Commission ers of northern boundary of Illinois. Act of April 18, 1818, ch. 67. Surveyors, &c. Compensation. Proviso. Expenses of Florida and Ala bama line. entries and sales shall be as valid, in every respect, as if they had been made in the land district of Alabama. SEC. 3. And be it further enacted, That the President of the United States is hereby authorized to cause the surveyor general of the United States for the states of Illinois and Missouri, and the territory of Arkansas, to act as a commissioner on the part of the United States, whenever he shall be duly informed that the government of the state of Illinois shall have appointed a commissioner on its part, the two to form a board, to ascertain, survey and mark the northern line of the state of Illinois, as defined in the act of Congress, entitled " An act to enable the people of the Illinois territory to form a constitution and state government, &c," passed the eighteenth of April, one thousand eight hundred and eighteen; and, in case of vacancy in said office of commissioner, or of his being unable to act from any cause, the President is authorized to fill such vacancy by the appointment of some other qualified person, whenever it may be necessary, until the object of the commission shall be attained. SEC. 4. And be it further enacted, That the said board of commissioners shall have power to employ the necessary surveyors and labourers, and shall meet at such time and place as may be agreed upon by the President of the United States and the government of the state of Illinois, and proceed to ascertain, survey and mark the said northern line of the state of Illinois, and report their proceedings to the President of the United States, and the governor of the state of Illinois. SEC. 5. And be it further enacted, That the President may allow to the said commissioner of the United States, such compensation for his services as shall seem to him reasonable: Provided, it does not exceed the allowance made by the state of Illinois to the commissioner on its part; and the said allowance, together with one-half of the necessary expenses of said board, and the surveyors and labourers, and the allowance to be made to the surveyors general of the state of Alabama and the territory of Florida, and the necessary expenses incurred by them in running and marking said line between said state and territory, shall be paid from the treasury of the United States, out of any money not otherwise appropriated; and, to enable the President to carry this act into effect, there is hereby appropriated the sum of two thousand dollars. APPROVED, March 2, 1831. CHAP. LXXXVII.—An Act allowing the duties on foreign merchandise imported into Pittsburg, Wheeling, Cincinnati, Louisville, St. Louis, Nashville, and Natchez, to be secured and paid at those places. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That when any goods, wares, or merchandise, are to be imported from any foreign country, into Pittsburg, in the state of Pennsylvania, Wheeling, in the state of Virginia, Cincinnati, in the state of Ohio, Louisville, in the state of Kentucky, St. Louis, in the state of Missouri, Nashville in the state of Tennessee, or into Natchez, in the state of Mississippi; the importer thereof shall deposit in the custody of the surveyor of the place a schedule of the goods so intended to be imported, with an estimate of their cost at the place of exportation, whereupon the said surveyor shall make an estimate of the amount of duties accruing on the same, and the importer or consignee shall give bond, with sufficient sureties, to be approved by the surveyor, in double the amount of the duties so estimated, conditioned for the payment of the duties on such merchandise, ascertained as hereinafter directed; and the surveyor shall forthwith notify the collector at New Orleans of the same, by forwarding to him a copy of said bond and schedule. SEC. 2. And be it further enacted, That the importer, or his agent, is hereby authorized to enter any merchandise, imported, as aforesaid, by the way of New Orleans, at that port, in the manner now prescribed by law; and the collector shall grant a permit for the landing thereof, and cause the duties to be ascertained as in other cases, the said goods remaining in the custody of the collector until re-shipped for the place of destination; and the collector shall certify to the surveyor at such place the amount of such duties, which the said surveyor shall enter on the margin of the bond, as aforesaid given to secure the same, which goods shall be delivered by the collector to the agent of the importer or consignee, duly authorized to receive the same, for shipment to the place of importation, and the master or commander of every steamboat, or other vessel, in which such merchandise shall be transported, shall, previously to her departure from New Orleans, deliver to the collector duplicate manifests of such merchandise, specifying the marks and numbers of every case, bag, box, chest, or package, containing the same, with the name and place of residence of every importer or consignee of such merchandise, and the quantity shipped to each, to be by him subscribed, and to the truth of which he shall swear or affirm, and that the said goods have been received on board his vessel; stating the name of the agent, who shipped the same; and the said collector shall certify the facts, as aforesaid, on the manifests, one of which he shall return to the master, with a permit thereto annexed, authorizing him to proceed to the place of his destination. SEC. 3. And be it further enacted, That, if any steamboat or other vessel, having merchandise on board, imported as aforesaid, shall depart from New Orleans without having complied with the provisions of this act, the master thereof shall forfeit five hundred dollars; and the master of any such boat or vessel, arriving at either of the ports above named, on board of which merchandise, as aforesaid, shall have been shipped at New Orleans, shall, within eighteen hours next after the arrival, and previously to unloading any part of said merchandise, deliver to the surveyor of such port the manifest of the same, certified, as aforesaid, by the collector of New Orleans, and shall make oath or affirmation before the said surveyor that there was not, when he departed from New Orleans, any more or other goods on board such boat or vessel, imported as aforesaid, than is therein mentioned; whereupon the surveyor shall cause the said casks, bags, boxes, chests, or packages, to be inspected, and compared with the manifests, and the same being identified, he shall grant a permit for unloading the same, or such part thereof as the master shall request, and, when a part only of such merchandise is intended to be landed, the surveyor shall make an endorsement on the back of the manifests, designating such part, specifying the articles to be landed, and shall return the manifests to the master, endorsing thereon his permission to such boat or vessel to proceed to the place of its destination; and, if the master of such steamboat or vessel shall neglect or refuse to deliver the manifests within the time herein directed, he shall forfeit one hundred dollars. Proceedings at New Orleans. Infractions and penalties. Proceedings at second port. Condition of Orleans. SEC. 4. And be it further enacted, That the collector of the port of New Orleans shall permit no entry to be made of goods, wares, or merchan- entry at New dise, where the duty on the same shall exceed the amount of the bond deposited with the surveyor, as aforesaid, nor shall the said surveyor receive the bond of any person not entitled to a credit at the custom-house, nor for a sum less than fifty dollars, and that, when the said bond shall have been completed, and the actual amount of duty ascertained and certified on the margin, as aforesaid, it shall be the duty of the surveyor of the port where the bond is taken, to deposit the same for collection in such bank as may be directed by the Secretary of the Treasury. SEC. 5. And be it further enacted, That where surveyors are not already be appointed. VOL. IV.-61 2S Surveyors to Proviso. Suits, &c. for penalties. Act of March 2, 1799, ch. 22. 1797, ch. 13. STATUTE II. March 2, 1831. Repeal of act of April 1822, ch. 27. appointed in any of the places mentioned in the first section of this act, a suitable person shall be appointed for such places, and on all such surveyors, whether appointed or to be appointed, shall devolve the duties prescribed by this act, in addition to the customary duties performed by that officer in other places; and the surveyor at each of said places shall, before taking the oath of office, give security to the United States for the faithful performance of all his duties, in the sum of ten thousand dollars, and shall receive, in addition to his customary fees, an annual salary of three hundred and fifty dollars; Provided, That no salary arising under this act, shall commence until its provisions shall take effect, and merchandise may be imported under its authority. SEC. 6. And be it further enacted, That all penalties and forfeitures incurred by force of this act shall be sued for, recovered, 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 on 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 the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned," passed on the third day of March, one thousand seven hundred and ninety-seven. APPROVED, March 2, 1831. CHAP. LXXXVIII.—An Act to repeal the act to establish the district of Blakely. Be it enacted by the Senate and House of Representatives of the United 17, States of America, in Congress assembled, That the act entitled "An act to establish the district of Blakely," approved the seventeenth day of April, eighteen hundred and twenty-two, be, and the same is hereby, repealed. APPROVED, March 2, 1831. STATUTE II. March 2, 1831. CHAP. XCI.-An Act to provide for the further compensation of the marshal of the district of Rhode Island. Additional compensation. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the marshal of the district of Rhode Island shall be entitled to receive, in addition to the compensation now allowed by law, an annual salary of two hundred dollars payable quarterly, out of any money in the treasury, not otherwise appropriated. APPROVED, March 2, 1831. STATUTE II. March 2, 1831. Owners of, &c. authorized. Barry v. Gamble, 3 Howard, 32. Proviso. CHAP. XCII.—An Act for the relief of certain holders of certificates issued in lieu of lands injured by earthquakes in Missouri. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the legal owners of any certificates of new location issued under the act of seventeenth February, one thousand eight hundred and fifteen, for the relief of persons whose lands were injured by earthquakes in Missouri, which may have been located upon lands, any part of which has been adjudged to any person or persons as a right of pre-emption, shall be authorized to locate such warrants, upon such lands as are liable to entry at private sale, Provided, That previous to making such new location, the legal owners aforesaid shall relinquish to the United States all claim to the previous location, And provided further, That such locations shall be made and patents issued therefor, under the same regulations and restrictions, as if the locations had been made under the provisions of the second section of the act of the twenty-sixth April, one thousand eight hundred and twenty-two, entitled "An act to perfect certain locations and sales of the public lands in Missouri." SEC. 2. And be it further enacted, That this act shall remain in force for the term of eighteen months from the passage thereof. APPROVED, March 2, 1831. Proviso. Act of April 26, 1822, ch.40. STATUTE II. CHAP. XCVII.-An Act declaring the assent of Congress to an act of the general March 2, 1831. assembly of the state of Ohio, hereinafter recited. (a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the consent of the United States shall be, and is hereby, given to an act of the General Assembly of the state of Ohio, entitled "An act for the preservation and repair of the United States' road," passed the fourth day of February, in the year of our Lord one thousand eight hundred and thirty-one, which act is in the words and figures following, to wit: "Be it enacted by the General Assembly of the state of Ohio, That whenever the consent of the Congress of the United States to this act shall be obtained, the governor of this state shall be, and he is hereby, authorized to take under his care, on behalf of this state, so much of the road commonly called the National Road, within the limits of this state, as shall then be finished, and also, such other sections or parts thereof as may thereafter be progressively finished within the limits aforesaid, whenever the same shall be completed; and he shall be, and is hereby authorized to cause gates and toll-houses to be erected on said road, at such finished parts thereof as he shall think proper, for the purpose of collecting tolls, as provided by the fourth section of this act: Provided, The number of gates aforesaid shall not exceed one on any space or distance of twenty miles. Cumberland road. Toll gates. "SEC. 2. That a superintendent shall be appointed by the governor, Superintendent. whose duty shall be to exercise all reasonable vigilance and diligence in the care of the road committed to his charge; to contract for, and direct the application of the labour, materials, and other things necessary for the preservation, repair, and improvement thereof; he shall pay for the same out of such sums as the governor shall furnish him for that purpose, subject to such responsibility and accountability as the said governor shall dictate; and shall conform to such instructions as the governor shall prescribe for his conduct, in all particulars relative to his said trust he may be empowered to suspend the functions of any tollgatherer for alleged misconduct, till the pleasure of the governor shall be known, and to fill the vacancy thereby occasioned during such interval; and it shall be his duty to give information of the facts in such case to the governor, without any unnecessary delay; the said superintendent shall hold his office during the pleasure of the governor, who shall allow him a reasonable compensation for his services. "SEC. 3. That the governor be, and he is hereby, authorized to appoint Toll-collectors. (a) Under the acts of Congress, and of the state of Ohio, relating to the surrender and acceptance of the Cumberland road, a toll charged upon passengers travelling in mail carriages, without being charged, also, on passengers travelling in other carriages, is against the contract, and void. Neil, Moore & Co. v. The State of Ohio, 3 Howard, 720. It rests altogether in the discretion of the Postmaster General, to determine at what hours the mail shall leave particular places, and arrive at others, and to determine whether it shall leave the same place only once a day, or more frequently. Ibid. It is not, therefore, the mere frequency of the departure of the carriages, carrying the mail, that constitutes an abuse of the privilege of the United States, but the unnecessary division of the mail-bage among a number of carriages, to evade the payment of tolls. Ibid. Toll rates. Proviso. Proviso. Proceeds of tolls, how disposed of. the necessary collectors of tolls, and to remove any of them at his pleasure; and also, to allow them, respectively, such stipulated compensation as he may deem reasonable, it shall be the duty of each and every tollcollector to demand and receive, at the gate or station assigned to him by the governor, the tolls prescribed and directed by the fourth section of this act; and to pay monthly into the treasury, according to the directions they may receive from the treasurer of the state, all the moneys so collected by said collectors, that shall remain, after deducting their compensation aforesaid; the said collectors shall be governed in all respects relative to their office, by such regulations as the governor shall ordain, in order to insure a due responsibility, and faithful discharge of their duties. "SEC. 4. That, as soon as the said gates and toll-houses shall be erected, it shall be the duty of the said toll-collectors, and they are hereby required, to demand and receive for passing the said gates the tolls and rates hereafter mentioned; and they may stop any person riding, leading, or driving any horses, cattle, sulky, chair, phaeton, cart, chaise, wagon, sleigh, sled, or other carriage of burden or pleasure, from passing through the said gates, until they shall respectively have paid for passing the same, that is to say: For every space of twenty miles in length on said road, the following sums of money, and so in proportion for every greater or lesser distance, to wit: For every score of sheep or hogs, ten cents; for every score of cattle, twenty cents; for every led or drove horse, three cents; for every mule or ass, led or driven, three cents; for every horse and rider, six and one fourth cents; for every sled or sleigh drawn by one horse or ox, twelve and one half cents; for every horse or ox in addition, six and one fourth cents; for every dearborn, sulky, chair, or chaise, with one horse, twelve and one half cents; for every horse in addition, six and one fourth cents; for every chariot, coach, coachee, stage, or phaeton, with two horses, eighteen and three fourth cents; for every horse in addition, six and one fourth cents; for every other carriage of pleasure, under whatever name it may go, the like sum, according to the number of wheels and horses drawing the same; for every cart or wagon whose wheels do not exceed the breadth of two and one half inches, twelve and one half cents; for each horse or ox drawing the same, six and one fourth cents; for every cart or wagon whose wheels shall exceed two and one half inches in breadth, and not exceeding four inches, six and one fourth cents; for every horse or ox drawing the same, three cents: and for every other cart or wagon whose wheels shall exceed four inches, and not exceeding five inches in breadth, four cents; for every horse or ox drawing the same two cents; and all other wagons or carts whose wheels shall exceed six inches in breadth, shall pass the said gates free and clear of all tolls: Provided, That nothing in this act shall be construed so as to authorize any tolls to be received or collected from any person passing to or from public worship, or to or from any musters, or to or from his common business on his farm or wood land, or to or from a funeral, or to or from a mill, or to or from his common place of trading or marketing, within the county in which he resides, including their wagons, carriages, and horses or oxen drawing the same; Provided, also, That no toll shall be received or collected for the passage of any stage or coach conveying the United States' mail, or horses bearing the same, or any wagon or carriage laden with the property of the United States, or any cavalry or other troops, arms or military stores belonging to the same, or to any of the states comprising this Union, or any person or persons on duty in the military service of the United States, or of the militia of any of the states. "SEC. 5. That the moneys so collected shall constitute a fund, to be denominated the United States' road fund; and so much thereof as may be paid into the treasury agreeably to the provisions above recited, shall |