(ACT of February 4th, 1791.) War having been recognized to exist between Spain and her colonies, by the government of the United States, it is the duty of the courts of the United States, when a capture is made by either of the belligerent parties without any violation of our neutrality, and the captured prize is brought innocently within our jurisdiction, to leave things in the same state they find them, and restore them to the state from which they had been forcibly removed by the act of our own citizens. id. 502. KENTUCKY, ACT of February 4, 1791. 2 Bioren, 191. An act declaring the consent of congress, that a new state be formed within the jurisdiction of the commonwealth of Virginia, and admitted into this union, by the name of the state of Kentucky. Whereas the legislature of the commonwealth of Virginia, by an act, entitled "An act concerning the erection of the district of Kentucky, into an independent state," passed the eighteenth day of December, one thousand seven hundred and eighty-nine, have consented that the district of Kentucky, within the jurisdiction of the said commonwealth, and according to its actual boundaries at the time of passing the act aforesaid, should be formed into a new state: And whereas a convention of delegates, chosen by the people of the said district of Kentucky, have petitioned congress to consent, that, on the first day of June, one thousand seven hundred and ninety-two, the said district should be formed into a new state, and received into the union, by the name of "the state of Kentucky:" SEC. 1. The congress doth consent that the said district of Kentucky, within the jurisdiction of the commonwealth of Virginia, and according to its actual boundaries on the eighteenth day of December, one thousand seven hundred and eighty-nine, shall, upon the first day of June, one thousand seven hundred and ninety-two, be formed into a new state, separate from, and independent of, the said commonwealth of Virginia. SEC. II. Upon the aforesaid first day of June, one thousand seven hundred and ninety-two, the said new state, by the name and style of the state of Kentucky, shall be received and admitted into this union, as a new and entire member of the United States of America. ACT of May 7, 1800. 3 Bioren, 370. An act to authorize the sale and conveyance of lands, in certain cases, by the marshals of the United States, and to confirm for mer sales. 1. SEC. 1. Where the United States shall have obtained judgment in civil actions, brought in those states wherein, by the laws and practice of such states, lands or other real estate belonging to the debtor are delivered to the creditor in satisfaction of such judgment, and shall have received seisin and possession of lands so delivered; it shall be lawful for the marshal of the district wherein such lands or other real estate are situated, under the directions of the secretary of the treasury, to expose the same to sale at public auction, and to execute a grant thereof to the highest bidder, on receiving payment of the full purchase money; which grant, so made, shall vest in such purchaser all the right, estate, and interest of the United States, in and to such lands, or other real estate. [Infra, 3.] 2. SEC. II. The sales heretofore made by collectors of certain districts of the United States, of lands, or other real estate, delivered as aforesaid to the United States, shall be, and are hereby, confirmed: Provided, That this confirmation shall not extend to any sale, unless the condition of such sale has been complied with by the purchaser. 3. SEC. III. Whenever a marshal shall sell any lands, tenements, or hereditaments, by virtue of process from a court of the United States, and shall die, or be removed from office, or the term of his commission expire, before a deed shall be executed for the same by him to the purchaser; in every such case, the purchaser or plaintiff at whose suit the sale was made, may apply to the court from which the process issued, and set forth the case, assigning the reason why the title was not perfected by the marshal who sold the same; and thereupon the court may order the marshal for the time being to perfect the title, and execute a deed to the purchaser, he paying the purchase money and costs remaining unpaid, and where a marshal shall take in execution any lands, tenements, or hereditaments, and shall die or be removed from office, or the term of his commission expire before sale, or (ACT of February 11th, 1805.) ⚫ther final disposition made of the same; in every such case, the like process shall issue to the succeeding marshal, and the same proceedings shall be had as if such former marshal had not died or been removed, or the term of his commission had not expired: And the provisions in this section contained shall be extended to all the cases, respectively, which may have happened before the passing of this act. ACT of February 11, 1805. 3 Bioren, 637. An act concerning the mode of surveying the public lands of the United States. SEC. I. [See LANDS, north west of the Ohio.] 4. SEC. II. The boundaries and contents of the several sections, half sections, and quarter sections, of the public lands of the United States, shall be ascertained in conformity with the following principles, any act or acts to the contrary notwithstanding. 1st. All the corners marked in the surveys, returned by the surveyor general, or by the surveyor of the land south of the state of Tennessee, respectively, shall be established as the proper corners of sections, or subdivisions of sections, which they were intended to designate; and the corners of half and quarter sections, not marked on the said surveys, shall be placed as nearly as possible equidistant from those two corners which stand on the same line. 2d. The boundary lines, actually run and marked in the surveys returned by the surveyor general, or by the surveyor of the land south of the state of Tennessee, respectively, shall be established as the proper boundary lines of the sections, or subdivisions, for which they were intended; and the length of such lines, as returned by either of the surveyors aforesaid, shall be held and considered as the true length thereof. And the boundary lines, which shall not have been actually run and marked as aforesaid, shall be ascertained, by running straight lines, from the established corners to the opposite corresponding corners; but in those portions of the fractional townships, when no such opposite corresponding corners have been or can be fixed, the said boundary lines shall be ascertained by running, from the established corners, due north and south, or east and west, lines, as the case may be, to the water course, Indian boundary line, or other external boundary of such fractional township. 3d. Each section, or subdivision of section, the contents whereof shall have been, or, by virtue of the first section of this act, shall be, returned by the surveyor general, or by the surveyor of the public lands south of the state of Tennessee, respectively, shall be held and considered as containing the exact quantity expressed in such return or returns: and the half sections and quarter sections, the contents whereof shall not have been thus returned, shall be held and considered as containing the one half, or the one-fourth, (ACT of April 18th, 1806.) part, respectively, of the returned contents of the section of which they make part. ACT of March 3, 1807. 4 Bioren, 118. An act to prevent settlements being made on lands ceded to the United States, until authorised by law. 5. SEC. 1. If any person or persons shall, after the passing of this act, take possession of, or make a settlement on, any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any state to the United States, which lands shall not have been previously sold, ceded, or leased, by the United States, or the claim to which lands, by such person or persons, shall not have been previously recognised and confirmed by the United States: or if any person or persons shall cause such lands to be thus occupied, taken possession of, or settled; or shall survey or attempt to survey, or cause to be surveyed, any such lands, or designate any boundaries thereon, by marking trees, or otherwise, until thereto duly authorised by law, such offender or offenders shall forfeit all his or their right, title, and claim, if any he hath, or they have, of whatsoever nature or kind the same shall or may be, to the lands aforesaid, which he or they shall have taken possession of, or settled, or cause to be occupied, taken possession of, or settled, or which he or they shall have surveyed, or attempt to survey, or cause to be surveyed, or the boundaries thereof he or they shall have designated, or cause to be designated, by marking trees or otherwise. And it shall moreover be lawful for the president of the United States to direct the marshal, or officer acting as marshal, in the manner hereinafter directed, and also to take such other measures, and to employ such military force as he may judge necessary and proper, to remove from lands ceded, or secured to the United States, by treaty or cession as aforesaid, any person or persons who shall hereafter take possession of the same, or make, or attempt to make, a settlement thereon, until thereunto authorized by law. And every right, title, or claim, forfeited under this act, shall be taken and deemed to be vested in the United States, without any other or further proceedings. [Infra, 12.] SEC. II. [Persons that had made settlements on lands ceded to the United States, allowed to remain until January 1, 1808.] ACT of April 18, 1806. 4 Bioren, 68. 6. SEC. 1. So much of any act or acts as authorise the receipt of evidences of the public debt, in payment for the lands of the United States, shall from and after the thirtieth day of April, one thousand eighthundredand six, be repealed. Provided, That the right of all persons, who may have purchased public lands previous to the passage of this act, to pay for the same in stock, shall in nowise be (ACT of January 14th, 1812.) affected or impaired: And provided further, that there shall be allowed on every payment made in money, at or before the same shall fall due for lands purchased before the thirtieth day of April, 1806, in addition to the discounts now allowed by law, a deduction equal to the difference at the time of such payment between the market price of six per cent. stock, and the nominal value of its unredeemed amount; which market price shall, from time to time, be stated by the secretary of the treasury, to the officers of the several land offices. ACT of March 31, 1808. 4 Bioren, 159. An act concerning the sale of the lands of the United States, &c. 7. SEC. II. Whenever the president of the United States, has been, or may be, authorized to cause the public lands, in any land district to be offered for sale, it shall be lawful, whenever he shall think it convenient, to offer for sale, at first, only a part of the lands contained in such districts, and, at any subsequent time or times to offer for sale, in the same manner any other part of the remainder of the lands contained in the same. (For the remaining sections, see lands north west of the Ohio.] ACT of March 2, 1809. 4 Bioren, 218. An act to extend the time for making payment for the public lands of the United States. 8. [Purchasers whose time of payment would expire on or before January 1, 1810, allowed a further time of two years to be counted from the expiration of one year after their last payment would have become due.] ACT of April 30, 1310. 4 Bioren, 289. [Purchasers prior to January 1, 1806, of lands not exceeding six hundred and forty acres, whose time of payment would expire on or before January 1, 1811, allowed a further time of two years, to be counted from the expiration of one year after their last payment would have been due. And in case of tracts not exceeding six hundred and forty acres, which had reverted to the United States for default of payment, since January 1, 1810, the purchaser may enter the same tracts, on or before June 1, 1810, and have credit for moneys paid, provided the land had not been re-sold. [Infra, 11, &c.] ACT of January 14, 1812. 4 Bioren, 372. An act directing the terms on which lands sold at public sale, and that revert for failure in payment, shall again be sold. 9. SEC. 1. Notractor tracts of the reserved sections or other public |