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tract reserved, tract of land of six miles square, reserved for the benefit of that Proviso; the state, at the Scioto salt springs: Provided, That the section so section not to selected shall not include the said salt springs, and that the mosalt springs, ney arising from the sale of the aforesaid section shall be appliand the mon- ed to the erection of a courthouse, or other public buildings, ey to be appli- thereon, for the use of the county of Jackson, in said state; and

include the

ed to the

president, in

trust.

erection, &c. whenever the selection and sale of the said section of land shall A patent to be have been made, and the same shall be duly certified to the granted by the commissioner of the general land office, a patent shall be granted by the president of the United States, for the said section, in trust, to such person or persons as the legislature of the state shall have appointed and anthorized to sell and execute titles to the purchaser of the land aforesaid. [Approved, April 16, 1816.]

Vol. iii. p. 1647. 1746.

Widows and children of

in service dur

pay for five years.

If the widow

dies or mar

ries, the half

pay goes to the children.

Proviso; as to

CHAP. 55. An act making further provision for military services during the late war, and for other purposes.

§ 1. Be it enacted, &c. That, when any officer or private solofficers and dier of the militia, including rangers, sea fencibles, and volunprivate sold-, teers, or any noncommissioned officer, musician, or private, eniers, who died listed for either of the terms of one year or eighteen months, or ing the war of any commissioned officer of the regular army, shall have died 1812, &c. to receive half while in the service of the United States, during the late war, or in returning to his place of residence, after being mustered out of service, or who shall have died at any time thereafter, in consequence of wounds received whilst in the service, and shall have left a widow, or, if no widow, a child or children, under sixteen years of age, such widow, or, if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years; and, in case of death or intermarriage of such widow before the expiration of said five years, the half pay for the remainder of the time shall go to the child or children of said decedent: Provided always, That the forms of evi- secretary of war shall adopt such forms of evidence in applicadence. tions under this act as the president of the United States may Proviso; offi- prescribe: Provided also, That the officers and private soldiers cers and pri- of the militia, as aforesaid, who have been disabled by wounds. or otherwise, while in the service of the United States, in the wounds, &c. discharge of their duty during the late war, shall be placed on to be placed the list of pensioners in the same manner as the officers and solon the pension list like regu- diers of the regular army, under such forms of evidence as the Proviso; the president of the United States may prescribe: Provided also, provisions of That the provisions of this act shall not extend to any person embraced in the provision of an act, entitled "An act to prosons entbrac- vide for the widows and orphans of militia slain, and for militia disabled, in the service of the United States," passed the second 1372. day of August, one thousand eight hundred and thirteen. The guardians 2. That when any noncommissioned officer, musician, or prisioned officers Vate soldier, of the regular army of the United States, shall have and soldiers, been killed in battle, or have died of wounds or disease, while in killed in battle the service of the United States, during the late war, and have left a child or children under sixteen years of age, it shall be lawful for the guardian of such child or children, within one year from the passing of this act, to relinquish the bounty land to which

vates of militia

disabled by

lars.

this act not to

extend to per

ed, &c.

Vol. ii. p.

of noncommis

who have been

or died of

wounds, &c.

Vol. in. p.

rant has issued, the guar

such noncommissioned officer, musician, or private soldier, had he survived the war, would have been entitled; and, in lieu thereof, to receive half the monthly pay to which such deceased person was entitled at the time of his death, for and during the term of five years, to be computed from and after the seventeenth day of February, one thousand eight hundred and fifteen; the pay- 1746. 1647. ment thereof to be made when and where other military pensions are or shall be paid; and where a warrant for the military bounty Where a warland aforesaid shall have been issued to or for the use of the child or children of any such deceased noncommissioned officer, musi- dian may sur cian, or private soldier, such child or children, or either of them, being under sixteen years of age, it shall be lawful for the guardian of such minor or minors, to surrender and deliver such warrant into the office for the department of war, within one year from the passing of this act; of which surrender and delivery the Notice of sur secretary, of that department shall give notice to the secretary of render to the the treasury, who shall thereupon give the requisite orders for the the treasury, payment of the half pay hereby provided for.

render it.

secretary of

&c.

enlisted to

above 45 or

3. That all soldiers who have been enlisted to serve for five Soldiers who years or during the war, and were above the age of forty-five, or serve for fiveunder the age of eighteen, years, who have faithfully served dur- years or during the late war, and have been regularly discharged, and the ing the war, representatives of such soldiers as shall have died whilst in the under 18, havservice of the United States, and all soldiers who have been en- served and ing faithfully listed, and have faithfully served during the late war, until they been regularhave been promoted to the rank of commissioned officers, who, if y discharged, they had served during the war under their enlistment, and been &c. regularly discharged, would have been entitled to a bounty in land, shall be entitled to one hundred and sixty or three hundred and twenty acres of land, according to the term of enlistment; the warrants and patents to issue in the same manner as in the Warrants and case of soldiers enlisted of proper age, and discharged under patents to issimilar circumstances.

&c. entitled,

sue, &c.

2,000,000 of

tional to be surveyed, &c.

4. That, for the purpose of carrying the provisions of this The president act into effect, and other acts giving bounty lands to soldiers of to cause the regular army, the president of the United States is hereby acres addiauthorized to cause to be surveyed and laid off in one or more surveys, two millions of acres, not otherwise appropriated, in addition to the appropriations of lands by the act of May the sixth, Vol. ii. p. one thousand eight hundred and twelve, for designating, surveying, and granting, military bounty lands according to the provisions of said act.

1243.

5. That no transfer of land, granted in virtue of this or any No transfer of bounty land other law, giving bounties of land to the noncommisssoned offi- valid until cers, musicians, and privates, enlisted during the late war, shall after the issue and delivery of be valid, unless the contract or agreement therefor, or letter of the persons entitled. attorney, giving power to sell or convey, shall have been executed after the patents shall be issued and delivered to the persons entitled thereto. [Approved, April 16, 1816.]

CHAP. 56. An act in addition to an act, entitled "An act in relation to the navy pension Vol. ii. p. 943.

fund."

sales of prizes

§ 1. Be it enacted, &c. That, in all cases of prizes captured by Proceeds of the public armed ships of the United States, which shall be sold captured by

and the clerk

same, &c.

When the prizes are condemned,

public armed under the order of the proper prize court, by interlocutory or ships, to be paid by the final decree, it shall be the duty of the marshal of the United marshal into States making the sale, to pay the proceeds thereof into the rethe registry of the court with- gistry of the proper court, within thirty days after such sale shall in thirty days, be made and closed; and immediately upon the payment into immediately the registry of the proceeds as aforesaid, it shall be the duty of to deposite the the clerk of the court to deposite the same in some bank, to be designated by the judge or judges of the court, subject to the order and distribution of the court as in other cases; and when the said prizes shall have been duly condemned, it shall be the duty the court is to of the court to direct the share of such prizes belonging to the United States to be forthwith carried, in the account with such United States bank, to the credit of the treasurer of the United States, on account of the navy pension fund, and copies of the certificate of such deposite and credit shall be thereupon transmitted to the treasurer of the United States and to the secretary of the navy, The share of as soon as may be, by the clerk of such court; and the share of the captors to such prizes belonging to the captors, deposited as aforesaid, shall be paid over upon order of be paid over to the parties entitled, or to their authorized agent judgo. or agents, upon the order of the proper court in term, or of the judge or judges of such court in vacation.

direct the

share of the

to be, &c.

the court or

Marshals and

tle their ac

cases within

the court as

ent time.

§ 2. That it shall be the duty of the marshals of the several clerks to set districts of the United States, and of the clerks of the respective counts in prize courts of the United States, to state and settle their respective 60 days after accounts in all cases of prizes captured as aforesaid, specifying final adjudica- therein all costs and charges taxed, claimed, and paid, by them, tion, unless and to submit the same to the proper court having cognizance signs a differ- thereof, for examination and allowance, within sixty days after a final adjudication of such causes, unless a different time shall be The courts in assigned by such court; and thereupon such courts in term, or term, or judges any judge thereof in vacation, may proceed summarily to hear, may summari- examine, and allow, the same accounts; and, after such allowly examine ance, one copy of the same accounts shall be filed among the accounts; a records of the court, and another copy shall be transmitted, by copy of which, the clerk of the court, to the secretary of the navy, within thirty days after the allowance thereof.

in vacation,

and allow the

&c.

mit to the se

District attor- 3. That it shall be the duty of the district attorneys of the neys to trans- respective districts of the United States, to transmit to the secretary of the cretary of the navy a statement of all prizes captured as aforenavy a state- said, which shall be libelled, condemned, or restored, at each ment of prizes captured, con- term of the district and circuit courts, within their respective demned or re- districts, as soon as may be after the conclusion of each term, and to accompany such list with a schedule and invoice of the various articles composing the cargoes of such prizes.

stored, &c.

The courts

issue moni

shals and

4. That the respective courts of the United States, before empowered to whom a libel against any prizes captured as aforesaid shall be tions to com- pending, or by whom a decree of condemnation and distribution pel the mar- of such prizes shall have been awarded, shall have full power clerks to obey and authority, in the exercise of their admiralty and maritime jurisdiction, to issue a monition, and other proper process, to compel the marshal and clerk to perform and obey the requisitions of this act; and upon the complaint of the United States, hear and ex- or any person interested in the premises, summarily to hear and

the requisi

tions of this

act.

And may summarily

amine,

examine the same, and to make such award, order, and decree, and decree actherein, as to justice and law shall appertain. And if the mar- tic. cording to jusshal or clerk shall wilfully refuse, or unreasonably neglect, to The marshal perform and obey any of the requisitions of this act, the party so or clerk, nerefusing or neglecting shall further forfeit and pay to the United fusing to obey, glecting or re States the sum of five hundred dollars for every such refusal or &c. forfeits neglect.

500 dolls.

ant of the na

allowed 300

5. That there shall be allowed to the accountant of the na- The accountvy department, for his extra services in collecting, stating, and vy department settling, the accounts of prize money belonging to the navy pen- dolls. per ann. sion fund, the annual sum of three hundred dollars, to be paid for extra serquarterly yearly, out of the navy pension fund.

vices, &c.

sent their ac

§ 6. That wherever sales of prizes captured as aforesaid, have been made before the passing of this act, and the proceeds thereof have not been paid into the registry of the proper court, or finally distributed under its order, it shall be the duty of the mar- Marshals to shal who made the sale, within six calendar months from the account for sales of prizes passing of this act, or such shorter reasonable time as may be prior to this assigned by the court, or the judge or judges thereof, to pay into act within six the registry of the court the proceeds of such sale, with a written sooner if diaccount of the costs and charges attending the same, and to subrected by the court, &c. mit the same account for examination and allowance to the court, or the judge or judges thereof; and in like manner it shall be Clerks to prethe duty of the respective clerks of the district courts, within six counts of fees calendar months from the passing of this act, or such shorter rea- and charges sonable time as may be assigned by the proper court, or the months, or judge or judges thereof, to present to such court, or the judge sooner if reor judges thereof, for examination and allowance, a particular court, &c. account of their fees and charges, in all cases of prizes captured as aforesaid, where such account has not been already presented and allowed; and after such account shall be examined and allowed, it shall be filed among the records of the court, and a copy thereof, duly attested, shall be transmitted by the clerk of the court to the secretary of the navy; and if any marshal.or clerk shall neglect or refuse to perform the duties herein requir- glect or refuse, cd, he may be proceeded against in the proper court, in the man- they may be ner provided in the fourth section of this act.

within six

quired by the

After accounts

have been allowed they are copies sent,

to be filed, and

&c.

If the marshal or clerk ne

proceeded against.

where the

scamen, and

for their sub

7. That in cases where the allowance of the half monthly In cases pay, which may now be granted by law, to officers, seamen and half monthly marines, disabled in the service of the United States, shall, in pay to officers, the opinion of the commissioners of the navy pension fund, from marines, is the nature and extent of the disability, and the situation of the not sufficient party disabled, be inadequate to his necessary subsistence, the sistence, it said commissioners shall be, and hereby are, authorized, in their may be indiscretion, to increase such allowance, to any sum not exceeding 'not to exceed the full amount of the monthly pay to which the party so disa- full pay. bled was by law entitled in the said service. [Approved, April 16, 1816.]

CHAP. 57. An act to enable the people of the Indiana territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states.

creased, but

ants of Indiana

$1. Be it enacted, &c. That the inhabitants of the territory of The inhabitIndiana be, and they are hereby, authorized to form for them- authorized to VOL. III.

177

tution, &c. assume such

form a consti- selves a constitution and state government, and to assume such name as they shall deem proper; and the said state, when formname, as, &c. ed, shall be admitted into the Union upon the same footing with the original states, in all respects whatever.

Admitted 11th Dec. 1816. Boundaries of the state. Vol. iv. p. 2443.

2. That the said state shall consist of all the territory included within the following boundaries, to wit: bounded on the east, by the meridian line which forms the western boundary of the state of Ohio; on the south, by the river Ohio, from the mouth of the Great Miama river to the mouth of the river Wabash; on the west, by a line drawn along the middle of the Wabash, from its mouth to a point where a due north line drawn from the town of Vincennes would last touch the northwestern shore of the said river; and from thence, by a due north line, until the same shall intersect an east and west line, drawn through a point ten miles north of the southern extreme of lake Michigan; on the north by the said east and west line, until the same shall intersect the first mentioned meridian line which forms the western Proviso; if the boundary of the state of Ohio: Provided, That the convention convention of hereinafter provided for, when formed, shall ratify the boundaIndiana ratify the bounda- ries aforesaid; otherwise they shall be and remain as now preries. scribed by the ordinance for the government of the territory Proviso; the northwest of the river Ohio: Provided, also That the said state stato to have shall have concurrent jurisdiction on the river Wabash, with the state to be formed west thereof, so far as the said river shall form a common boundary to both.

concurrent jurisdiction on the Wabash.

Qualifications of electors to choose repre

form a conven

tion.

Apportion

ment of repre

sentatives amongst the

counties.

3. That all male citizens of the United States, who shall have arrived at the age of twenty-one years, and resided within sentatives to the said territory at least one year previous to the day of election, and shall have paid a county or territorial tax; and all persons having, in other respects, the legal qualifications to vote for representatives in the general assembly of the said territory, be, and they are hereby, authorized to choose representatives to form a convention, who shall be apportioned amongst the several counties within the said territory according to the apportionment made by the legislature thereof at their last session to wit: from the county of Wayne, four representatives; from the county of Franklin, five representatives; from the county of Dearborn, three representatives; from the county of Switzerland, one representative; from the county of Jefferson, three representa-ives; from the county of Clark, five representatives; from the county of Harrison, five representatives; from the county of Washington, five representatives; from the county of Knox, five representatives; from the county of Gibson, four representatives; from the county of Posey, one representative; from the county of Warrick, one representative; and from the county of Perry, one representative. And the election for the representatives aforesaid shall be be holden on the second Monday of May, one thousand eight hundred and sixteen, throughout the several counties in the said territory; and shall be conducted in the same manner, and under the same penalties, as prescribed by the laws of said territory regulating the elections therein for members of the house of representatives.

Convention to meet at the

4. That the members of the convention, thus duly elected,

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