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real estate shall be by bill in equity, verified by the oath or oaths of the party sell. How made, and proceedings or parties, in which all the facts shall be distinctly set forth, upon the exist- thereunder. ence of which it is claimed to be expedient that such sale should be decreed; which facts shall be proved by competent testimony. Such of the issue contemplated by the limitation as shall be in existence at the time of the application for the sale of such real estate, shall be made parties defendant to the bill, and if minors, by guardian ad litem, together with all who would take the estate in case the limitation over should never vest. Such of the parties defendant as shall be of the age of fourteen years or more shall answer in proper person, on oath, and all evidence shall be taken upon notice to the parties and to the guardian ad litem.

SEC. 3. And be it further enacted, That the proceeds of the sale of such real estate shall be held under the control and subject to the order of the Court, and shall be vested, under its order and supervision, upon real and personal security, or in government securities; and the same shall, to all intents and purposes, be deemed real estate, and stand in the place of the real estate from the sale of which such proceeds have arisen, and as such real estate, be subject to the limitations of the deed or will. This act shall be in force from its passage. APPROVED, August 18, 1856.

Disposition of proceeds.

CHAP. CLXIV.-An Act to authorize Protection to be given to Citizens of the United Aug 18, 1856. States who may discover Deposites of Guano.

citizens and not

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any citizen or Guano islands citizens of the United States may have discovered, or shall hereafter dis- discovered by cover, a deposit of guano on any island, rock, or key not within the law- belonging to othful jurisdiction of any other government, and not occupied by the citizens er countries,may of any other government, and shall take peaceable possession thereof, and be considered as appertaining to occupy the same, said island, rock, or key may, at the discretion of the the United President of the United States, be considered as appertaining to the States. United States: Provided, however, That notice be given by such discoverer Proviso. or discoverers, as soon as practicable, to the State Department of the United States, of such discovery, occupation, and possession, verified by affidavit, describing said island, rock, or key, and the latitude and longitude thereof, as near as may be, and showing that such possession was taken in the name of the United States, and that satisfactory evidence be furnished to the State Department that such island, rock, or key was not, at the time of the discovery thereof, or of the taking possession and occupation thereof by the claimants, in the possession or occupation of any other government or of the citizens of any other government.

cases.

SEC. 2. And be it further enacted, That the said discoverer or discov- Rights of diserers, or his or their assigns, being citizens of the United States, may be coverers in such allowed, at the pleasure of Congress, the exclusive right of occupying said island, rocks, or keys, for the purpose of obtaining said guano, and of selling and delivering the same to citizens of the United States, for the purpose of being used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship's tackle, a sum not exceeding eight dollars per ton for the best quality, or four dollars per ton in its native place of deposit: Provided, however, That no guano shall be taken from said island, rock, or key, except for the use of the citizens of the United States, or of persons resident therein, as aforesaid. And provided, also, That said discoverer or discoverers, or his or their assigns, shall first enter into bonds, with such penalties or securities as may be required by the President, to deliver the said guano to citizens of the United States, for the purpose of being used therein, and to none others, and at the price aforesaid, and to provide all necessary facilities for that purpose within a time to be fixed

Provisos.

in said bond. And any breach of the provisions thereof shall be taken and deemed a forfeiture of all rights accruing under and by virtue of this

act.

Transportation SEC. 3. And be it further enacted, That the introduction of guano of such guano, from such islands, rocks, or keys, shall be regulated as in the coasting how regulated. trade between different parts of the United States, and the same laws shall govern the vessels concerned therein.

United States

tain such islands.

SEC. 4. And be it further enacted, That nothing in this act contained not bound to re- shall be construed obligatory on the United States to retain possession of the islands, rocks, or keys, as aforesaid, after the guano shall have been removed from the same.

Land and naval forces may be SEC. 5. And be it further enacted, That the President of the United employed to en- States is hereby authorized, at his discretion, to employ the land and naforce said rights. val forces of the United States to protect the rights of the said discoverer or discoverers or their assigns, as aforesaid.

Provision SEC. 6. And be it further enacted, That until otherwise provided by against crimes on such islands. law, all acts done, and offences or crimes committed, on every such island, rocks, or keys, by persons who may land thereon, or in the waters adjacent thereto, shall be held and deemed to have been done or committed on the high seas, on board a merchant ship or vessel belonging to the United States, and be punished according to the laws of the United States relating to such ships or vessels and offences on the high seas; which laws, for the purposes aforesaid, are hereby extended to and over such islands, rocks, or keys.

APPROVED, August 18, 1856.

Aug. 18, 1856. CHAP. CLXV.-An Act to extend the Jurisdiction of the Corporation of the City of Washington over the lower Eastern Branch or Navy-yard Bridge, and to regulate Travel upon the upper Eastern Branch, or Benning's Bridge, and for other Pur

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poses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the bounds of the corporation of the City of Washington, be and the same are hereby extended so far as to comprehend the lower Eastern Branch, or Navy-yard bridge; and the said corporation is hereby empowered to adopt rules and regulations for the safety and security of property and of the persons crossing the said bridge.

SEC. 2. And be it further enacted, That it shall not be lawful for any person or persons to ride, drive or lead any horse, mule, or other animal over the wooden part of the upper Eastern Branch, or Benning's Bridge at a faster gait than a walk; or to discharge any gun or other firearm on or under the said bridge, or from the causeway leading thereto : and all persons violating either of the provisions of this section shall forfeit and pay, for each and every such offence, a penalty of not more than ten, nor less than five dollars, to be recovered in the name of the United States before any magistrate of the county of Washington and District of Columbia, the money when collected to be handed over to the levy court and by them applied to such repairs and improvements of the road, leading to the bridge, as from time to time may be required. APPROVED, August 18, 1856.

Aug. 18, 1856. CHAP. CLXVI. — An Act to fix the Graduation Periods for Lands in the Greensburg District, in the State of Louisiana.

Be it enacted by the Senate and House of Representatives of the United In Greensburg States of America in Congress assembled, That in classifying the undistrict the peri- sold and unappropriated public lands in the district of Greensburg, subods to be reck- ject to sale, in the State of Louisiana, under the act entitled, “ An act to

oned from time

66

graduate and reduce the price of the public lands to actual settlers and the land became cultivators," approved August fourth, eighteen hundred and fifty-four, the subject to prirespective periods therein referred to shall be computed from the dates on which the lands became subject to private entry, after the first or original offering of the same.

APPROVED, August 18, 1856.

vate entry.

1854, ch. 244.

CHAP. CLXVII. - An Act making Appropriations for Fortifications and other Works Aug. 18, 1856. of Defence, and for Repairs of Barracks and Quarters, for the year ending the thirtieth of June, eighteen hundred and fifty-seven.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be and they are hereby appropriated, out of any money in the treasury not otherwise appropriated, for the construction, preservation, and repairs of certain fortifications, barracks, and quarters, for the year ending the thir- Appropriations. tieth of June, one thousand eight hundred and fifty-seven.

For Fort Montgomery, outlet of Lake Champlain, twenty-five thou

sand dollars;

For Fort Knox, at the Narrows of the Penobscot River, Maine, sixty thousand dollars;

For Fort Winthrop, Governor's Island, Boston harbor, ten thousand dollars;

For Fort Richmond, at the Narrows, New York harbor, seventy-five thousand dollars;

For Fort Warren, Boston harbor, twenty thousand dollars;

For Fort Delaware, Delaware River, one hundred and fifty thousand dollars;

For Fort Carroll, Baltimore harbor, one hundred and fifty thousand dollars;

For Fort Calhoun, entrance to Hampton Roads, Virginia, fifty thousand dollars;

For Fort Sumpter, Charleston harbor, South Carolina, fifty thousand dollars;

For Fort Pulaski, Savannah River, Georgia, nineteen thousand dollars;

For Fort Clinch, entrance to Cumberland Sound, Florida, twenty-five thousand dollars;

For Fort McRee, and preservation of its site, Florida, twenty-five thousand dollars;

For Fort Barrancas, Pensacola harbor, Florida, twenty-five thousand dollars;

For Fort Gaines, Dauphin Island, Alabama, fifty thousand dollars; For Fort Taylor, Key West, Florida, one hundred and fifty thousand dollars;

For Fort Jefferson, Tortugas, Florida, one hundred and fifty thousand dollars;

For fortifications at Alcatraz Island, San Francisco Bay, California, two hundred thousand dollars;

For fortifications at Fort Point, entrance of San Francisco Bay, California, three hundred and fifty thousand dollars;

For repairs of Castle Pinckney, Charleston harbor, ten thousand dollars;

For repairs of Fort Jackson, Savannah River, fourteen thousand dol

lars;

For repairs of Fort Morgan, mouth of Mobile Bay, Alabama, twenty

five thousand dollars.;

For extension of Battery at Fort Jackson, Mississippi River, ten thousand dollars;

VOL. XI. PUB.-16

Contingencies.

For repairs and extension of Fort St. Philip, Mississippi River, thirty thousand dollars;

For contingent expenses of fortifications not herein mentioned, the preservation of sites, the protection of titles, and repairs of sudden damages to forts, thirty thousand three hundred dollars. APPROVED, August 18, 1856.

Aug. 18, 1856.

Alabama

CHAP. CLXVIII.—An Act to establish certain Post-Roads.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following be established as post-roads:

ALABAMA.

From Burnt-Corn, via Andalusia, Elba, Indigo Head, Hawkridge,
Westville, Daleville, Newton, Abbeville, to Fort Gaines, Georgia.
From Clayton, via Louisville, Justice's Store, Rocky Head, Haw-
Ridge, Indigo Head, to Elba.

From Burnt-Corn, in Monroe county, to Ft. Gaines, Georgia.
From Elba, via Old Town, to Almaranti, in Florida.

From Elba, via Indigo Head, and Rocky Head, to Louisville.
From Greenville via Starlington, to Sparta.

From Elba, via Indigo Head, Rockyhill, and Louisville, to Clayton.
From Greenville, via Milleville, Cook's Store, Greenland, to Elba.
From Genoa, via Barber's Ferry, to Andalusia.

From Andalusia to Williams' Mill, in Covington county.

From Eufala, via Fort Browden, Spring Hill, Enon, to Tuskagee.
From Jonesboro' to Mudd Creek.

From Jonesboro' to Waldrop's Mill.

From Fort Gaines, Georgia, via Abbeville, Newton, Daleville, Indigo Head, Elba, Andalusia, Sparta, to Burnt-Corn, Alabama.

From Louisville in Barbour county, via Justice's Store, Rocky Head, to Indigo Head, in Coffee county.

From Woodshop, in Dale county, to Newton.

From Elba, via Greenland, Cook's Store, Millville, to Greenville.
From Abbeville, via Flag Pond, to Big Creek, in Dale county.

From Andalusia, in Covington county, to Ucheanna, Florida.

From Perote, in Pike county, to Monticello.

From Mount Meigs, via Lime Creek, Bruceville, Arbor Vitæ, Perote, Indian Creek, to Mount Andrew.

From Waverly, via Home, to Wind Creek.

From Oxford, via Arbacoochu, Bowdon, and Cawatton, (Georgia,) to
Newman, (Georgia.)

From Benton, by Pleasant Hill, Cantonville, and Richmond, to Camden.
From Greenville, via Oaky Streak, to Andalusia.

From Marion, in Perry county, by Burrough's Ferry, on the Cahaba
River, Ford's Mill, and James Griffins, to Randolph, Bibb county.
From Abbeville, via Flag Pond, to Big Creek.

From Newton, via William Britt's and Barker's Mills, to Genoa.
From Andalusia to Uchee Anna, (Florida.)

From Beaverton to Orin Davis', (at Thornhill.)

From Eufaula, via Fort Browden, Springhill, Enon, to Tuskegee. From Winchester, on Mobile and Ohio Railroad, to Linden, Merango county, Alabama, via Jersey, Butler, Mount Sterling, and Tompkinsville, in Choctaw county, Alabama.

From Thornhill, Hancock county, to Moscow, Marion county, via Greene Haley's.

From the Lauderdale Springs, in the State of Mississippi, via Livings ton, in Sumpter county, Alabama, Demopolis, Spring Hill, Dayton, and

McKinley, in Marengo county, Orville, Cahaba, to Selma, in Dallas Alabama. county, Alabama.

From Oak Level, via Pumpkin Pile, Georgia, to Cedartown, Georgia. From Wetumpka, via Buycksville, Travellers' Rest, Weogufka, Marble Valley, Talladega Springs, and Fayetteville to Syllacogga.

From Columbiana via residences of James M. Walhn, Henry Webster, and E. Cook, to Crosswell.

From Asheville to Levi C. Blair's.

From Crawford, via Waughtula, to Society Hill.

From Van Buren to Asheville.

From Gadsden, via Fairview, Lookout Mountain, Hendrixville, to Bellefonte.

From Asheville, via Chesallyric, to Blountsville.

From Asheville, St. Clair county, to Blountsville, via Chepultepec, Blount county.

From Wedower, via Haywood, K. B. Shorts to Franklin, Georgia.
From Mount Meigl, via Line Creek, Bruceville, Arbor Vitæ, Perote,
Indian Creek, to Mount Andrew.

From Jacksonville via Nances Creek, to Cedartown, Georgia.
From Shippersville via Summer Hill, to Newton.

From Oak Bowery, via Kendall's X Roads, to Dudleyville.
From Newton to Woods hoss.

From Newton, (east of the river,) via Wm. Buitt's, Barker's Mill, to
Genoa.

From Perota, via Monticello, to Troy.

From Shippersville in Dale county, to Newton.

From Fredonia, via Hickory Flat, to Roanoke.

From Jasper, by Thornhill, to Russellville.

From Mobile, via Hollywood, to Donnelly's Mills, Baldwin county.
From Crawford, via Waughtula, to Society Hill.

ARKANSAS.

From Pocahontas, via Cherokee, to Poplar Bluffs, Missouri.

From Pocahontas, by James D. Cross', in Randolph county, to Doniphan, in Missouri.

From St. Charles, via De Witt, to Brownsville, in Prairie county.
From London to Jones', St. Francis county.

From Danville, up Dutch Creek, to Waldron.

From Desare, Prairie county, to Oakland, St. Francis county.

From Chienla, Yell County, via Pleasant Valley, Shoal's Creek, Morrison's Bluff, to Roseville, Franklin county.

From Mount Ida, Montgomery county, by Maddox Sulphur Springs and Big Bend, to Pautlier, Polk county.

From Desarc, in Prairie county, to Cotton Plant in St. Francis county.

From Holly Point, Ashley county, by Hazzard's Store, Newport, Cooper's Store, and D. P. Stevens', in Drew county, to Monticello.

From Hot Springs, via Howell's, P. P. Pytchlins, Robinson, in Polk county, Suckfata, and Wright's Ferry, on Red River, to Paris, in Lamar county, Texas.

From Pine Bluff, in Jefferson county, to Aberdeen in Prairie county. From Salmora, Izard county, to Locust Grove, in Leary county. From Pocahontas, in the State of Arkansas, via Cherokee Bay, to Poplar Bluffs, in the State of Missouri.

CALIFORNIA.

From Placerville to Genoa, Carson county, Utah Territory.

From Trinidad, in Kalamath county, by Orleans, Bar Forks of Salmon River, and Bestville, to Petersville.

Arkansas.

California.

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