And

of them, as the case may require. it shall, in every such case, be the duty of the appraisers of the United States, and of every of them, and of every other person who shall act as such appraiser, by all the reasonable ways and means in his or their power, to ascertain, estimate, and appraise the true and actual value, any invoice or affidavit theroto to the contrary notwithstanding, of the said goods, wares, and merchandise, at the time purchased, and place from whence the same shall have been imported into the United States, and the number of such yards, parcels, or quantities, and such actual value of every of them, as the case may require. And all such goods, wares, and merchandises, being manufactures of wool, or whereof wool shall be a component part, which shall be imported into the United States in an unfinished condition, shall in every such appraisal be taken, deemed, and estimated by the said appraisers, and every of them, and every person who shall act as such appraiser, to have been, at the time purchased, and place from whence the same were imported into the United States, of as great actual value as if the same had been en

tirely finished. And to the value of the said goods, wares, and merchandise, so ascertained, there shall, in all cases where the same are or shall be charged with an ad valorem duty, be added all charges, except insurance, and also twenty per centum on the said actual value and charges, if imported from the Cape of Good Hope, or any place beyond the same, or from beyond Cape Horn, or ten per centum if from any other place or country; and the said ad valorem rates of duty shall be estimated on such aggregate amount, any thing in any act to the contrary notwithstanding. Provided, that in all cases where any goods, wares, or merchandise, subject to ad valorem duty, or whereon the duty is or shall be by law regulated by, or be directed to be estimated or levied upon the value of the square yard, or any other quantity or parcel thereof, shall have been imported into the United States from a country ether than that in which the same were manufactured or produced, the appraisers shall value the same at the current value thereof, at the time of purchase before such last exportation to the United States, in the country where the same may have been originally manufactured or produced.

SECT. 9. And be it further enacted, That in all cases where the actual value to be appraised, estimated, and ascertained, as herein before stated, of any goods, wares, or merchandise, imported into the United States, and subject to any ad valorem duty, or whereon the duty is regulated by, or directed to be imposed or levied on, the value of the square yard, or other parcel or quantity thereof, shall, by ten per centum, exceed the invoice value thereof, in addition to the duty imposed by law on the same, if they had been invoiced at their real value, as aforesaid, there shall be levied and collected on the same goods, wares, and merchandise, fifty per centum of the duty so imposed on the same goods, wares, and merchandise, when fairly invoiced. Provided, always, that nothing in this section contained shall be construed to impose the said last men tioned duty of fifty per centum, for a variance between the bona fide invoice of goods produced in the manner specified in the proviso to the eighth section of this act, and the current value of the said merchandise in the country where the same may have been originally manufactured or produced. And, further, that the penalty of fifty per centum, imposed by the thirteenth section of the act, entitled An act supplementary to, and to amend 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 for other purposes,' approved March first, one thousand eight hundred and twenty-three, shall not be deemed to apply or attach to any goods, wares, or merchandise, which shall be subject to the additional duty of fifty per centum, as aforesaid, imposed by this section of this act.

SECT. 10. And be it further enacted, That it shall be the duty of the secretary of the treasury, under the direction of the President of the United States, from time to time to establish such rules and regulations, not inconsistent with the laws of the United States, as the President of the United States shall think proper, to secure a just, faithful, and impartial appraisal of all goods, wares, and merchandise, as aforesaid, imported into the United States, and just and proper entries of such actual value thereof, and of the square yards, parcels, or other quantities thereof, as the case may require, and of such actual value of every of them. And it shall be

CHAP. 61. An Act for the benefit of John B. Dupuis.

CHAP. 62. An Act granting compensation to Rebecca Blodget, for her right of dower in the property therein mentioned.

CHAP. 63. An Act for the relief of the representatives of Patience Gordon, widow, deceased. CHAP. 64. An Act for the relief of William Bell. CHAP. 65. An Act for the relief of Thomas Brown and Aaron Stanton, of the state of Indiana. CHAP. 66. An Act for the relief of William M'Clure.

CHAP. 67. An Act to continue the Mint at the city of Philadelphia, and for other purposes. SECT. 1. Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That the act, entitled "An act concerning the Mint," approved March the third, one thousand eight hundred and one, be, and the same hereby is, revived, and continued in force and operation, until otherwise provided by law.

SECT. 2. And be it further enacted, That for the purpose of securing a due conformity in weight of the coins of the United States, to the provisions of the ninth section of the act, passed the second of April, one thousand seven hundred and ninety-two, entitled "An act establishing a mint, and regulating the coins of the United States," the brass troy pound weight, procured by the minister of the United States at London, in the year one thousand eight hundred and twenty-seven, for the use of the Mint, and now in the custody of the director thereof, shall be the standard troy pound of the Mint of the United States, conformably to which the coinage thereof shall be regulated.

SECT. 3. And be it further enacted, That it shall be the duty of the director of the Mint to procure and safely to keep a series of standard weights, corresponding to the aforesaid troy pound, consisting of an one pound weight, and the requisite subdivisions and multiples thereof, from the hundredth part of a grain to twenty-five pounds; and that the troy weights ordinarily employed in the transactions of the Mint, shall be regulated according to the above standards, at least once in every year, under his inspection; and their aecuracy tested annually in the presence of the Assay commissioners, on the day of the annual assay.

SECT. 4. And be it further enacted, That when silver bullion, brought to the Mint for coinage, is found to require the operation of the test, the expense of the ma

terials employed in the process, together with a reasonable allowance for the wastage necessarily arising therefrom, to be determined by the melter and refiner of the Mint, with the approbation of the director, shall be retained from such deposit, and accounted for by the treasurer of the Mint to the treasury of the United States.

SECT. 5. And be it further enacted, That when silver bullion, brought to the Mint for coinage, shall be found to contain a proportion of gold, the separation thereof shall be effected at the expense of the party interested therein. Provided, nevertheless, that when the proportion of gold is such that it cannot be separated advantageously, it shall be lawful, with the consent of the owner, or, in his absence, at the discretion of the director, to coin the same as an ordinary deposit of silver.

SECT. 6. And be it further enacled, That the director of the Mint may employ the requisite number of clerks, at a compensation not exceeding in the whole the sum of seventeen hundred dollars, and such number of workmen and assistants as the business of the Mint shall from time to time require.

SECT. 7. And be it further enacted, That it shall be lawful for the director of the Mint to receive, and cause to be assayed, bullion not intended for coinage, and to cause certificates to be given of the fineness thereof, by such officer as he shall designate for that purpose, at such rates of charge, to be paid by the owner of said bullion, and under such regulations, as the said director may from time to time establish.

CHAP. 68. An Act further to regulate processes in the Courts of the United States.

SECT. 1. Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled,

That the forms of mesne process, except the style, and the forms and modes of proceeding in suits in the courts of the United States, held in those states admitted into the Union since the twentyninth day of September, in the year seventeen hundred and eighty-nine, in those of common law, shall be the same in each of the said states respectively, as are now used in the highest court of original and general jurisdiction of the same, in proceedings in equity, according to the principles, rules, and usages, which belong to courts of equity, and in those of admi

ralty and maritime jurisdiction, according to the principles, rules, and usages, which belong to courts of admiralty, as contradistinguished from courts of common law, except so far as may have been otherwise provided for by acts of Congress; subject, however, to such alterations and additions as the said courts of the United States respectively shall, in their discretion, deem expedient, or to such regulations as the supreme court of the United States shall think proper, from time to time, by rules, to prescribe to any circuit or district court concerning the same.

SECT. 2. And be it further enacted, That in any one of the United States, where judgments are a lien upon the property of the defendant, and where, by the laws of such state, defendants are entitled in the courts thereof to an imparlance of one term or more, defendants, in actions in the courts of the United States, holden in such state, shall be entitled to an imparlance of one term.

SECT. 3. And be it further enacted, That writs of execution and other final process, issued on judgments and decrees, rendered in any of the courts of the United States, and the proceedings thereupon, shall be the same, except their style, in each state respectively, as are now used in the courts of such state, saving to the courts of the United States in those states in which there are not courts of equity, with the ordinary equity jurisdiction, the power of prescribing the mode of executing their decrees in equity by rules of court. Provided, however, that it shall be in the power of the courts, if they see fit in their discretion, by rules of court, so far to alter final process in said courts, as to conform the same to any change which may be adopted by the legislatures of the respective states for the state courts.

SECT. 4. And be it further enacted, That nothing in this act contained shall be construed to extend to any court of the United States now established, or which may hereafter be established, in the state of Louisiana.

Approved 19th May, 1828.

CHAP. 69. An Act to authorize the building of Light Houses, and for other purposes.

CHAP. 70. An Act supplementary to the several

acts providing for the settlement and confirmation of private land claims in Florida. SECT. 1. Be it enacted, by the Senate und House of Representatives of the United States of America, in Congress assembled,

That the three claims to land in the dis trict of West Florida, contained in the reports of the commissioners, and numbered four [4,] eight [3,] and ten [10,] excluding from the latter the land contained in certificate, and in the plats A and e, and the claims contained in the reports of the commissioners of East Florida, and in the reports of the receiver and register acting as such, made in pursuanco of the several acts of Congress providing for the settlement of private land claims in Florida, and recommended for confirmation by said commissioners, and by the register and receiver, be, and the same are hereby, confirmed to the extent of the quantity contained in one league square, to be located by the claimants, or their agents, within the limits of such claims or surveys filed, as aforesaid, before the said commissioners, or receiver and register, which location shall be made within the bounds of the original grant, in quantities of not less than one section, and to be bounded by sectional lines.

Sacr. 2. And be it further enacted, That no more than the quantity of acres contained in a league square, shall be confirmed within the bounds of any one grant; and no confirmation shall be effectual, until all the parties in interest, under the original grant, shall file with the register and receiver of the district where the grant may be situated, a full and final release of all claim to the residue contained in the grant; and where there shall be any minors incapable of acting within said territory of Florida, a relin-quishment by the legal guardian shall be sufficient; and thereafter the excess in said grants, respectively, shall be liable to be sold, as other public lands of the United States.

SECT. 3. And be it further enacted, That all the decisions made by the register and receiver of the district of East Florida, acting, ex officio, as commissioners, in pursuance of an act of Congress, approved the eighth of February, one thousand eight hundred and twenty-seven, authorizing them to ascertain and decide claims and titles to lands in the district aforesaid, and those recommended for confirmation under the quantity of three thousand five hundred acres, contained in the reports, abstracts, and opinions of the said register and receiver, transmitted to the secretary of the treasury according to law, and referred by him to Congress on the twenty-ninth January, one thousand eight

hundred and twenty-eight, be, and the same are hereby, confirmed. The confirmations authorized by this act shail operate only as a release of any claim had by the United States, and not to affect the interest of third persons.

SECT. 4. And be it further enacted, That the said register and receiver shall continue to examine and decide the remaining claims in East Florida, subject to the same limitations, and in conformity with the provisions of the several acts of Congress, for the adjustment of private land claims in Florida, until the first Monday in December next, when they shall make a final report of all the claims aforesaid, in said district, to the secretary of the treasury; and it shall never be lawful, after that time, for any of the claimants to exhibit any further evidence in support of said claims. And the said register and receiver, and clerk, shall receive the compensation provided in the act aforesaid, to be paid out of any money in the treasury not otherwise appropriated. Provided, that the extra compensation of one thousand dollars each, which is hereby allowed to the register and receiver, for services under and by the provisions of this act, shall not be paid unti a report of all the claims be made to the secretary of the treasury.

SECT. 5. And be it further enacted, That the proper accounting officers of the treasury be, and they are hereby, authorized to adjust and pay the accounts of the register and receiver, acting as commissioners, their contingent expenses, and the receiver the compensation heretofore allowed for bringing their reports to Washington, out of any money in the treasury not otherwise appropriated.

SECT. 6. And be it further enacted, That all claims to land within the territory of Florida, embraced by the treaty between Spain and the United States, of the twenty-second of February, one thousand eight hundred and nineteen, which shall not be decided and finally settled under the foregoing provisions of this act, containing a greater quantity of land than the commissioners were authorized to decide, and above the amount confirmed by this act; and which have not been reported as antedated or forged by said commissioners, or register and receiver acting as such, shall be received and adjudicated by the judge of the superior court of the district within which the land lies, upon the petition of the claimant,

according to the forms, rules, regulations, conditions, restrictions, and limitations prescribed by the district judge, and claimauts in the state of Missouri, by act of Congress, approved May twenty-sixth, eighteen hundred and twenty-four, entitled "An act enabling the claimants to land within the limits of the state of Missouri and territory of Arkansas, to institute proceedings to try the validity of their claims." Provided, that nothing in this section shall be construed to authorize said judges to take cognizance of any claim annulled by the said treaty, or the decee ratifying the same by the King of Spain, nor any claim not presented to the commissioners, or register and receiver, in conformity to the several acts of Congress, providing for the settlement of private land claims in Florida.

SECT. 7. And be it further enacted, That it shall be lawful for the claimants to lands, as aforesaid, to take an appeal, as directed in the act aforesaid, from the decision of the judge of the district, to the supreme court of the United States, within four months after the decision shall be pronounced; and the said judges shall each be entitled to receive the extra com pensation given to the district judge of Missouri, for the performance of the duties required by this act, out of any money in the treasury not otherwise appropriated.

SECT. 8. And be it further enacted, That so much of the said act, the provisions of which, so far as they are applicable, and are not altered by this act, are hereby extended to the territory of Florida, as subjects the claimants to the payment of costs in any case where the decision may be in favour of their claims, be, and the same is hereby, repealed; and the costs shall abide the decision of the cause, as in ordinary causes before the said court. And so much of the said act as requires the claimants to make adverse claimants parties to their suits, or to show the court what adverse claimants there may be to the land claimed of the United States, be also hereby repealed.

SECT. 9. And be it further enacted, That it shall be the duty of the attorney of the United States, for the district in which the suits authorized by this act shall be instituted, in every case where the decision is against the United States, to make out and transmit to the attorney general of the United States, a statement, containing the facts of the case, and the points of law on which the same was de