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Public Acts of Congress.
defence. And any person aggrieved by the acts March, one thousand seven hundred and ninetyof any collector, in either of the cases aforesaid, seven, and made perpetual by an act passed the may file his petition before the district court of eleventh of February, one thousand eight hunthe district wherein the collector resides, stating dred; and any officer or other person entitled to the facts of his case, and thereupon, after due no a part or share of any of the lines, penalties, or tice given to the district attorney and the col- forfeitures aforesaid, may, if necessary, be a witlector, the said court may summarily hear and ness on the trial, therefor, but in such case he adjudge thereupon, as law and justice may re- shall not receive any part or share of the said quire; and the judgment of said court, and the fine, penalty, or forfeiture, but the part or share reason and facts whereon it is grounded, shall be to which he would otherwise be entitled shall filed among the records of said court; and if res- revert to the United States. toration of the property detained or taken in cus Sec. 13. And be it further enacted, That the tody, or permission to load as aforesaid, shall be President of the United States be, and he hereby decreed, it shall be upon the party's giving such is, authorized to hire, arm, and employ thirty ves. bond with sureties as is or shall be required to be sels, not exceeding in tonnage one hundred and taken in similar cases by the collector, and not thirty tons each, belonging to citizens of the Uniotherwise; but if the said court shall adjudge ted States, and so many seamen as shall be necesagainst such petition, the collector shall be enti- sary to man the same, for immediate service, in tled to treble costs, which shall be taxed for him, enforcing the laws of the United States on the and execution awarded accordingly by the court
. seacoast thereof, and to dismiss the same from Sec. 11. And be it further enacted, That it shall service, whenever he shall deem the same expebe lawful for the President of the United States, dient: Provider, however, That such hiring, armor such other person as he shall have empowered ing, and employment, shall not be for a term for that purpose, to employ such part of the land exceeding one year. And the said ships or ves. or naval forces, or militia, of the United States, sels, when so hited and armed, shall be employed or of the territories thereof, as may be judged ne under the direction of the Secretary of the Treacessary, in conformity with the provisions of this sury. and other acts respecting the embargo, for the Sec. 14. And be it further enacted, that the purpose of preventing the illegal departure of any powers given to the President of the United ship or vessel, or of detaining, taking possession States by the seventh section of the act of March of, and keeping in custody any ship or vessel, or the twelfth, one thousand eight hundred and eight; of taking into custody and guarding any specie, to grant permission to citizens having property of or articles of domestic growth, produce, or man- value in places without the jurisdiction of the ufacture, and also for the purpose of preventing United States, to dispatch vessels for the same, and suppressing any armed or riotous assemblage shall henceforth cease. of persons, resisting the custom-house officers in the exercise of their duties, or in any manner op act shall be in force from and after the passing
Sec. 15. And be it further enacted, That this posing the execution of the laws laying an em, thereof, during the continuance of the act, enti; bargo, or otherwise violating, or assisting and tled “An act laying an embargo on all ships and abetting violations of the same.
Sec. 12. And be it further enacted, That all vessels in the ports and harbors of the United penalties and forfeitures incurred by force of this States," and no longer. act, unless herein before otherwise directed, and
Approved, January 9, 1809. 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 An Act to revive and continue in force, for a further the United States," or by virtue of the several
time, the first section of the act, entitled “An act acts supplementary thereto, may be prosecuted,
further to protect the commerce and seamen of the sued for, and recovered by action of debt, or by
United States against the Barbary Powers." indictment or information, any law, usage, or cus Be it enacted, fc., That so much of the act, tom to the contrary notwithstanding; and if re- passed on the twenty-fifth day of March, one thoucovered in consequence of any seizure made by sand eight hundred and four, entitled * An act the commander of any public armed vessel of the further to protect the commerce and seamen of United States, shall be distributed according to the United States against the Barbary Powers," the rules prescribed by the act, entitled " An act as is contained in the first section of the said act, for the government of the Navy of the United (and which was revived and continued in force, States," and if otherwise, shall be distributed, and for the time therein mentioned, by an aci, entiaccounted for in the manner prescribed by the tled "An act to revive and continue in force, for act, entitled "An act to regulate the collection of a further time, the first section of the act, entitled duties on imports and tonnage," passed the second "An act further to protect the commerce and day of March, one thousand seven hundred and seamen of the United States against the Barbary ninety-nine, and may be mitigated or remitted in Powers," passed the nineteenth day of January, the manner prescribed by the act, entitled “An one thousand eight hundred and eight) be, and act to provide for mitigating or remitting forfeit- the same hereby is, revived and continued in ures, penalties, and disabilities accruing in certain force until the first day of January, one thousand cases therein mentioned," passed the third day of eight hundred and ten: Provided, however, That
Public Acts of Congress.
the additional duty laid by the said section shall sions. Whenever, on such admeasurement, the be collected on all such goods, wares, and mer. wall of a house previously erected by any prochandise, liable to pay the same, as shall bave prietor, shall appear to stand on the adjoining lot been imported previous to that day.
of any other person in part less than seven inches Approved, January 10, 1809.
in width thereon, such wall shall be considered as standing altogether on the land of such proprie
tor, who shall pay to the owner of the lot on An Act authorizing the proprietors of squares and lots, which the wall may stand, a reasonable price for
in the City of Washington, to have the same subdi- the ground so occupied, to be decided by arbitravided and admitted to record.
tors, or a jury, as the parties interested may agree; Be it enacted, fc., That whenever the proprie- but if the wall of any house, already erected, cover tor of any square or lot, in the City of Washing- seven inches or more in width
of the adjoining ton, shall deem it necessary to subdivide such lot, it shall be deemed a party wall, according to square or lot into convenient building lots, pieces,
the regulations for building in said city, as proor portions, for sale and occupancy, and alleys for mulgated by the President of the United States, their accommodation, he may cause a plat of the and the ground so occupied, more than seven insame to be made, on which shall be expressed the ches in width, shall be paid for as above. Which dimensions and length of all the lines of such fact the surveyor shall ascertain and certify, and portions as are necessary for defining and laying put on record at the request and expense of any off the same on the ground, and may certify person interested therein. such subdivision under his hand and seal, in the shall be the duty of the surveyor to attend, when
Sec. 5. And be it further enacted, That it presence of two or more credible witnesses, upon ihe same plat, or on a paper or parchment at- requested, and examine the foundation or walls of tached thereto.
any house to be erected, when the same shall be Sec. 2. And be it further enacted, That, at the purpose of adjusting the line of the front of
level with the street or surface of the ground, for 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 parcels, into which any square or lot may be sub-ion between that and the adjoining lot; and his
rectly placing the party wall on the line of divisdivided as aforesaid, agree in dimensions with the whole of the square or lot so intended to be sub certificate of the fact shall be admitted as evidivided, and whether the dimensions expressed
dence, and binding on the parties interested.
Sec. 6. And be it further enacted, That the on the plat of subdivision, be the true dimensions of the part so expressed ; and if upon such exami- surveyor, shall be authorized to receive from the nation, he shall find the plat correct, he shall cer
persons for whom he shall perform the services tify the same under his hand and seal, with such required by this act, the fees following, that is to remarks as appear to him necessary for the fur- say: For examining the plat and calculations of ther illustration thereof, and record the said plat, half cents for each of the lots or portions into
any subdivision of a square or lot, twelve and a as examined, in a book or books, to be kept by which it may be subdivided : Provided, That no him for that purpose.
more shall be paid for the lots in one square than Sec. 3. And be it further enacted, That when one dollar and fifty cents; for examining any such subdivision of any square or lot shall be so building and giving the certificate required by certified, examined, and recorded, the purchaser the fifth section of this act, and recording the of any part thereof, or any person interested same, one dollar and fifty cents; for recording any therein, may refer to the said plat and record for division or subdivision of any square or lots, for description, in the same manner as to squares and transcripts from records, and for searches in his lots divided between the Commissioners and ori- office, the same fees that have heretofore been ginal proprietors; and the ways, alleys, or passa- paid to the clerk of the county: Provided, That ges, laid out or expressed on such plat of subdi- they do not in any case exceed the fee hereby vision, shall be and remain to the public, or sub- allowed for examination. ject 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. or which are authorized by this act, shall be kept
Sec. 4. And be it further enacted, That when in the office of the surveyor of the city; and all ever the surveyor of the said city shall lay off any transcripts therefrom, certified by him, shall be lot therein, or any of the parts into which a evidence equally valid with certified transcripts square or lot may be subdivided as aforesaid, he from the keeper of the office for recording deeds shall measure the whole of that front of the for the conveyance of land in the county of Washsquare on which such lot or part lies; and if, on ington. such admeasurement, the whole front of the Sec. 8. And be it further enacted, That whensquare exceeds or falls short of the aggregate of ever the President of the United States shall the fronts of the lots on that side of the square, deem it necessary to subdivide any square or lot as the same are recorded, he shall apportion such belonging to the United States, within the City excess, or deficiency, among the lots or pieces on of Washington, which may not have been rethat front, agreeably to their respective dimen- served for public purposes, into convenient build
Public Acts of Congress.
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
Congress. may cause a plat to be made by the surveyor of Be it enacted, fc., That, after the adjouroment the city in the manner prescribed in the first sec of the present session, the next meeting of Contion of this act, which plat shall be recorded by gress shall be on the fourth Monday of May next. the said surveyor, and the provisions of this act Approved, January 30, 1809. shall extend to the lots, pieces, and parcels of ground contained in such plat as fully as to subdivisions made by individual proprietors. An Act authorizing the employment of an additional Sec. 9. And be it further enacted, That the
Naval force, surveyor of the City of Washington, before enter Be it enacted, c., That, in addition to the frig. ing upon the discharge of the duties required of ates now employed in actual service, there be fithim by this act, shall take an oath or affirmation ted out, officered and manned, as soon as may be, before the mayor of the City of Washington, that the four following frigates, to wit: the United he will faithfully and impartially perform the States, Essex, John Adams, and President; and duties hereinbefore required of him.
moreover the President of the United States is Approved, January 12, 1809.
hereby authorized and empowered to equip, man, and employ, in actual service, so many of the
public armed vessels, now laid up, in ordinary, An Act supplemental to an act, entitled " An act for and gunboats, as in his judgment ibe public ser, extending the terms of credit on revenue bonds in vice may require; and to cause the frigates, and certain cases, and for other purposes."
other armed vessels, when prepared for actual Be it enacted, fc., That the payment of all service, respectively, to be stationed at such ports bonds given, subsequent to the date of the act to and places on the seacoast as he may deem most which this act is a supplement, for duties on expedient, or to cruise on any part of the coast of coffee, sugar, pepper, indigo, cocoa, and wine, the United States or the territories thereof. paying a duty of twenty-three cents per gallon, Sec. 2. And be it further enacted, That, for the and which remain unpaid, or for the same articles purpose of carrying the foregoing provision into which may arrive hereafter in any of the ports of immediate effect, ihe President of the United the United States, and whilst the act entitled States be, and he is hereby, authorized and em"An act laying an embargo on all ships and ves- powered, in addition to the number of petty offisels in the ports and harbors of the United cers, able seamen, ordinary seamen, and boys, at States,” shall continue in force, may be sus present authorized by law, to appoint, and cause pended, subject however in all respects to the to be engaged and employed as soon as may be, conditions and provisions made and provided in three hundred midshipmen, three thousand six the act of the tenth of March, one thousand eight hundred able seamen, ordinary seamen, and boys, hundred and eight, to which this act is a supple- who shall be engaged to serve for a period not ment: Provided, That nothing herein contained exceeding two years; but the President may disshall be construed to extend to importations made charge the same sooner, if in his judgment their in vessels dispatched under permissions granted service may be dispensed with. And to satisfy by the President of the United States in pursu- the necessary expenditures to be incurred therein, ance of powers in him vested by the seventh sec a sum not exceeding four hundred thousand doltion of the act, entitled "An act in addition to the lars, be, and the same is hereby, appropriated, and act entitled 'An act supplementary to the act, en- shall be paid out of any moneys in the Treasury titled 'An act laying an embargo on all ships and not otherwise appropriated. vessels in the ports and harbors of the United Approved, January 31, 1809. States.”
Sec. 2. And be it further enacted, That if the An Act for dividing the Indiana Territory into two amount of any bond given for the payment of duties on the importation of coffee, sugar, pepper,
separate Governments. indigo, cocoa, or wine, paying a duty of twenty Be it enacted, fc., That, from and after the first three cents per gallon, made subsequent to the day of March next, all that part of the Indiana passage of the act to which this is a supplement, Territory which lies west of the Wabash river, and which bond would by virtue of this act have and a direct line drawn from the said Wabash been entitled to an extension of credit, shall have river and Post Vincennes, due north to the terribeen previously paid, the money so paid shall, by torial line between the United States and Canada, the proper collecior, be refunded to the person or shall, for the purpose of temporary government, persons who shall have paid the same, or to his, constitute a separate Territory, and be called her, or their agent or agents, on his or their giv- Illinois. ing a bond with sureties, in the same manner and Sec. 2. And be it further enacted, That there on the same terms, conditions, and restrictions, shall be established within the said Territory a and on a compliance of the person or persons re government in all respects similar to that proceiving the indulgence hereby granted, with all vided by the ordinance of Congress, passed on the provisions of the act to which this is a sup- the thirteenth day of July, one thousand seven plement.
hundred and eighty-seven, for the government of Approved, January 12, 1809.
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 se Sec. 7. And be it further enacted, That nothing cured to the people of the Territory of the Uni- in this act contained shall be so construed as to ted States Northwest of the river Ohio, by the prevent the collection of taxes which may, on said ordinance.
ihe first day of March next, be due to the Indiana Sec. 3. And be it further enacted, That the Territory on lands lying in the said Territory of officers for the said Territory, who, by virtue of Illinois. this act, shall be appointed by the President of Sec. 8. And be it further enacted, That until it the United States, by and with the advice and shall be otherwise ordered by the Legislature of consent of the Senate, shall respectively exercise the said Illinois Territory, Kaskaskia, on the Misthe same powers, perform the same duties, and sissippi river, shall be the seat of government for receive for their services the same compensations the said Illinois Territory. as by the ordinance aforesaid, and the laws of the Approved, February 3, 1809. Uniied States, have been provided and established for similar officers in the Indiana Territory. And the duties and emoluments of Su- An Act supplementary to the act, entitled “An act to perintendent of Indian Affairs shall be united
amend the act, entitled «An act establishing Circuit with those of Governor: Provided, That the
Courts, and abridging the jurisdiction of the District President of the United States shall have full
Courts of the Districts of Kentucky, Tennessee, and
Ohio." power, in the recess of Congress, to appoint and commission all officers herein authorized, and
Be it enacted, fc., That in all actions or suits their commissions shall continue in force until that were pending in the circuit courts of the the end of the next session of Congress.
United States for the district of Tennessee, estabSec. 4. And be it further enacted, That so much lished by an act entitled “An act establishing of the ordioance for the government of the Ter circuit courts, and abridging the jurisdiction of ritory of the United Siates 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 tioned act had not passed ; which executions and than seven, nor more than nine, to be apportioned other process shall be directed to the marshal of by the Governor to the several counties in the either of the districts of East or West Tennessee, said Territory; agreeably to the number of free in which the party against whom the same shall 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.
who shall execute and return the same in like Sec. 5. And be it further enacted, That nothing manner he would have done is the act to which in this act contained shall be construed so as in this is a supplement had not passed, and shall reany manner to affect the government now in ceive the same fees as are by law allowed for force in the Indiana Territory, further than to similar services in other cases. prohibit the exercise thereof within the Illinois Sec. 2. And, be it further enacted, That the Territory, from and after the aforesaid first day next session of the district court of the United of March next.
States, for the district of Kentucky, shall be Sec. 6. And be it further enacted, That all holden on the second Monday in May next, and suits, process, and proceedings, which, on the first that the session of the said court heretofore holden day of March next, shall be pending in the court on the first Monday in June, annually, shall of any county which shall be included within the thereafter be holden annually on the second Monsaid Territory of Illinois, and also all suits, process, day in May: and proceedings, which, on the said first day of Sec. 3. And be it further enacted, That all March next, shall be pending in the general court writs and process, which shall have been issued, of the Indiana Territory, in consequence of any or may hereafter issue, and all recognisances rewrit of removal, or order for trial at bar, and turnable, and all suits and other proceedings of which had been removed from any of the coun. what nature or kind soever, which have been
Public Acts of Congress.
continued to the said district court on the first they are hereby, appointed commissioners to open, Monday in June next, from the last December or cause to be opened, a book for receiving and term, shall be returned and held continued to the entering subscriptions for raising a capital stock said second Monday in May next.
not exceeding one hundred thousand dollars, in Approved, February 4, 1809.
shares of one hundred dollars each, for the pur
pose of opening the canal to communicate from An Act making appropriations to complete the fortifi- the Potomac river to the Eastern Branch thereof,
cations commenced for the security of the seaport through a part of the City of Washington, and towns and harbors of the United States, and to de- that one month's notice be given in one of the fray the expense of deepening and extending to the newspapers printed in Washington, Georgetown, river Mississippi, the canal of Carondelet.
and Alexandria, of the time and place of opening Be it enacted, f-c., That, for the purpose of com- the said subscription book, and that the same be pleting the fortifications commenced for the secu- kept open until the sum of forty thousand dollars rity of the sea port towns and harbors of the United be subscribed : Provided, That no subscription States, and Territories thereof, exclusive of the shall be received unless the sum of ten dollars be contemplated line of blocks and chains across the paid into the hands of the persons authorized to harbor of New York, there be, and hereby is, receive the same, on each share subscribed for. appropriated the sum of four hundred and fifty
Sec. 2. And be it further enacted, That, as soon thousand dollars, to be paid out of any moneys in as the aforesaid sum of forty thousand dollars be the Treasury not otherwise appropriated.
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 prosy, 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 appro
Sec. 3. And be it further enacted, That the said priated the sum of twenty-five thousand dollars, stockholders and their successors, from the time io be paid out of any moneys in the Treasury not of the said first meeting, shall be, and they are otherwise appropriated.
hereby declared to be, incorporated by the name Approved, February 10, 1809.
of thé “ Washington Canal Company,” and by that name may sue and be sued, implead and be
impleaded, answer and be answered, and may An Act to revive and continue, for a further time, the make all necessary by-laws and regulations for authority of the Commissioners of Kaskaskia.
the proper management of the business of the Be it enacted, fc., That the powers heretofore company: Provided, That the same be not convested in the register and receiver of public mon- trary to the laws of the United States, or the laws eys for the district of Kaskaskia be, and the same in force in the District of Columbia. 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 direciors shall continue in office on uary next to complete the investigation of claims year from the time of their election, and the dito land in said district. They shall have full rectors may fill any vacancy which may happen power to revise any of their former decisions, and in their own body during the term for which they also the same power and authority in relation to were elected; and in case of the death, resignaclaims to land in the village of Peoria ; notices of tion, or disqualification, of the president, they may which have heretofore been filed, as they have in elect a president to serve for the residue of the term. relation to other claims in the said district. And And the said stockholders, in one year after the the said register and receiver, and the clerk of the day on which the election of president and diboard, shall each be allowed an additional com- rectors shall be first made, and on the same day pensation of five hundred dollars, in full for his in every year thereafter, (except the same shall services in relation to such claims.
happen on Sunday, in that case on the day sucApproved, February 15, 1809.
ceeding.) shall elect, by ballot, from among the
stockholders, one person as president, and six perAn Act to incorporate a company for opening the canal ors, for the time being, shall give public notice in
sons as directors; and the president and directin the City of Washington.
one of the newspapers printed in Washington, Be it enacted, f-c., That Robert Brent, Samuel Georgetown, and Alexandria, for a new election, N. Smallwood, Daniel Carroll of Duddington, at least ten days previous to ihe 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;