to whom a mani- lector authorfest of merchandise, subject to duty, shall be delivered as afore- the payment said, is hereby authorized to require of the importer of such mer- of the dutieschandise the payment of the duties thereon, or good and ample rity by bond,

Or good secu

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