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Public Acts of Congress.

defence. And any person aggrieved by the acts of any collector, in either of the cases aforesaid, may file his petition before the district court of the district wherein the collector resides, stating the facts of his case, and thereupon, after due notice given to the district attorney and the col lector, the said court may summarily hear and adjudge thereupon, as law and justice may require; and the judgment of said court, and the reason and facts whereon it is grounded, shall be filed among the records of said court; and if restoration of the property detained or taken in custody, or permission to load as aforesaid, shall be decreed, it shall be upon the party's giving such bond with sureties as is or shall be required to be taken in similar cases by the collector, and not otherwise; but if the said court shall adjudge against such petition, the collector shall be entitled to treble costs, which shall be taxed for him, and execution awarded accordingly by the court. SEC. 11. And be it further enacted, That it shall be lawful for the President of the United States, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces, or militia, of the United States, or of the territories thereof, as may be judged necessary, in conformity with the provisions of this and other acts respecting the embargo, for the purpose of preventing the illegal departure of any ship or vessel, or of detaining, taking possession of, and keeping in custody any ship or vessel, or of taking into custody and guarding any specie, or articles of domestic growth, produce, or manufacture, and also for the purpose of preventing and suppressing any armed or riotous assemblage of persons, resisting the custom-house officers in the exercise of their duties, or in any manner opposing the execution of the laws laying an em bargo, or otherwise violating, or assisting and abetting violations of the same.

SEC. 12. And be it further enacted, That all penalties and forfeitures incurred by force of this act, unless herein before otherwise directed, and all penalties and forfeitures incurred by force of the act, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," or by virtue of the several acts supplementary thereto, may be prosecuted, sued for, and recovered by action of debt, or by indictment or information. any law, usage, or custom to the contrary notwithstanding; and if recovered in consequence of any seizure made by the commander of any public armed vessel of the United States, shall be distributed according to the rules prescribed by the act, entitled "An act for the government of the Navy of the United States," and if otherwise, shall be distributed, and accounted for in the manner prescribed by 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, and may be mitigated or remitted in the manner prescribed by the act, entitled "An act to provide for mitigating or remitting forfeit ures, penalties, and disabilities accruing in certain cases therein mentioned," passed the third day of

March, one thousand seven hundred and ninetyseven, and made perpetual by an act passed the eleventh of February, one thousand eight hundred; and any officer or other person entitled to a part or share of any of the fines, penalties, or forfeitures aforesaid, may, if necessary, be a witness on the trial, therefor, but in such case he shall not receive any part or share of the said fine. penalty, or forfeiture, but the part or share to which he would otherwise be entitled shall revert to the United States.

SEC. 13. And be it further enacted, That the President of the United States be, and he hereby is, authorized to hire, arm, and employ thirty vessels, not exceeding in tonnage one hundred and thirty tons each, belonging to citizens of the United States, and so many seamen as shall be necessary to man the same, for immediate service, in enforcing the laws of the United States on the seacoast thereof, and to dismiss the same from service, whenever he shall deem the same expedient: Provided, however, That such hiring, arming, and employment, shall not be for a term exceeding one year. And the said ships or vessels, when so hired and armed, shall be employed under the direction of the Secretary of the Trea

sury.

SEC. 14. And be it further enacted, That the powers given to the President of the United States by the seventh section of the act of March the twelfth, one thousand eight hundred and eight, to grant permission to citizens having property of value in places without the jurisdiction of the United States, to dispatch vessels for the same, shall henceforth cease.

act shall be in force from and after the passing SEC. 15. And be it further enacted, That this thereof, during the continuance of the act, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," and no longer.

Approved, January 9, 1809.

An Act to revive and continue in force, for a further

time, the first section of the act, entitled "An act further to protect the commerce and seamen of the United States against the Barbary Powers."

Be it enacted, &c., That so much of the act, passed on the twenty-fifth day of March, one thousand eight hundred and four, entitled "An act further to protect the commerce and seamen of the United States against the Barbary Powers,” as is contained in the first section of the said act, (and which was revived and continued in force, for the time therein mentioned, by an act, entitled "An act to revive and continue in force, for a further time, the first section of the act, entitled "An act further to protect the commerce and seamen of the United States against the Barbary Powers," passed the nineteenth day of January, one thousand eight hundred and eight) be, and the same hereby is, revived and continued in force until the first day of January, one thousand eight hundred and ten: Provided, however, That

Public Acts of Congress.

the additional duty laid by the said section shall
be collected on all such goods, wares, and mer-
chandise, liable to pay the same, as shall have
been imported previous to that day.
Approved, January 10, 1809.

An Act authorizing the proprietors of squares and lots, in the City of Washington, to have the same subdivided and admitted to record.

Be it enacted, &c., That whenever the proprietor of any square or lot, in the City of Washington, shall deem it necessary to subdivide such square or lot into convenient building lots, pieces, or portions, for sale and occupancy, and alleys for their accommodation, he may cause a plat of the same to be made, on which shall be expressed the dimensions and length of all the lines of such portions as are necessary for defining and laying such subdivision under his hand and seal, in the off the same on the ground, and may certify presence of two or more credible witnesses, upon the same plat, or on a paper or parchment at

sions. Whenever, on such admeasurement, the wall of a house previously erected by any proprietor, shall appear to stand on the adjoining lot of any other person in part less than seven inches in width thereon, such wall shall be considered as standing altogether on the land of such proprietor, who shall pay to the owner of the lot on which the wall may stand, a reasonable price for the ground so occupied, to be decided by arbitrators, or a jury, as the parties interested may agree; but if the wall of any house, already erected, cover seven inches or more in width of the adjoining lot, it shall be deemed a party wall, according to the regulations for building in said city, as promulgated by the President of the United States, and the ground so occupied, more than seven inches in width, shall be paid for as above. Which fact the surveyor shall ascertain and certify, and put on record at the request and expense of any shall be the duty of the surveyor to attend, when person interested therein. SEC. 5. And be it further enacted, That it requested, and examine the foundation or walls of any house to be erected, when the same shall be level with the street or surface of the ground, for SEC. 2. And be it further enacted, That, at the purpose of adjusting the line of the front of the request of the said proprietor, the surveyor of such building to the line of the street, and corthe city shall examine whether the lots, pieces, or rectly placing the party wall on the line of divisparcels, into which any square or lot may be sub-ion between that and the adjoining lot; and his divided as aforesaid, agree in dimensions with the whole of the square or lot so intended to be subdivided, and whether the dimensions expressed on the plat of subdivision, be the true dimensions of the part so expressed; and if upon such examination, he shall find the plat correct, he shall certify the same under his hand and seal, with such remarks as appear to him necessary for the fur-say: For examining the plat and calculations of

tached thereto.

ther illustration thereof, and record the said plat, as examined, in a book or books, to be kept by him for that purpose.

certificate of the fact shall be admitted as evidence, and binding on the parties interested.

SEC. 6. And be it further enacted, That the surveyor shall be authorized to receive from the required by this act, the fees following, that is to persons for whom he shall perform the services

half cents for each of the lots or portions into any subdivision of a square or lot, twelve and a which it may be subdivided: Provided, That no more shall be paid for the lots in one square than one dollar and fifty cents; for examining any building and giving the certificate required by the fifth section of this act, and recording the same, one dollar and fifty cents; for recording any division or subdivision of any square or lots, for transcripts from records, and for searches in his office, the same fees that have heretofore been paid to the clerk of the county: Provided, That they do not in any case exceed the fee hereby allowed for examination.

SEC. 3. And be it further enacted, That when such subdivision of any square or lot shall be so certified, examined, and recorded, the purchaser of any part thereof, or any person interested therein, may refer to the said plat and record for description, in the same manner as to squares and lots divided between the Commissioners and original proprietors; and the ways, alleys, or passages, laid out or expressed on such plat of subdivision, shall be and remain to the public, or subject to the uses declared by the person making SEC. 7. And be it further enacted, That all recsuch subdivision, at all times under the same po-ords of the division of squares and lots heretofore lice regulations as the alleys laid off by the Com-made between the public and original proprietors, missioners on division with the proprietors.

SEC. 4. And be it further enacted, That whenever the surveyor of the said city shall lay off any lot therein, or any of the parts into which a square or lot may be subdivided as aforesaid, he shall measure the whole of that front of the square on which such lot or part lies; and if, on such admeasurement, the whole front of the square exceeds or falls short of the aggregate of the fronts of the lots on that side of the square, as the same are recorded, he shall apportion such excess, or deficiency, among the lots or pieces on that front, agreeably to their respective dimen

or which are authorized by this act, shall be kept in the office of the surveyor of the city; and all transcripts therefrom, certified by him, shall be evidence equally valid with certified transcripts from the keeper of the office for recording deeds for the conveyance of land in the county of Washington.

SEC. 8. And be it further enacted, That whenever the President of the United States shall deem it necessary to subdivide any square or lot belonging to the United States, within the City of Washington, which may not have been reserved for public purposes, into convenient build

Public Acts of Congress.

Congress.

Be it enacted, &c., That, after the adjournment of the present session, the next meeting of Congress shall be on the fourth Monday of May next. Approved, January 30, 1809.

ing lots, pieces, or portions, for sale and occu- An Act to alter the time for the next meeting of pancy, and alleys, for their accommodation, he may cause a plat to be made by the surveyor of the city in the manner prescribed in the first section of this act, which plat shall be recorded by the said surveyor, and the provisions of this act shall extend to the lots, pieces, and parcels of ground contained in such plat as fully as to subdivisions made by individual proprietors.

SEC. 9. And be it further enacted, That the surveyor of the City of Washington, before entering upon the discharge of the duties required of him by this act, shall take an oath or affirmation before the mayor of the City of Washington, that he will faithfully and impartially perform the duties herein before required of him. Approved, January 12, 1809.

An Act supplemental to an act, entitled "An act for extending the terms of credit on revenue bonds in certain cases, and for other purposes."

Be it enacted, &c., That the payment of all bonds given, subsequent to the date of the act to which this act is a supplement, for duties on coffee, sugar, pepper, indigo, cocoa, and wine, paying a duty of twenty-three cents per gallon, and which remain unpaid, or for the same articles which may arrive hereafter in any of the ports of the United States, and whilst the act entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," shall continue in force, may be suspended, subject however in all respects to the conditions and provisions made and provided in the act of the tenth of March, one thousand eight hundred and eight, to which this act is a supplement: Provided, That nothing herein contained shall be construed to extend to importations made in vessels dispatched under permissions granted by the President of the United States in pursuance of powers in him vested by the seventh section of the act, entitled "An act in addition to the act entitled 'An act supplementary to the act, entitled 'An act laying an embargo on all ships and vessels in the ports and harbors of the United States."

SEC. 2. And be it further enacted, That if the amount of any bond given for the payment of duties on the importation of coffee, sugar, pepper, indigo, cocoa, or wine, paying a duty of twentythree cents per gallon, made subsequent to the passage of the act to which this is a supplement, and which bond would by virtue of this act have been entitled to an extension of credit, shall have been previously paid, the money so paid shall, by the proper collector, be refunded to the person or persons who shall have paid the same, or to his, her, or their agent or agents, on his or their giving a bond with sureties, in the same manner and on the same terms, conditions, and restrictions, and on a compliance of the person or persons receiving the indulgence hereby granted, with all the provisions of the act to which this is a supplement.

Approved, January 12, 1809.

An Act authorizing the employment of an additional Naval force,

Be it enacted, &c., That, in addition to the frigates now employed in actual service, there be fitted out, officered and manned, as soon as may be, the four following frigates, to wit: the United States, Essex, John Adams, and President; and moreover the President of the United States is hereby authorized and empowered to equip, man, and employ, in actual service, so many of the public armed vessels, now laid up in ordinary, and gunboats, as in his judgment the public service may require; and to cause the frigates, and other armed vessels, when prepared for actual service, respectively, to be stationed at such ports and places on the seacoast as he may deem most expedient, or to cruise on any part of the coast of the United States or the territories thereof.

SEC. 2. And be it further enacted, That, for the purpose of carrying the foregoing provision into immediate effect, the President of the United States be, and he is hereby, authorized and empowered, in addition to the number of petty officers, able seamen, ordinary seamen, and boys, at present authorized by law, to appoint, and cause to be engaged and employed as soon as may be, three hundred midshipmen, three thousand six hundred able seamen, ordinary seamen, and boys, who shall be engaged to serve for a period not exceeding two years; but the President may discharge the same sooner, if in his judgment their service may be dispensed with. And to satisfy the necessary expenditures to be incurred therein, a sum not exceeding four hundred thousand dollars, be, and the same is hereby, appropriated, and shall be paid out of any moneys in the Treasury not otherwise appropriated.

Approved, January 31, 1809.

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Be it enacted, &c., That, from and after the first day of March next, all that part of the Indiana Territory which lies west of the Wabash river, and a direct line drawn from the said Wabash river and Post Vincennes, due north to the territorial line between the United States and Canada, shall, for the purpose of temporary government, constitute a separate Territory, and be called Illinois.

SEC. 2. And be it further enacted, That there shall be established within the said Territory a government in all respects similar to that provided by the ordinance of Congress, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven, for the government of the Territory of the United States Northwest of

Public Acts of Congress.

the river Ohio; and by an act passed on the ties included within the limits of the Territory seventh day of August, one thousand seven hun- of Illinois aforesaid, shall, in all things concerndred and eighty-nine, entitled "An act to provide ing the same, be proceeded on, and judgments for the government of the Territory Northwest and decrees rendered thereon, in the same manof the river Ohio;" and the inhabitants thereof ner as if the said Indiana Territory had remained shall be entitled to, and enjoy all and singular the undivided. rights, privileges, and advantages, granted and secured to the people of the Territory of the United States Northwest of the river Ohio, by the said ordinance.

SEC. 3. And be it further enacted, That the officers for the said Territory, who, by virtue of this act, shall be appointed by the President of the United States, by and with the advice and consent of the Senate, shall respectively exercise the same powers, perform the same duties, and receive for their services the same compensations as by the ordinance aforesaid, and the laws of the United States, have been provided and established for similar officers in the Indiana Territory. And the duties and emoluments of Superintendent of Indian Affairs shall be united with those of Governor: Provided, That the President of the United States shall have full power, in the recess of Congress, to appoint and commission all officers herein authorized, and their commissions shall continue in force until the end of the next session of Congress.

SEC. 7. And be it further enacted, That nothing in this act contained shall be so construed as to prevent the collection of taxes which may, on the first day of March next, be due to the Indiana Territory on lands lying in the said Territory of Illinois.

SEC. 8. And be it further enacted, That until it shall be otherwise ordered by the Legislature of the said Illinois Territory, Kaskaskia, on the Mississippi river, shall be the seat of government for the said Illinois Territory.

Approved, February 3, 1809.

An Act supplementary to the act, entitled "An act to
amend the act, entitled ‘An act establishing Circuit
Courts, and abridging the jurisdiction of the District
Courts of the Districts of Kentucky, Tennessee, and
Ohio."

Be it enacted, &c., That in all actions or suits that were pending in the circuit courts of the United States for the district of Tennessee, estab

SEC. 4. And be it further enacted, That so much lished by an act entitled "An act establishing of the ordinance for the government of the Ter- circuit courts, and abridging the jurisdiction of ritory of the United States Northwest of the the district courts of the districts of Kentucky, Ohio river, as relates to the organization of a Tennessee, and Ohio," in which any judgment General Assembly therein, and prescribes the or decree was rendered, or any sentence passed powers thereof, shall be in force, and operate in previous to the passage of the act, entitled "An the Illinois Territory, whenever satisfactory evi- act to amend the act, entitled 'An act establishdence shall be given to the Governor thereof that ing circuit courts, and abridging the jurisdiction such is the wish of a majority of the freeholders, of the district courts of the districts of Kentucky, notwithstanding there may not be therein five Tennessee, and Ohio," the clerk of the circuit thousand free male inhabitants of the age of court of the United States for the district of East twenty-one years and upwards: Provided, That Tennessee be, and he is hereby, authorized and until there shall be five thousand free male in- directed to issue executions, and all other process habitants of twenty-one years and upwards in necessary for carrying the same into complete said Territory, the whole number of representa-effect, in the same manner as if the said last mentives to the General Assembly shall not be less than seven, nor more than nine, to be apportioned by the Governor to the several counties in the said Territory, agreeably to the number of free males of the age of twenty-one years and up-issue may reside, or his property may be found, wards, which they may respectively contain.

SEC. 5. And be it further enacted, That nothing in this act contained shall be construed so as in any manner to affect the government now in force in the Indiana Territory, further than to prohibit the exercise thereof within the Illinois Territory, from and after the aforesaid first day of March next.

SEC. 6. And be it further enacted, That all suits, process, and proceedings, which, on the first day of March next, shall be pending in the court of any county which shall be included within the said Territory of Illinois, and also all suits, process, and proceedings, which, on the said first day of March next, shall be pending in the general court of the Indiana Territory, in consequence of any writ of removal, or order for trial at bar, and which had been removed from any of the coun

tioned act had not passed; which executions and other process shall be directed to the marshal of either of the districts of East or West Tennessee, in which the party against whom the same shall

who shall execute and return the same in like manner he would have done if the act to which this is a supplement had not passed, and shall receive the same fees as are by law allowed for similar services in other cases.

SEC. 2. And, be it further enacted, That the next session of the district court of the United States, for the district of Kentucky, shall be holden on the second Monday in May next, and that the session of the said court heretofore holden on the first Monday in June, annually, shall thereafter be holden annually on the second Monday in May.

SEC. 3. And be it further enacted, That all writs and process, which shall have been issued, or may hereafter issue, and all recognisances returnable, and all suits and other proceedings of what nature or kind soever, which have been

Public Acts of Congress.

continued to the said district court on the first
Monday in June next, from the last December
term, shall be returned and held continued to the
said second Monday in May next.
Approved, February 4, 1809.

An Act making appropriations to complete the fortifications commenced for the security of the seaport towns and harbors of the United States, and to defray the expense of deepening and extending to the river Mississippi, the canal of Carondelet.

Be it enacted, &c., That, for the purpose of completing the fortifications commenced for the security of the seaport towns and harbors of the United States, and Territories thereof, exclusive of the contemplated line of blocks and chains across the harbor of New York, there be, and hereby is, appropriated the sum of four hundred and fifty thousand dollars, to be paid out of any moneys in the Treasury not otherwise appropriated.

they are hereby, appointed commissioners to open, or cause to be opened, a book for receiving and entering subscriptions for raising a capital stock not exceeding one hundred thousand dollars, in shares of one hundred dollars each, for the purpose of opening the canal to communicate from the Potomac river to the Eastern Branch thereof, through a part of the City of Washington, and that one month's notice be given in one of the newspapers printed in Washington, Georgetown, and Alexandria, of the time and place of opening the said subscription book, and that the same be kept open until the sum of forty thousand dollars be subscribed: Provided, That no subscription shall be received unless the sum of ten dollars be paid into the hands of the persons authorized to receive the same, on each share subscribed for.

SEC. 2. And be it further enacted, That, as soon as the aforesaid sum of forty thousand dollars be subscribed, the said commissioners, or any five of SEC. 2. And be it further enacted, That the Pre- them, shall call a meeting of the stockholders at sident of the United States be, and he is hereby, the City of Washington, by advertisement in one authorized to cause the canal of Carondelet, lead of the newspapers printed in Washington, Georgeing from Lake Pontchartrain, by way of the bayou town, and Alexandria, appointing a fit and conSt. John, to the city of New Orleans, to be ex-venient time and place of meeting; and the said tended to the river Mississippi, and made suffi- stockholders shall proceed in person, or by proxy, ciently deep throughout to admit an easy and safe to the election, by ballot, of a president and six dipassage to gunboats, if, upon survey thereof, he rectors for conducting the undertaking, and manshall be convinced that the same is practicable, aging the business of the company, for and during and will conduce to the more effectual defence of the term of one year from the time of their apsaid city; and that, for the purpose of defraying pointment. the expense thereof, there be and hereby is appropriated the sum of twenty-five thousand dollars, to be paid out of any moneys in the Treasury not otherwise appropriated.

Approved, February 10, 1809.

SEC. 3. And be it further enacted, That the said stockholders and their successors, from the time of the said first meeting, shall be, and they are hereby declared to be, incorporated by the name of the "Washington Canal Company," and by that name may sue and be sued, implead and be impleaded, answer and be answered, and may make all necessary by-laws and regulations for the proper management of the business of the company: Provided, That the same be not contrary to the laws of the United States, or the laws in force in the District of Columbia.

An Act to revive and continue, for a further time, the authority of the Commissioners of Kaskaskia. Be it enacted, &c., That the powers heretofore vested in the register and receiver of public moneys for the district of Kaskaskia be, and the same are hereby revived; and the said register and SEC. 4. And be it further enacted, That the said receiver shall be allowed until the first day of Jan-president and directors shall continue in office one uary next to complete the investigation of claims to land in said district. They shall have full power to revise any of their former decisions, and also the same power and authority in relation to claims to land in the village of Peoria; notices of which have heretofore been filed, as they have in relation to other claims in the said district. And the said register and receiver, and the clerk of the board, shall each be allowed an additional compensation of five hundred dollars, in full for his

year from the time of their election, and the directors may fill any vacancy which may happen in their own body during the term for which they were elected; and in case of the death, resignation, or disqualification, of the president, they may elect a president to serve for the residue of the term. And the said stockholders, in one year after the day on which the election of president and directors shall be first made, and on the same day in every year thereafter, (except the same shall happen on Sunday, in that case on the day succeeding,) shall elect, by ballot, from among the stockholders, one person as president, and six persons as directors; and the president and directors, for the time being, shall give public notice in one of the newspapers printed in Washington, Be it enacted, &c., That Robert Brent, Samuel Georgetown, and Alexandria, for a new election, N. Smallwood, Daniel Carroll of Duddington, at least ten days previous to the expiration of the John Law, William Brent, Frederick May, Elias time for which they were elected; and each stockB. Caldwell, James D. Barry, Griffith Coombe, holder shall be allowed one vote for every share and George Blagden, or any five of them, be, and I by him or her held at the time in said company;

services in relation to such claims. Approved, February 15, 1809.

An Act to incorporate a company for opening the canal in the City of Washington.

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