Imágenes de páginas
PDF
EPUB

tled to the same amount as is given by the act to the widows of the militia soldiers who died in service during the late war, viz: four dollars per month.(1)

The second section of the act making further provision for military services during the late war, and for other purposes, approved April sixteenth, one thousand eight hundred and sixteen, and so much of the act to amend the same, approved March third, one thousand eight hundred and seventeen, as relates to the subject of that section, shall be continued in force for the term of three years from and after the passing of this act : Provided, nevertheless, That no pension shall be granted under the said acts, after the sixteenth day of April next, unless, at the time of relinquishing the bounty land, in the manner therein described, the children, for whose benefit the same may be granted, or one of them, shall be under sixteen years of age: And provided also, That the pensions shall commence at the date of the relinquishments respectively.(2)

1349. All soldiers who have been enlisted to serve for five years, or dur. ing the war, and were above the age of forty-five, or under the age of eighteen years, who have faithfully served during the late war, and have been regularly discharged, and the representatives of such soldiers as shall have died, whilst in the service of the United States, and all soldiers who have been enlisted, and have faithfully served during the late war, until they have been promoted to the rank of commissioned officers, who, if they had served during the war under their enlistment, and been regularly discharged, would have been entitled to a bounty in land, shall be entitled to one hundred and sixty, or three hundred and twenty acres of land, according to the term of enlistment; the warrants and patents to issue in the same manner as in the case of soldiers enlisted of proper age, and discharged under similar cir. cumstances.(3)

1350. For the purpose of carrying the provisions of this act into effect, and other acts giving bounty lands to soldiers of the regular army, the president of the United States is hereby authorized to cause to be surveyed and laid off, in one or more surveys, two millions of acres not otherwise appropriated, in addition to the appropriations of lands, by the act of May the sixth, one thousand eight hundred and twelve, (art. 1331,) for designating, surveying, and granting, military bounty lands, according to the provisions of said act.(4)

1351. No transfer of land, granted in virtue of this, or any other law, giving bounties of land to the non-commissioned officers, musicians, and privates, enlisted during the late war, shall be valid, unless the contract or agreement therefor, or letter of attorney, giving power to sell or convey, shall have been executed after the patent shall be issued and delivered to the persons entitled thereto.(5)

1352. When any soldier of the regular army having obtained a military land warrant shall have lost, or shall hereafter lose the same, or the said warrant shall have been or may be by accident destroyed, every such soldier shall, upon proof thereof, to the satisfaction of the secretary of war, be entitled to a patent in like manner as if the said warrant was produced.(6)

1353. In all cases of discharges from the military service of the United States of any soldier of the regular army, when it shall appear to the satisfaction of the secretary of war, that a certificate of faithful services has been omitted by the neglect of the discharging officer, by misconstruction of

(1) Act 3d March, 1817, sec. 6.
(2) Act March 3, 1819.
(3) Act 16th April, 1816, sec. 3.

(4) Ibid. sec. 4.
(5) Ibid. sec. 5.
(6) Act 27th April, 1816, sec. 1.

the law, or by any other neglect or casualty, such omission shall not prevent the issuing of the warrant and patent as in other cases. And when it shall be proven as aforesaid, that any soldier of the regular army has lost his discharge and certificate of faithful service, the secretary of war shall cause such papers to be furnished such soldier of the regular army, as will entitle him to his land warrant and patent : Provided, Such measure be justified by the time of his enlistment, the period of service, and the report of some officer of the corps to which he was attached (1)

1354. So much of the “ Act to provide for designating, surveying, and granting the military bounty lands,” approved the sixth day of May, one thousand eight hundred and twelve, (art. 1331, &c.) as authorizes the president of the United States to cause to be surveyed two millions of acres of the lands of the United States, in the territory of Michigan, for the purpose of satisfying the bounties of land promised to the noncommissioned officers and soldiers of the United States, is hereby repealed; and in lieu of the said two millions of acres of land, the president of the United States is hereby authorized to cause to be surveyed, of the lands of the United States fit for cultivation, not otherwise appropriated, and to which the Indian title is extinguished, one million five hundred thousand acres in the Illinois territory, and five hundred thousand acres in the Missouri territory, north of the river Missouri; the said lands shall be divided into townships, and subdivided into sections and quarter sections ; (each quarter section to contain, as near as possible, one hundred and sixty acres,) in the manner prescribed by law for surveying and subdividing the other lands of the United States; and the lands thus surveyed, with the exception of the salt springs and lead mines therein, and of the quantities of land adjacent thereto, as may be reserved for the use of the same by the president of the United States, and the section number sixteen in every township, to be granted to the inhabitants of such township for the use of public schools, shall, according to the provisions of the above recited act, be set apart for the purpose of satisfying the bounties of land promised to the non-commissioned officers and soldiers of the late army of the United States, their heirs and legal representatives, by the act, entitled, “An act for completing the existing military establishment," approved the twenty-fourth day of December, one thousand eight hundred and eleven, (art. 1329,) and by the act, entitled, “An act to raise an additional military force," approved the eleventh day of January, one thousand eight hundred and twelve.(2) (Art. 1330.)

Every person in whose favour any warrant for military land bounty is is. sued, shall be, and is hereby authorized to draw by lot one of the quarter sections surveyed by virtue of this act, and shall obtain a patent therefor, in the same manner, in every respect, as is or shall be provided by law for patents to issue for other military land bounties, or as is provided by the act first above recited for patents to issue for such lands.(3)

1355. Any soldiers in the late war, or their heirs, to whom bounty lands have been patented, or may hereafter be patented, in the territory of Arkan. sas, and which land is unfit for cultivation, and who have removed, or shall hereafter remove to the said territory, with a view to actual settlement on the lands by them drawn, may, in all such cases, where it shall be made to appear, in such manner as the commissioner of the general land office shall direct, to the satisfaction of the register and receiver of the proper district, that the land patented to them is unfit for cultivation, and on the surrender

(1) Act 27th April, 1816, sec. 2. (2) Act 29th April, 1816, sec. 1.

(3) Ibid. sec. 2.

of the patent to them granted, accompanied with such a release of their interest as the commissioner of the general land office shall prescribe, such soldier, or his heirs, may locate and enter with the register of the land office, for the proper district, in the territory of Arkansas, according to the sectional and divisional lines, the like quantity on any of the unappropriated public lands in the military district in said territory; and upon such entry and location being made, it shall be the duty of the register to issue to the person so locating, a certificate specifying the quarter or half section of land so located and entered ; and it shall be the duty of the commissioner of the general land office, if he is satisfied such certificate was fairly obtained, to issue a patent for the lands so located, whenever the certificate aforesaid shall be presented to him for that purpose : Provided, That before such certificate of location shall be granted, the applicant shall satisfy the register and receiver that his interest in the land originally patented to him, has not been devested, either by his own acts, or by the operation of law, for taxes, or otherwise. And provided also, That such surrender and re-location shall be made on or before the first day of January, eighteen hundred and thirty. But, if said interest shall have been devested in either mode above mentioned, no title shall be acquired to the land subsequently patented.(1)*

1356. The act, entitled, “An act to allow further time to complete the is. suing and locating of military land warrants," approved the twenty-sixth day of May, one thousand eight hundred and twenty-four, and also the operations of the act approved the twenty-fourth day of February, one thousand eight hundred and nineteen, which, by said act of one thousand eight hun. dred and twenty-four is revived, be, and the said acts are hereby extended and continued in force for the term of five years from and after the twentysixth day of May last.(2)*

(1) Act 22d May, 1826.

(2) Act 27th Jan. 1835.

• The act of 22d May, 1826, was continued in force for five years, from 233 March, 1830, and extended to soldiers having like claims in the states of Illinois and Missouri, by act of the latter date.

33 *

[blocks in formation]

ART. 1357. No goods shall be imported into the United States from any foreign place, except in vessels of the United States, or in such foreign ves. sels as wholly belong to the citizens of that country of which such goods are the growth, production, or manufacture, or from which they can only be, or most usually are, first shipped for transportation.

But this prohibition shall not extend to vessels of any foreign nation which has not adopted, and shall not adopt, a like regulation.(1)

1358. Goods imported into the United States, contrary to the above prohibition, and the vessel importing them, with her cargo, tackle, apparel and furniture, shall be forfeited to the United States ; and may be seized, prosecuted and condemned in like manner, and under the provisions established for the recovery, collection, distribution and remission of forfeitures to the United States, by the revenue laws.(2)

1359. For the privileges granted to foreign vessels to import goods into the United States, and the terms of import, see the treaties in Book V., page 204.

1360. Vessels registered pursuant to law, whilst wholly owned and commanded by citizens of the United States, and no other, except such as are qualified for the coasting trade or fisheries, shall be deemed, and be entitled to the benefits and privileges of, vessels of the United States.(3)

CHAPTER II.

OF THE REGISTRY AND RECORD OF VESSELS.

What vessels may be registered 1361 Vessel built prior to 1789

1363 Vessel owned by citizen abroad- Vessels captured by foreign power 1364 -when

1362

(1) Act 1st March, 1817, sec. 1. (2) Ibid. sec. 2.

(3) Act 31st December, 1792, sec. 1.

ter, &c.

Vessel of non-resident naturalized Oath of owner and master on entry
citizen
1365 of vessel from foreign port

1384 Oath of owners on registry—penalty New register to be granted on reif false

1366 moval, &c. of president or secreOath of master-penalty if false 1367 tary of steam-boat

1385 Oath of other owners

1368 Penalty on fraudulent use of regisMeasurement of vessel-how made,

1386 &c.

1369 Penalty on vessel proceeding on foBond by husband and master-cer. reign voyage without registertificate of registry to be delivered surrender of emolument

1387 up.

1370 Provision for case of lost certificate 1388 Certificate to be cancelled

1371

for case of retention of Bond to be cancelled—when 1372 certificate by former owner 1389 Registry of vessel built since 1792 Vessel transferred to a citizen or

-certifieate of builder-effect of 1373 altered to be registered anew 1390 Registry of steam-boat owned by a Record and certificate of registry to company 1374 be made

1391 Registry of vessel in whale fishery Provision for register of steam-boats -S0 owned

1375 and whale ships owned by incorWhat vessel may be recorded-to poration

1392 be surveyed, &c.

1376 Fees payable under register actsChange of master or name of vessel 1377 how distributed—collector to exCertiñcate of record to be produc

pose table of fees

1393 ed on entry

1378 Penalty for false certificate-taking Registry of vessel-where made

illegal fees-false description of her name and port to be painted 1379 vessel-neglect of duty-false Registry in district where owner swearing—counterfeiting regisdoes not reside 1380 ter, &c.

1394 Transfer of registered vessel to a Penalties—how recovered

1395 foreigner

1381 Proceedings in case of forfeitures 1396 Vessel transferred when out of U.S. Limitation of prosecution

1397 to citizen of U.S.

1382 Officer entitled to share forfeiture Proceedings on change of master 1383 may be witness—when

1398

Art. 1361. Vessels built in the United States, and belonging wholly to a citizen or citizens thereof; vessels not built within the United States, but which on the 16th of May, 1789, belonged, and continue to belong, to such citizen or citizens; vessels captured in war by such citizen or citizens, and condemned as prize; vessels adjudged to be forfeited for breach of the laws of the United States, being wholly owned by such citizen or citizens; and no other, may be registered, as hereinafter directed.(1)*

1362. But no such vessel shall be entitled to registry, or if registered, to the benefits thereof, if owned in whole, or in part, by any citizen usually residing in a foreign country, during such residence, unless he be a consul of the United States, or an agent for, and a partner in, some house of trade, or copartnership, consisting of citizens of, and actually carrying on trade within, the United States.(1)

1363. Nor shall any vessel built within the United States, prior to the 16th May, 1789, not then owned wholly, or in part, by a citizen or citizens, be registered, by virtue of transfer, to a citizen or citizens, made subsequent to 31st December, 1792, unless by way of prize or forfeiture. But this prohibition shall not prevent the registry of a vessel not before registered pursuant to an act of 1789.(1)

(1) Act 31st December, 1792, sec. 2.

Provision was made by Act February 25th, 1804, and by Act 30th March, 1822, for the registry, enrolment and license of vessels, belonging

to inhabitants of Louisiana and Florida respectively. On the presumption that these acts have become ob. solete, they are omitted from the text.

« AnteriorContinuar »