Be it further enacted, That the General Assembly reserves to itself at any future session thereof, without the consent of Congress, to change, alter, or amend this act: Provided, That the same shall not be so changed, altered, or amended, as to reduce or increase the rates of toll hereby established, below or above the sum necessary to defray the expenses incident to the repair and preservation of said road, to the erection of gates and toll-houses thereon, and for the payment of the fees or salaries of the superintendent, the collector of tolls, and of such other agents as may be necessarily employed in the preservation and repair of the said road, according to the true intent and meaning of this act.

Be it further enacted, That directors shall be set up at proper and convenient situations, to caution all conductors and drivers of carriages or wagons on the road, as aforesaid, that they shall always pass on the left of each other, under the penalty of five dollars for every offence; and there shall also be set up, at some conspicuous place at each gate, a board on which shall be legibly printed the rates of toll as is provided for in this act; and if any toll collector shall unreasonably delay or hinder any passenger or traveller at ahy of the gates, or shall demand or receive more toll than is by this act established, he shall, for each and every such of fence, forfeit and pay to the party aggrieved, the sum of ten dollars.

Be it further enacted, That if any person shall purposely and maliciously deface, or otherwise injure any of the milestones, parapet walls, culverts, or bridges, or any masonry whatsoever, or any of the gates or toll-houses of, or belonging to the said Cumberland road, in this state, as the same is now constructed, or may hereafter be constructed, every person so offending, upon conviction thereof, or judgment, information, or presentment, in the county or superior court of Ohio county, be fined in a sum not exceeding five hundred dollars, or imprisonment in the jail of the county not exceeding six months, or both, at the discretion of the court; and if any person shall purposely fill, choke or otherwise obstruct any of the side drains, valleys, gutters, or culverts of said road now made, or hereafter to be made, or shall connect any private road or cartway with said Cumberland road, or if any surveyor of a county road shall connect the same with the said Cumberland road, without making at the point of connection, a stone culvert or paved valley, or other good and sufficient fixture so as o secure a free passage for the water along such side drain

where such private or county road or cart. way connects with said Cumberland road, and so as to secure such Cumberland road from injury by reason of such county or private road, or way, being connected with said Cumberland road, every person so of fending shall upon conviction thereof, be, for every such offence, fined in a sum not less than five dollars, nor more than twenty dollars; and if any person shall stand his wagon and team, or either of them, over night upon the pavement of said road now made, or which may hereafter be made, or shall at any other time stand a wagon and team, or either of them, upon the said pavement for the purpose of feeding, or if he shall, in any other manner, purposely and wilfully obstruct the travel upon said road, or if he shall fast-lock or rough-lock either of the wheels of any wagon, coach, chaise, gig, sulky, carriage, or other two or four wheeled vehicle while travelling upon said road as now made, or as it may hereafter be made, (excepting, howevei, such parts of said road as may be, at the time of said locking, covered with ice,) every person so offending shall, upon conviction thereof, be fined in a sum not less than two, nor more than twenty dollars.

Be it further enacted, That all fines, penalties, and forfeitures, incurred under the provisions of this act, may be recovered by presentment or indictment in the county or superior courts of Ohio county, or by information or action of debt in the name of the governor, for the use of said road fund, in the same courts; or, the said fines, penalties and forfeitures, where the same shall be less than twenty dollars, may be recovered by action of debt in the name and for the use aforesaid, before any justice of the peace for Ohio county; but an appeal may be had, as in other cases, to the next monthly court of Ohio county, from the judgment of any justice of the peace, when the same shall be a greater sum than five dollars, exclusive of costs, and it shall be the duty of the superintend ent and collectors of tolls to prosecute all offences against the provisions of this act, and he or they shall not be liable for costs where the person or persons prosecuted shall be acquitted, unless the court or justice will certify that the prosecution is groundless and without good cause.

Be it further enacted, That if more than one gate be erected upon said road, it shall be lawful for any person, desirous to do so, to pay the whole toll at any one gate, and thereupon, the collector shall grant him a proper certificate thereof, which certificate shall be a sufficient warrant to procure his passage through the other gate.

Be it further enacted, That this act shall not have any force or effect till the government of the United States shall assent to the same.

VIRGINIA, Richmond city, to wit:

1, George W. Mumford, Clerk of the House of Delegates, and Keeper of the Rolls of Virginia, do certify that the foregoing is a true copy of an act concerning the Cumberland road, passed February the seventh, eighteen hundred and thirty

two.

Given unde my hand, this thirteenth day of February, eighteen hundred and thirty-two.

CHAP. 79. An Act to secure to mechanics and others payment for labour done and materials furnished in the erection of buildings in the district of Columbia.

SECT. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all and every dwelling-house or other building, hereafter constructed and erected within the city of Washington, in the town of Alexandria, or Georgetown, in the district of Columbia, shall be subject to the payment of the debts contracted for or by reason of any work done or materials found and provided by any brickmaker, bricklayer, stone-cutter, mason, lime merchant, carpenter, painter and glazier, ironmonger, blacksmith, plasterer, and lumber merchant, or any other person or persons employed in furnishing materials for, or in erecting and constructing such house or other building, before any other lien which originated subsequent to the commencement of such house or other building. But if such dwelling house or other building, or any portion thereof, shall have been constructed under contract or contracts, entered into by the owner thereof, or his or her agent, with any person or persons, no person who may have done work for such contractor or contractors, or furnished materials to him, or on his order or authority, shall have or possess any lien on said house or other building, for work done or materials so furnished, unless the person or persons employed by such contractor to do work on, or furnish materials for such building, shall within thirty days after being so employed, give notice in writing to the owner or owners of such building, or to his or their agent, that he or they are so employed to work or to furnish materials, and that they claim the benefit of the lien granted by this act. And if such house Dod

or other building should not sell for a sum sufficient to pay all demands for such work and materials; then, and in such case, the same shall be averaged, and each of the creditors paid a sum proportionate to their several demands: Provided, always, That no such debt for work and materials shall remain a lien on the said houses or other buildings longer than two years from the commencement of the building thereof, unless an action for the recovery of the same be instituted, or the claim filed within three months after performing the work or furnishing the materials, in the office of the clerk of the court of the county in which the building shall be situated: And provided also, That each and every person, having received satisfaction for his or their debt, for which a claim has been or shall be filed, or action brought as aforesaid, shall, at the request of any person interested in the building on which the same was a lien, or in having the same lien removed, or of his or their legal representative, on payment of the costs of the claim or action, and on tender of the costs of office for entering the satisfaction, within six days after such request made, enter the satisfaction of the claim in the office where such claim was or shall be filed, or such action brought, which shall for ever thereafter discharge, defeat and release the same; and if such persons having received such satisfaction as aforesaid, by himself or his attorney, shall not, within six days after request and payment of the costs of the claim or action, and tender as aforesaid, by himself or his attorney duly authorized, enter satisfaction as aforesaid, he, she or they neglecting or refusing so to do, shall forfeit and pay unto the party or parties aggrieved, any sum of money, not exceeding one half of the debt, for which the claim was filed, or action brought as aforesaid, to be sued for and demanded by the person or persons indemnified, in like manner as other debts are now recovered by the existing laws for the recovery of debts.

SECT. 2. And be it further enacted, And in all cases of lien created by this act, the person having a claim filed agreeably to its provisions, may, at his election, proceed to recover it by personal action, according to the nature of the demand against the debtor, his executors or administrators, or by scire facias against the debtor, or owner of the building; and where the proceedings are by scire facias, the writ shall be served in like manner as a summons upon the persons named therein, if to be found within the county, and if not found within the county, then by fix

ing a copy of the writ upon the door of the building against which the claim is filed; and upon the return of service and failure of defendants to appear, the court shall render judgment as in case of a summons; but if they, or either of them appear, they may plead and make defence, and the like proceedings shall be had as in personal actions for the recovery of debts: Provided, That no judgment rendered in such scire facias shall warrant the issuing an execution, except against the building or buildings upon which the lien existed as aforesaid.

CHAP. 80. An Act to authorize the county commissioners for the county of Peoria, in the state of Illinois, to enter a fractional quarter section of land for a seat of justice, and for other purposes.

CHAP. 81. An Act authorizing an alteration in the election districts for members of the Legislative Council of the territory of Michigan.

SECT. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Legislative Council of the territory of Michigan be, and hereby is authorized to provide for such alterations in the election districts of said territory as will more effectually secure to the different sections of said territory a more equal representation in said Legislative Council.

SECT. 2. And be it further enacted, That if the said Legislative Council shall have adjourned before the first day of April next, the Governor of said territory shall, by proclamation, district the said territory according to the provisions of the foregoing section.

CHAP. 82. An Act supplementary to an

act, entitled "An act concerning a seminary of learning in the territory of Arkansas," approved the second of March, eighteen hundred and twenty

seven.

CHAP. 83. An Act supplemental to the

act entitled "An act for the final adjustment of the land claims in Missouri."

SECT. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the act to which this is a supplement, shall be extended to and embrace in its operations, every claim

to a donation of land in the state of Missouri, held in virtue of settlement and cultivation; and the commissioners appointed under the above recited act, shall proceed to consider, decide and report upon the aforesaid claims, under the provisions of the several acts of Congress heretofore passed in relation to said claims, and under such provisions and restrictions of the act to which this is a supplement, as may be applicable thereto.

SECT. 2. And be it further enacted, That it shall and may be lawful for the Recorder and Commissioners aforesaid, to continue to take the testimony of all such claims as heretofore described, for and during the term of two years from the date of the act to which this is a supplement, any law to the contrary notwithstanding. Approved, March 2, 1833.

CHAP. 84. An Act authorizing the re

moval of the office of Surveyor General of Public Lands, south of Ten

nessee.

CHAP. 85. An Act granting certain city lots to the president and directors of the Georgetown College in the district of Columbia.

CHAP. 86. An Act to amend an act entitled "An act to grant a quantity of land to the state of Illinois, for the purpose of aiding in opening a canal to connect the waters of Illinois river with those of lake Michigan," and to allow further time to the state of Ohio for commencing the Miami canal from Dayton to lake Erie.

CHAP. 87. An Act to incorporate the

Georgetown Free School and Orphan Asylum, in the district of Columbia. CHAP. 88. An Act to authorize the

President of the United States to cause the public surveys to be connected with the line of demarcation between the states of Indiana and Illinois.

CHAP. 89. An Act further to extend the powers of the board of Canal Commissioners for the improvement of the 'Tennessee river, in the state of Alabama.

CHAP. 90. An Act prescribing the

mode by which patents for Public Lands shall be signed and executed.

SECT. 1. Be it enacted by the Senate

and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the President of the United States, by and with the advice and consent of the Senate, to appoint a Secretary, with a salary of one thousand five hundred dollars per annum, whose duty it shall be, under the direction of the. President, to sign in his name, and for him, all patents for lands sold or granted under the authority of the United States.

SECT. 2. And be it further enacted, That this act shall continue and be in force until the fourth day of March, one thousand eight hundred and thirty-seven, and no longer.

Approved, March 2, 1833.

CHAP. 91. An Act to revive the act entitled "An act supplementary to the several laws for the sale of public lands.".

SECT. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in which persons were settlers or occupants of the public land prior to the first day of May, one thousand eight hundred and thirty-two, and were authorized to enter under the provisions of the act entitled "An act supplementary to the several laws for the sale of public lands," approved April fifth, one thousand eight hundred and thirty-two, and were prevented from making their entries, in consequence of the public surveys not having been made and returned, or where the land was not attached to any land district, or where the same has been reserved from sale in consequence of a disputed boundary between two states, or between a state and territory, the said occupants shall be permitted to enter the said lands on the same conditions, in every respect, as were prescribed in said act, within one year after the surveys are made, or the land attached to a land district, or the boundary line established; and if the land shall be proclaimed for sale before the expiration of one year as aforesaid, then the said settlers or occupants shall be permitted to enter before the sale thereof.

Approved, March 2, 1833.

CHAP. 92. An Act to establish a town

at St. Marks, Florida,

SECT. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be and he is hereby authorized to cause so

much of the public lands at or near St. Marks, in the territory of Florida, as he may deem proper, to be laid off in town lots, not to contain more than one quarter of an acre each, and into streets, avenues and out lots and public squares, for the use of the town, and whenever the survey of the same shall be completed, it shall be the duty of the surveyor for the territory of Florida, to cause two plats thereof to be made out, on which the town and out lots shall respectively be designated by progressive numbers; one of which shall be transmitted, with a copy of the field notes, to the Commissioner of the General Land Office, and the other to the Register of the land office for the proper district: Provided, That the President may adopt, if he shall approve, such plan as may have been already reported to the General Land Office.

SECT. 2. And be it further enacted, That the aforesaid town and out lots at said site, with the exception of such of them as the President may reserve for fortifications, shall be offered for sale to the highest bidder, under the direction of the register and receiver of the proper land of fice, at such times and places as the President shall, by public proclamation, designate for that purpose; and all lots remaining unsold at the closing of the public sales shall be subject to entry at private sale at the proper land office: Provided, That no town lot shall be sold for less than twenty five dollars, nor any out lot for less than at the rate of twenty-five dollars per acre; and they shall, in every other respect, be sold on the same terms and conditions as are provided for the disposal of the other public lands of the United States.

SECT. 3. And be it further enacted, That previous to offering the aforesaid town and out lots at public sale, the President of the United States shall cause the value of any improvements which may have been made thereon to be ascertained in such a manner as he may prescribe for that purpose; and the purchaser at public sale of any lot upon which there are such improvements, other than the owner thereof, shall, in addition to the sum to be paid to the United States, be, and hereby is, required to pay to the owner of the improvements, the value of them as thus ascer tained; and, if payment therefor shall not be made upon the day on which the same was purchased, the lot shall be again offered at public sale on the next day of sale, and such person shall not be capable of be coming the purchaser of that or of any other lot offered at that public sale: Provi ded, That, if any lot so offered and bid off

on the last day of the public sale shall not be thus paid for, the same may be entered at private sale, upon paying to the United States the sum at which it was bid off, and to the owner of the improvements the previously ascertained value thereof: And provided further, That the President be not authorized to offer any part of said town lots for sale, till he shall be satisfied that the site proposed for said town is not included within the limits of any conflicting Spanish title, which may not be released or decided to be invalid.

CHAP. 93. An Act granting an additional quantity of land for the location of revolutionary bounty land

warrants.

CHAP. 94. An Act to extend the provisions of the act of the third March, one thousand eight hundred and seven, entitled "An act to prevent settlements being made on lands ceded to the United States, until authorized by law."

SECT. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all offences prescribed in the fact, entitled "An act to prevent settlements being made on lands ceded to the United States until authorized by law," approved the third of March, one thousand eight hundred and seven," when committed upon public lands not situated within any state or organized territorial government, shall be cognizable in the District Court of the United States held in the state nearest where the said offence may have been committed: and the offenders upon conviction, shall be punished accordingly. And the said court shall also have jurisdiction to hear and determine all suits or

prosecutions, instituted for the recovery of all fines and penalties imposed by the

said act.

SECT. 2. And be it further enacted, That it shall be lawful for the President of the United States, to direct the Indian Agents at Prairie du Chien and Rock Island, or either of them, when offences against the said act shall be committed on lands recently acquired by treaty from the Sac and Fox Indians, to execute and perform all the duties required by the said act to be performed by the Marshals, in such mode as to give full effect to the said act, in and over the lands acquired as aforesaid.

the Convention between the United States and his majesty the King of the Two Sicilies, concluded at Naples on the fourteenth day of October, one thousand eight hundred and thirty

two.

SECT. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States, by and with the advice and consent of the Senate, shall appoint three Commissioners, who shall form a board, whose duty it shall be to receive and examine all claims which may be presented to them under the Convention between the United States and the King of the Two Sicilies of the fourteenth day of October, one thousand eight hundred and thirty-two, which are provided for by the said Convention, according to the provisions of the same, and the principles of justice, equity, and the law of nations. The said board shall have a Secretary, versed in the French and Italian languages, and a clerk, both to be appointed by the President, by and with the advice and consent of the Senate: And the commissioners, secretary and clerk, shall, before they enter on the duties of their offices, take oath well and faithfully to perform the duties thereof.

SECT. 2. And be it further enacted, That the said Commissioners shall be, and they are hereby, authorized to make all needful rules and regulations, not contravening the laws of the land, the provisions of this act, or the provisions of the said Convention, for carrying their said commission into full and complete effect.

SECT. 3. And be it further enacted, That the members of the board so constituted shall meet at the city of Washington, and t'eir salaries shall begin to be allowed within thirty days after the exchange of the ratifications of the Convention shall have been proclaimed by the President of the United States; and, within one year from the time of said meeting, they shall terminate their duties. And the Secretary of State is required as soon as the said proclamation of the President shall have been made, to give notice of the said meeting: to be published in two newspapers in Washington, and in such other papers as he may think proper.