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forfeit not ex

dolls.

of any such Mediterranean passport, scaletter, or certificate of terranean registry, he shall forfeit and pay a sum not exceeding five thous- passports, &c. and dollars, to be recovered by action of debt, in the name of ceeding 5,000 the United States, in any court of competent jurisdiction; and, if an officer of the United States, he shall forever thereafter be he becomes rendered incapable of holding any office of trust or profit under incapable of the authority of the United States.

holding an office, &c.

ler to cause

try to be pro

other secret

only to the

2. That it shall be the duty of the comptroller of the trea- The comptrolsury to cause to be provided blank certificates of registry, with blank cerufisuch water and other secret marks as he may direct, which cates of regismarks shall be made known only to the collectors and their de- vided, with puties, and to the consuls or commercial agents of the United water and States; and from and after the thirty-first day of December next, marks, to be no certificate of registry shall be issued, except such as shall made known have been provided and marked as aforesaid; and the ships or collectors, &c. vessels of the United States, which shall have been duly regis- u. States, &c. tered as such, shall be entitled to new certificates of registry entitled to new (gratis) in exchange for their old certificates of registry: And it certificates of shall be the duty of the respective collectors, on the departure ris, &c. to be of any such ship or vessel, after the said thirty-first day of De- issued by the cember, from the district to which such ship or vessel shall belong, to issue a new certificate accordingly, and to retain and deface the former certificate.

Vessels of the

registry gra

collectors, &c.

sold, &c. to be

entitled to the privileges of a vessel of the

United Utates, on her first ar

rival, &c.

the requisites

and a new

§3. That when any ship or vessel, which has been, or which Vessels regisshall be, registered pursuant to any law of the United States, tow, and tered pursuant law, shall, whilst such ship or vessel is without the limits of the United States, be sold or transferred, in whole or in part, to a citizen or citizens of the United States, such ship or vessel, on her first arrival in the United States thereafter, shall be entitled to all the privileges and benefits of a ship or vessel of the United States: Provided, That all the requisites of law, in order to the Proviso; all registry of ships or vessels, shall be complied with, and a new of law to be certificate of registry obtained for such ship or vessel, within complied with, three days from the time at which the master or other person certificate of having the charge or command of such ship or vessel, is requir- registry obtained, &c. ed to make his final report upon her first arrival afterwards, as aforesaid, agreeably to the thirtieth section of the act, passed on the second day of March, one thousand seven hundred and ninety-nine, entitled "An act to regulate the collection of duties on imports and tonnage." And it shall be lawful to pay to the collector of the district within which such ship or vessel may arrive, as aforesaid, the duties imposed by law on the tonnage of The duties imposed by law such ship or vessel at any time within three days from the time on the tonat which the master, or other person having the charge or com- nage, &c. may be paid to the mand of such ship or vessel, is required to make his final report, collector as aforesaid, any thing to the contrary in any former law not- where the veswithstanding: Provided always, That nothing herein contained Proviso; noshall be construed to repeal, or in any wise change, the provi- thing herein to sions, restrictions, or limitations, of any former act or acts, ex- change the cepting so far as the same shall be repugnant to the provisions provisions of of this act.

4. That the power vested to remove disabilities incurred VOL. II.

sel arrives, &c.

repeal or

former acts,

&c.

in the secretary of the treasury, The power under the act to which this is a vested in the 92

1

to remove dis

secretary of supplement, and under the act, entitled "An act for enrolling the treasury. and licensing ships or vessels, to be employed in the coasting abilities, &c. trade and fisheries, and for regulating the same," shall extend to the remission the remission of any foreign duties which shall have been or of foreign du- shall be incurred by reason of such disabilities. [Approved, March 2, 1803.]

to extend to

ties, &c.

Vol. ii. p. 869. CHAP. [74.] An act in addition to and in modification of the propositions contained in the act, entitled "An act to enable the people of the eastern division of the territory northwest of the river Ohio 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, and for other purposes."

The tracts of

ed, in the state

of Ohio, ap

the use of

the U. States,

$ 1. Be it enacted, &c. That the following several tracts of land land describ in the state of Ohio, be, and the same are hereby, appropriated for the use of schools in that state, and shall, together with all the propriated for tracts of land heretofore appropriated for that purpose, be vestschools in that ed in the legislature of that state, in trust for the use aforesaid, state. and for no other use, intent, or purpose, whatever, that is to say: First tract; in First: The following quarter townships, in that tract commonly military tract. called the "United States' military tract," for the use of schools within the same, viz: the first quarter of the third township in the first range, the first quarter of the first township in the fourth range, the fourth quarter of the first township and the third quarter of the fifth township in the fifth range, the second quarter of the third township in the sixth range, the fourth quarter of the second township in the seventh range, the third quarter of the third township in the eighth range, the first quarter of the first township and the first quarter of the third township in the ninth range, the third quarter of the first township in the tenth range, the first and fourth quarters of the third township in the eleventh range, the fourth quarter of the fourth township in the twelfth range, the second and third quarters of the fourth township in the fifteenth range, the third quarter of the seventh township in the sixteenth range, and the first quarter of the sixth township and third quarter of the seventh township in the eighteenth range, being the one thirty-sixth part of the estimated whole amount of lands within that tract. Secondin the Conly: The following quarter townships in the same tract, for necticut Re- the use of schools in that tract commonly called the Connecticut Reserve, viz: the third quarter of the ninth township and the fourth quarter of the tenth township in the first range, the first and second quarters of the ninth township in the secondrange, the second and third quarters of the ninth township in the third range, the first quarter of the ninth township and the fourth quarter of the tenth township in the fourth range, the first quarter of the ninth township in the fifth range, the first and fourth quarters of the ninth township in the sixth range, the first and third quarters of the ninth township in the seventh range, and the fourth quarter of the ninth township in the eighth Third tract; range. Thirdly: So much of that tract commonly called the in the Virgin- « Virginia military reservation," as will amount to one thirtyia military reservation. sixth part of the whole tract, for the use of schools within the

Second tract;

serve.

same, and to be selected by the legislature of the state of Ohio,

one thirty

out of the unlocated lands in that tract, after the warrants issued from the state of Virginia shall have been satisfied; it being, It being underhowever, understood, that the donation is not to exceed the stood, &c. whole amount of the above mentioned residue of such unlocated lands, even if it shall fall short of one thirty-sixth part of the said tract. Fourthly: One thirty-sixth part of all the lands of Fourth tract; the United States lying in the state of Ohio, to which the In- sixth part of dian title has not been extinguished, which may hereafter be all the lands purchased of the Indian tribes by the United States, which thir- Ohio, to which ty-sixth part shall consist of the section No. sixteen, in each the Indian title township, if the said land shall be surveyed in townships of six extinguished, miles square, and shall, if the lands be surveyed in a different manner, be designated by lots.

in the state of

has not been

&c.

ry, from time

of the nett

a person au

Ohio to re

laying out

2. That the secretary of the treasury shall, from time to The secretary time, and whenever the quarterly accounts of the receivers of of the treasu public moneys of the several land offices shall be settled, pay to time, &c. to three per cent. of the nett proceeds of the lands of the United pay 3 per cent. States, lying within the state of Ohio, which, since the thirtieth proceeds of the day of June last, have been, or hereafter may be, sold by the lands, &c. to United States, after deducting all expenses incidental to the thorized by the same, to such person or persons as may be authorized by the legislature of legislature of the said state to receive the same, which sums, ceive it, to be thus paid, shall be applied to the laying out, opening, and mak- applied to the ing roads, within the said state, and to no other purpose what- roads, &c. ever; and an annual account of the application of the same shall be transmitted to the secretary of the treasury, by such officer of the state as the legislature thereof shall direct and The payments it is hereby declared, that the payments thus to be made, as ations declarand appropriwell as the several appropriations for schools made by the pre- ed to be in ceding section, are in conformity with, and in consideration of, of the condithe conditions agreed on by the state of Ohio, by the ordinance tions agreed of the convention of the said state, bearing date the twenty-on, &c. ninth day of November last.

consideration

3. That the sections of land heretofore promised for the use The sections ofland promof schools, in lieu of such of the sections, No. 16, as have been ised for otherwise disposed of, shall be selected by the secretary of the schools in lieu, treasury, out of the unappropriated reserved sections, in the lected by the most contiguous townships.

&c. to be se

secretary, &c.

so as to make

be located un

tion of the le

4. That one complete township, in the state of Ohio, and One complete district of Cincinnati, or so much of any one complete town- township, &c. ship, within the same, as may then remain unsold, together with in the whole as many adjoining sections as shall have been sold in the said 36 sections, to township, so as to make in the whole thirty-six sections, to be dor the direclocated under the direction of the legislature of the said state, gislature of on or before. the first day of October next, with the register of Ohio, &c. and the land office of Cincinnati, be, and the same is hereby, vested ved, &c. for establishing in the legislature of the state of Ohio, for the purpose of estab- an academy, lishing an academy, in lieu of the township already granted for the same purpose, by virtue of the act, entitled "An act autho- Vol. i. p. 247. rizing the grant and conveyance of certain lands to John Cleves Symmes and his associates:" Provided, however, That the same Proviso; the shall revert to the United States, if, within five years after the township to passing of this act, a township shall have been secured for the if, &c.

&c.

revert, &c.

The attorney

rized to locate

and accept

said purpose, within the boundary of the patent, granted by virtue of the above mentioned act, to John Cleves Symmes and his associates.

§ 5. That the attorney general for the time being, be directed general autho- and authorized to locate and accept, from the said John Cleves Symmes and his associates, any one complete township within from John the boundaries of the said patent, so as to secure the same for C. Symmes, &c. a complete the purpose of establishing an academy, in conformity to the township, &c. for an acade- provisions of the said patent, and, in case of noncompliance, to ny, &c. and, take, or direct to be taken, such measures as will compel an in case, &c. to compel an execution of the trust: Provided, however, That John Cleves execution of Symmes and his associates shall be released from the said trust, Proviso; John and the said township shall vest in them, or any of them, in fee simple, upon payment, into the treasury of the United States, of fifteen thousand three hundred and sixty dollars, with interest, from the date of the above mentioned patent to the day of such payment. [Approved, March 3, 1803.]

the trust.

C. Symmes,

&c. to be released on payment, &c.

The secretary

authorized to

for building a

&c. or

CHAP. [78.] An act for erecting a lighthouse at the entrance of Penobscot bay, or any other place in its vicinity, that may be deemed preferable by the secretary of the treasury.

1. Be it enacted, &c. That as soon as a cession shall be of the treasury made by the state of Massachusetts to the United States, of the purchase land, jurisdiction over the land proper for the purpose, the secretary and contract of the treasury be, and he is hereby, authorized to purchase so lighthouse on much land as may be necessary, and provide by contract, to be Whitehead, any approved by the president of the United States, for building a place deemed lighthouse on Whitehead, at the entrance of Penobscot bay, or preferable by the secretary, any place in its vicinity, that may be deemed preferable by the &c. and to secretary of the treasury, and to furnish the same with all newages of the cessary supplies; and also, to agree for the salaries or wages of superintend the persons who may be appointed by the president for the superintendence and care of the same; and that the president be authorized to make the said appointments.

agree for the

ent, &c.

7,000 dolls.

§ 2. That there be appropriated and paid, out of the moneys appropriated arising from imports and tonnage, the sum of seven thousand for the lighthouse, &c. dollars for the purpose of erecting the lighthouse as aforesaid. [Approved, March 3, 1803.]

A district formed from

that of New

ed the district

of Beaufort, &c.

The town of

CHAP. [79.] An act to make Beaufort and Passamaquoddy ports of entry and delivery; to make Easton and Tiverton ports of delivery; and to authorize the establishment of a new collection district on lake Ontario.

1. Be it enacted, &c. That, from and after the last day of June next, a district shall be formed from the district of Newbern, and call- bern, in North Carolina, to be called the district of Beaufort, which shall include the town of Beaufort, and all the water and shore north and east of the said town, to Harbor Island, and all Beaufort the the water and shore south and west of the said town, to Dog Island, inclusive. And the town of Beaufort shall be the sole port of entry and delivery for the said district; and a collector for the said port shall be appointed, to reside and keep his office at the said town of Beaufort, who shall be entitled to receive, in addifees, &c, a sa- tion to the fees and other emoluments established by law, the lary of 200 annual salary of two hundred dollars.

sole port of entry and delivery, &c.

A collector

to receive, in addition to

dolls.

ports of de

Surveyors; to

2. That, from and after the said thirtieth day of June, Eas- Easton and ton, in the district of Oxford, in the state of Maryland, and Tiv- Tiverton to be erton, in the district of Newport, and state of Rhode Island, shall fivery, &c. be ports of delivery, and a surveyor shall be appointed to each; receive, in adreceive, each of whom shall be entitled to receive, in addition to the fees dition, a salary and emoluments already allowed by law, a salary of two hundred of 200 dolls. dollars per annum.

each.

may establish

and delivery

port of entry

on lake Onta

rio, when pro

per, &c.

3. That it shall be lawful for the president of the United The president States to establish, when it shall appear to him to be proper, in an additional addition to the port of entry and delivery already established on lake Ontario, one other port of entry and delivery on the said lake, or on the waters or rivers emptying therein, and to appoint a collector of the customs, to reside and keep an office thereat. 4. That, from and after the said thirtieth day of June.next, A place, as such place, within the district of Passamaquoddy, in the state of the secretary Massachusetts, as the secretary of the treasury may direct, shall may direct, to be a port of entry and delivery, (at which place the collector be a port of shall reside,) as well for foreign as for vessels of the United States. livery, &c. [Approved, March 3, 1803.]

of the treasury

entry and de

CHAP. [80.] An act regulating the grants of land, and providing for the 'disposal of the Vol. ii. p. 952. lands of the United States south of the state of Tennessee. 965, 1027, 1073.

1867.

representa

tober, 1795,

confirmed in

firmed, unless

&c. was the

§ 1. Be it enacted, &c. That any person or persons, and the Vol. iii. p. legal representatives of any person or persons, who were resi- Persons and dent in the Mississippi territory on the twenty-seventh day of their legal October, in the year one thousand seven hundred and ninety- tives, five, and who had, prior to that day, obtained, either from the resident in the Mississippi ♦ British government of West Florida, or from the Spanish govern- territory on ment, any warrant or order of survey for lands lying within the the 27thsaid territory, to which the Indian title had been extinguished, who had, &c. and which were on that day actually inhabited and cultivated their claims, by such person or persons, or for his or their use, shall be con- &c. firmed in their claims to such lands in the same manner as if their titles had been completed: Provided, however, That no such Proviso; no incomplete title shall be confirmed, unless the person in whose title to be conname such warrant or order of survey had been granted, was, at the person, the time of its date, either the head of a family, or above the age head of a famof twenty-one years. § 2. That to every person, or to the legal representative or not claimed, representatives of every person, who, being either the head of a &c. to be family, or of twenty-one years of age, did, on that day of the granted to year, seventeen hundred and ninety-seven, when the Mississippi inhabiting and territory was finally evacuated by the Spanish troops, actually the day mencultivating on inhabit and cultivate a tract of land in the said territory, not tioned, if heads claimed by virtue either of the preceding section, or of any Bri- 21 years of tish grant, or of the articles of agreement and cession between age, &c. the United States and the state of Georgia, the said tract of land, Proviso; not thus inhabited and cultivated, shall be granted: Provided, how- more than one ever, That not more than one tract shall be thus granted to any tract, to one one person, and the same shall not contain more than six hun- person, &c. dred and forty acres : And provided, also, That this donation shall Proviso; this not be made to any person who claims any other tract of land in to be made to

ily, or, &c. Tracts ofland,

persons, &c.

of families, or

donation not

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