to form evi

record the said plat, as examined, in a book or books, to be kept by him for that purpose.

SEC. 3. And be it further enacted, That Records of when such subdivision of any square or lot subdivisions shall be so certified, examined and record. dence of the ed, the purchaser of any part thereof, or any which they person interested therein, may refer to the were made. said plat and record for description, in the

manner in

Deficiency,

of excess, how to be

same manner as to squares and lots divided between the commissioners and original proprietors; and the ways, alleys or passages, laid out or expressed on such plat of subdivision, shall be and remain to the public, or subject to the uses declared by the person making such subdivision, at all times under the same police regulations as the alleys laid off by the commissioners on division with the proprietors.

SEC. 4. And be it further enacted, That whenever the surveyor of the said city shall apportioned. lay off any lot therein, or any of the parts into which a square or lot may be subdivided as aforesaid, he shall measure the whole of that front of the square on which such lot or part lies; and if, on such admeasurement, the whole front of the square exceeds or falls short of the aggregate of the fronts of the lots on that side of the square, as the same are recorded, he shall apportion such excess, or deficiency, among the lots or pieces on that front, agreeably to their respective dimensions. Whenever on such admeasurement, the wall of a house previously erected by any proprietor, shall appear to stand on the adjoining lot of any other person in part less than seven inches in width thereon, such wall shall be considered as standing al

together on the land of such proprietor, who shall pay to the owner of the lot on which the wall may stand, a reasonable price for the ground so occupied, to be decided by arbitrators or a jury, as the parties interested may agree; but if the wall of any house, already erected, cover seven inches or more in width of the adjoining lot, it shall be deemed a party wall, according to the regulations for building in said city, as promulgated by the President of the United States, and the ground so occupied, more than seven inches in width, shall be paid for as above. Which fact the surveyor shall ascertain and certify, Of and put on record at the request and expense of any person interested therein.

foundation

&c.

SEC. 5. And be it further enacted, That Surveyor to it shall be the duty of the surveyor to attend, examine the when requested, and examine the founda- or walls of tion or walls of any house to be erected, houses, &c. when the same shall be level with the street or surface of the ground, for the purpose of adjusting the line of the front of such building to the line of the street, and correctly placing the party wall on the line of division between that and the adjoining lot; and his certificate of the fact shall be admitted as evidence, and binding on the parties interested.

Fees to the

SEC. 6. And be it further enacted, That the surveyor shall be authorised to receive Surveyor. from the persons for whom he shall perform the services required by this act, the fees following, that is to say: For examining the plat and calculations of any subdivision of a square or lot twelve and an half cents for each of the lots or portions into which it may be subdivided: Provided, That no more shail be Proviso.

Proviso.

divisions,

kept.

paid for the lots in one square than one dol. lar and fifty cents; for examining any building and giving the certificate required by the fifth section of this act, and recording the sanie, one dollar and fifty cents; for record. ing any division or subdivision of any square or lots, for transcripts from records, and for searches in his office, the same fees that have heretofore been paid to the clerk of the coun ty: Provided, That they do not in any case exceed the fee hereby allowed for examination.

SEC. 7. And be it further enacted, That Records of all records of the division of squares and lots where to be heretofore made between the public and original proprietors, or which are authorised by this act, shall be kept in the office of the surveyor of the city, and a transcripts there. from, certified by him, shall be evidence equally valid with certified transcripts from the keeper of the office for recording deeds for the conveyance of land in the county of Washington.

Public proSic. 8. And be it further enacted, That perty may be whenever the President of the United States subdivided by direction shall deem it necessary to subdivide any of the Presi- square or lot belonging to the United States

dent.

within the city of Washington, which may not have been reserved for public purposes, into convenient building lots, pieces or por tions for sale and occupancy, and alleys for their accommodation, he may cause a plat to be made by the survey or of the city in the manner prescribed in the first section of this act, which plat shall be recorded by the said surveyor, and the provisions of this act shall extend to the lots, pieces and parcels of

ground contained in such plat as fully as to subdivisions made by individual proprietors.

SEC. 9. And be it further enacted, That the surveyor of the city of Washington, before entering upon the discharge of the duties required of him by this act, shall take an oath or affirmation before the mayor of the city of Washington, that he will faithfully and impartially perform the duties herein before required of him.

J. B. VARNUM, Speaker of the House of Representatives.

GEO: CLINTON,

Vice-President of the United States, and President of the Senate.

January 12, 1809.

APPROVED,

TH: JEFFERSON.

CHAPTER LXXVI.

An ACT supplemental to an act, entitled "An act for extending the terms of credit on revenue bonds in certain cases, and for other purposes."

BE

E it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the payment of all bonds given, subsequent to the date of the act to which this act is a sup

Dd

duties in cer

tain cases

plement, for duties on coffee, sugar, pepPayment of per, indigo, cocoa, and wine paying a duty of twenty-three cents per gallon, and which suspended. remain unpaid, or for the same articles which may arrive hereafter in any of the ports of the United States, and whilst the act entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," shall continue in force, may be suspended, subject however in all respects to the conditions and provisions made and provided in the act of the tenth of March, one thousand eight hundred and eight, to which this act is a supplement: Provided, That nothing herein contained shall be construed to extend to importations made in vessels dispatched under permissions granted by the President of the United States in pursuance of powers in him vested by the seventh section of the act, entitled "An act in addition to the act entitled, "An act supplementary to the act, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States."

Proviso.

SEC. 2. And be it further enacted, That Monies to be if the amount of any bond given for the paywhat cases. ment of duties on the importation of coffee,

refunded. In

sugar, pepper, indigo, cocoa or wine paying a duty of twenty-three cents per gallon, madé subsequent to the passage of the act to which this is a supplement, and which bond would by virtue of this act have been entitled to an extension of credit, shall have been previously paid, the money so paid Conditions. shall, by the proper collector, be refunded to the person or persons who shall have paid the same, or to his, her, or their agent or

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