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individual, proper wagon ways across the said railroad, from one part of his City lots, &c. land to the other ; but nothing herein contained shall be so construed as
to authorize the entry by the said company upon any lot or square, or upon any part of any lot or square, owned by the United States, or by any other body or bodies politic or corporate, or by any individual or individuals, within the limits of the city of Washington, for the purposes aforesaid, of locating or constructing the said road, or of excavating the same, or for the purpose of taking therefrom any material, or for any other purpose or uses whatsoever ; but the said company, in passing into the district aforesaid, and constructing the said road within the same, shall enter the city of Washington at such place, and shall pass along such public street or alley, to such point or terminus within the said city, as
the said company shall find best calculated to promote the objects of said Proviso: level. road: Provided, That the level of said road within the said city shall
conform to the present graduation of the streets, unless the said corpoProviso: limit. ration shall agree to a different level: And provided also, That the said
company shall not be permitted to take or terminate the said road west Proviso: Ca- of the west side of seventh street west: And provided also, That the said nals protected. road shall not cross, or interfere with, or infringe on the existing Washington
City Canal or the Chesapeake and Ohio Canal, their waters or basins, or any other canal which may hereafter be projected and executed to connect
the said Chesapeake and Ohio Canal with the aforesaid Washington City Proviso: Rate Canal in its whole extent to the eastern branch of the Potomac: Provided of toll, &c. also, The rate actually charged and received on all that part of said road
within the district shall not exceed three cents a ton per mile for toll, and
three cents a ton per mile for transportation, except as hereinafter specified, Proviso. and shall be the same each way: Provided also, That the privileges
granted by this bill to the aforesaid railroad company shall be upon the condition that the said company shall charge the same rate of toll upon
the same articles going east and west between Baltimore and Washington. Contracts for Sec. 2. And be it further enacted, That in addition to the charges use of cars. authorized by said act of incorporation to be made by the Baltimore and
Ohio Railroad Company aforesaid, the said company shall be authorized, within the said district, to make any special contract with any corporation, company or individual, for the exclusive use of any car, or of any part of, or place in, any car, or other carriage, on any railroad constructed by the said company, for a specified time or distance, or both, or for the receipt and delivery, or the transportation of merchandise or other valuable articles, in boxes, parcels, or packages weighing less than one-tenth of a
ton, on such terms as may be mutually agreed on between the parties : Proviso: the Provided, That the charge for the transportation of merchandise or charges to be other valuable articles shall not exceed one cent per mile for any single restricted.
box, parcel, or package weighing less than fifty pounds, and measuring in size not more than two cubic feet; and for any heavier or larger box, parcel, or package, weighing less than one-tenth of a ton, not more than two cents per mile. And the said company, in all cases where the whole of the merchandise, produce, or other property, transported on their railroad within the said district, at any one time, belonging to the same person, copartnership, or corporation, shall weigh less than a ton, and more than half a ton, shall be entitled to charge and receive, for the transportation thereof, at the same rate per mile as if it weighed a full ton; and if the same shall weigh less than half a ton, the charge per mile may be the same as for half a ton; always estimating a ton weight
to be two thousand pounds. Conveyance of Sec. 3. And be it further enacted, That the said company are, also, mail, &c.
hereby empowered to make such special contract with any duly authorized officer or agent of the United States, for the conveyance of the mail, or the transportation of persons or property for the use of the United States, on any railroad which has been or shall be constructed by the said Baltimore and Ohio Railroad Company, on such terms as shall be approved of by the competent officer or authority; and in all such instances, to receive the compensation so agreed for, according to the terms of each contract.
Sec. 4. And be it further enacted, That the said railroad company may Passengers. charge and receive, for taking up and setting down any passenger or traveller within the district, conveyed a shorter distance than four miles, a sum not exceeding twelve and a half cents.
Sec. 5. And be it further enacted, That unless the said company shall Condition. commence the said lateral railroad within one year, and complete the 1834, ch. 11. same with, at least, one set of tracks, within four years from the passage of this act, then this act, and all the rights and privileges thereby granted, shall cease and determine.
Sec. 6. And be it further enacted, That nothing herein contained shall Saving of right be so construed as to prevent the Congress of the United States from to authorize
other roads, &c. granting the same or similar privileges to those hereby granted to any other company or companies, incorporated or to be incorporated by the state of Maryland or Virginia, or by Congress, or from authorizing, by any future law, such additional railroads or roads, in connection with said road, so as to extend the same road, or to construct others connected therewith, to such parts of the district as from time to time may be required by the convenience of those parts of the district into which the said company are now restrained from carrying said road, or from enacting such rules and regulations, prescribing the speed of cars or carriages passing over said road, and other matters relating thereto, necessary for the security of the persons and property of the inhabitants of the district, in such manner as to the present or any future Congress shall seem expedient: And provided, nevertheless, That nothing herein contained shall Proviso. be construed to give any rights or privileges to the said company, beyond the limits of the District of Columbia.
Sec. 7. And be it further enacted, That if the state of Maryland shall Same rights, determine to construct a railway between the city of Baltimore and the &c. to state of District of Columbia, or shall incorporate a company for the same pur
Maryland. pose, then similar rights, privileges, immunities, and powers, conferred by this act on the Baltimore and Ohio Railroad, be, and the same are hereby, conferred on the state of Maryland, or any company which may be incorporated by it for the same purpose, within one year after the passage
of this act. APPROVED, March 2, 1831.
Chap. LXXXVI.-An Act to ascertain and mark the line between the state of Ala- March 2, 1831.
bama and the territory of Florida, and the northern boundary of the state of Illinois, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United Boundary. States of America, in Congress assembled, That the President of the United States be, and he is hereby, authorized to cause to be run and marked the boundary line between the state of Alabama and the territory of Florida, by the surveyors general of Alabama and Florida, on the thirtyfirst degree of north latitude; and it shall be the duty of the surveyor general of Florida to connect the public surveys on both sides with the line so run and marked.
Sec. 2. And be it further enacted, That patents shall be issued for Certain such tracts of land as were sold and paid for at the land office at Talla- tents to issue. hassee, in the territory of Florida, as are found to be situate within the limits of the district of lands subject to sale at Sparta, in Alabama, agreeably to the terms of the act organizing that district; and the said
entries and sales shall be as valid, in every respect, as if they had been
made in the land district of Alabama. Commission- Sec. 3. And be it further enacted, That the President of the United ers of northern States is hereby authorized to cause the surveyor general of the United boundary of Illinois.
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 Act of April defined in the act of Congress, entitled “ An act to enable the people of 18, 1818, ch. 67. 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. Surveyors, &c. Sec. 4. And be it further enacted, That the said board of commission
ers 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. Compensation.
SEC. 5. And be it further enacted, That the President may allow to the
said commissioner of the United States, such compensation for his serProviso. vices 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; Expenses of and the said allowance, together with one-half of the necessary expenses Florida and Ala- of said board, and the surveyors and labourers, and the allowance to be bama line.
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.
Sec. 2. And be it further enacted, That the importer, or his agent, is Proceedings hereby authorized to enter any merchandise, imported, as aforesaid, by at New Orleans. 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 Infractions and vessel, having merchandise on board, imported as aforesaid, shall depart penalties. from New Orleans without having complied with the provisions of this act, the master thereof shall forfeit five hundred dollars; and the master Proceedings at of any such boat or vessel, arriving at either of the ports above named, second port. 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.
Sec. 4. And be it further enacted, That the collector of the port of New Condition of Orleans shall permit no entry to be made of goods, wares, or merchan- entry at New
Orleans. 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.
Surveyors to Sec. 5. And be it further enacted, That where surveyors are not already be appointed. Vol. IV.-61
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 Proviso. three hundred and fifty dollars; Provided, That no salary arising under
this act, shall commence until its provisions shall take effect, and mer
chandise may be imported under its authority. Suits, &c. for
Sec. 6. And be it further enacted, That all penalties and forfeitures inpenalties.
curred by force of this act shall be sued for, recovered, distributed and Act of March accounted for, in the manner prescribed by the act, entitled “ An act to 2, 1799, ch. 22. 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, en1797, ch. 13. titled "An act to provide for mitigating or remitting the forfeitures, pen
alties, 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.
March 2, 1831. Chap. LXXXVIII.-An Act to repeal the act to establish the district of Blakely.
Repeal of act Be it enacted by the Senate and House of Representatives of the United of April, 17, States of America, in Congress assembled, "That the act entitled “An act 1822, ch. 27.
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.
March 2, 1831. CHAP. XCI.- An Act to provide for the further compensation of the marshal of the
district of Rhode Island. Additional com- Be it enacted by the Senate and House of Representatives of the United pensation.
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.
March 2, 1831.
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 Barry v. Gam- certificates of new location issued under the act of seventeenth Februble, 3 Howard, ary, one thousand eight hundred and fifteen, for the relief of persons
whose lands were injured by earthquakes in Missouri, which may have 1815, ch. 45.
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, Proviso. Provided, That previous to making such new location, the legal owners
aforesaid shall relinquish to the United States all claim to the previous