Western Sun & General Advertiser, Volume 21, Number 11, Vincennes, Knox County, 24 April 1830 — Page 1

WESTEK SUN & GENEKAL ABVERTISEE

BY ELII1U STOUT. VINCENNES, (1ND.) SATURDAY, APRIL 24, 1830. Vol XXI. No. 1 1

THE WESTERN SUN IS published at g2 50 cents, for 52 numbers ; which may be discharged by the payncnt of 22 at the time of subscribing. Payment in advance, being the mutual in

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BY AUTHORITY.

LAWS OF THE UNITED STATE5,

ral Land Office, within niilcXmonths from the passage of this act; for whfw;suh Register and Receiver shall each be- errtftted to receive from such applicants, the sum of fifty cent e. ch: And provided further ; That the' .provisions of this

section shall not extend to any lands that have, in any manner, been disposed of by the United States.

Sec. 3. And be it further enacted, That, on ailurc to apply for, and show a right of pre

emption, under the second section ot this act,

within the time allowed therefor, and also, on

'ail ure to complete the payment on any of the ands, agreeablv to the provisions of this act,

within the period allowed for that purpose: in

eitner case, the whole of such lands shall be forth

with offered for sale without delay.

Sec. 4. And be it further enacted, That if

any person cr persons shall, before or at the time of the public sale of any of the lands of the United States, bargain, contract, or agree, or shall attempt to bargain, contract, or agree, with any-

other person or persons, that the last named per

son or persons shall not bid upon, or purchase the land so offered for sale, or any parcel thereof, or shall, by intimidation, combination, or unfair

management, hinder or prevent, or attempt to

hinder or prevent, anv person or persons from

bidding upon, or purchasing any tract or tracts of

land so ottered tor sale, every such offender, his, her, or their aiders ancr-abetters, being thereof

duly convicted, shaU.gtfyerv such offence, be

nnea, not exceeding one n u-vir4d d liars, or imprisoned not exceeding two years, or both, in the discretion cf the Court Sec. 5. And he it further enacted, That if anyperscn or persons shall, before, or at the time of the public sale of any of the lam's of the United States, enter into any contract, bargain, agreement, or secret understanding, with any other person or persons proposing to purchase such land, to pay or give to such purchasers for

Pleasant in Martin county on the first Mon day in June next; at Washington in Daviess county on the second Monday in June next; at Vincennes in Knox county on the third Monday in June next; and previous to entering upon the duties hereby enjoined, each

ot said commissioners shall enter into and

file in the clerk'9 office of the county in which

he may respectively reside, a bond in the penalty of two thousand dollar with freehold security to be approved by such clerk, conditioned for the faithful discharge of the duties enjoined by this act, and bhall also take an oath at the same time to the same purport. Sfc 3. That when ten or more persons shall have subscribed two thousand shares, at the price and terms per share in this act stated, of the said stock, the said subscribers and their associates, who may afterwards unite with them for the same purpose, shall be and arc hereby ordained, constituted and declared, to be a body politic and corporate, in fact and in name, by the name of "The New Albany and Vincennes Turnpike 5toad company;' and by that name they andheir successors and assigns, shall and may have

continual succession, and be persons in law capable ot contracting and being contracted

with, suing and being sued, pleading and being impleaded, in all courts whatsoever; and hat the and their successors by the said name and styie, shall be capable of transacting any of the business by this act authorised, and shall have a common seal which thev

may make and alter at pleasure.

Ses. 4. That the amount to be Daid to

MASSED AT THE FIRST SESSION OF THE TWFM-TY-FIIIST CONGRESS.

such land, a sum of monev, or other article of complete each share, shall be fifty dollars;

property, over and above the price at which the which, after the first payment of five dollars land may or shall be bid off by such purchasers, on subscribing, shall be due in instalments of

AN ACT for the relief of the purchasers of Public Lands, and for the suppression of fraudulent practices at the Public Sales cf the Lands of tha United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That all purchasers, their heirs, or assignees, of such of the public lands of the United States as were sold on a credit, and on which a further credit has been taken, under any of the laws passed for the relief of purshasers of public lands, and which lands have reverted . ... . r . i. i i

to the United States, on account or ine oaiance due thereon not having been paid or discharged ngreeablv to said reliet laws, such persons may avail them selvss of any one of the three follovying provisions contained in this section, to wit: First, thev shall have a right of pre-emption of the same "lands, until the fourth day of July, one thousand eight hundred and thirty-one, upon their pa1ni;.:o the proper .office the sum per ixre th;refor, which shall, at the time of payment, be the minimum price per acre of the public lands of the United States, in addition to the amount heretofore paid therein, and forfeited: Provided. That the price, including what has alrcadv been paid, and the amount to be paid, shall not, in any case, exceed three dollars and fifty cents per acre, Second. They shall have the right of completing the payment of said lands, by paying the balance of the principal ht il-n t'.rrpnn in cash, subject o a deduction

of thirty-seven and a half per cent, aheretofore, at any time previous to the fourth day of July, cue "thousand eight hundred and thirty-one: Third, They shall have the right, within nine months from the passage of this act, in all cases where the price for which said lands were sold

did not exceed two dollars and nity cents pe

every such contract, bargain, agreement, or se

cret understanding, and every bond, obligation, or writing, of any kind whatsoever, founded upon, or growing out the same, shall be utterlv nud i :.i i i

aiju uiu. ivnu any nerson or uersons oeine a

five dollars each, everv succeeding six

months, unlil the whole payment is completed: and if any stock holder shall negiect to

pay at the place appointed, any such instal

party to such contract, bargain, agreement, or ment when due, three per cent, per month secret understanding, who shall or may pay to shall be changed upon such amount due on such purchasers any sum of monev or other arti- such share, until the same with the instalment

cle of property, as aforesaid. over and above the due, shall be equal to the amount paid in on i K purchase money of such land, may sue for, and sucn share, when the same shall be forfeited I Pi

r r i 77' TT 7 r,rcnaseis: 11 to said company, and may be sold for the best an Court havin? jurisdiction of the same. Audi . m Jf ' . ...... r ...

it the party aggrieved have no legal evidence of H " v, u.nuu.uuauuo

such contracts, bargain, agreement, or secret u,cm' UiC prcsiucm anu managers oi saiu understanding, or of the payment of the excess company, may recover such amount of instal-

atoresaid, he may, by bill in equity, compel such ment ana penalty, by suit in any court hav-

purchasers to make discovery thereof; and if, in ing jurisdiction: Provided, That no votes

sucn case, tne compiamant snail asfc tor reliet, shall at any time be allowed in virtue of any the Court in which the bill i pending may pro- share, upon which any amount of instalment cccd to final decree between the parties Jto .the r... u

same: Provided, every such suiteither Inlaw T' ""V "7 uuuc uu U"P1Uor ermitv. shall be commenced tvithin iv vMv bFC 5 1 nat llie treasurer of state, be

next after the sale oi said land bv the United ancl he is hereby authorised and directed, to

suoscriDepne hundred snares, on behalt ol A. STE.VENSON. I the state of Indiana, in the caDital stock of

Speaker of the House of Rcpreentatives. me said company; which shall be paid in reJ C. CALHOUN, o-ular instalments, as reniiirrrl nhnvp. nn

Vice Prevalent of the United States and ?u i. i r .i

siiau j, u int. auiu uasuivi, iut tut; purJU3C whercol five thousand dollars are herebv

appropriated and set apart, out of the three per cent, fund of this state, after the prior anoronriations from said fund are dulv honor-

An act to incorporate a c.vimanv to make a turn- 1 a ,t..,. ...... ,.r .. uiu : ,i ...u

piKti road trom New Albiuvm rlovd countv. I -i i .i r . .l j i

States.

President of the Senate, Approved, March 31, 1330. ANDREW JACKSON.

bv Greenville, Paoli, Mount Pleasmt. and

Washington, to Vinc.t-nne in Knox county. APPflOTED JANUARY 29, 1830

Sec 1. Be it enacted by the General As-

semblu ot the State of Jndiana, That Sam

heretofore appropriated out of the said fund, for the improvement of the Wabash river, is

hereby transferred to be applied by the trea-

ductcd by said piesident and manager, lof which purpose they may nuke such by-laws, rules, orders and regulations, as are not in consistent with the laws and constitution of the United States or of this state, and as may be necessary for the well governing the affairs of said company; but which may be altered, amended or repealed by a majority of the votes of the stockholders, at any annual meeting aforesaid; to do and perform which, as well as any other corporate act, they the said stockholders are hereby fully authorisi d. Sec 7. That in case it shall happen at any time, that an election of officers snail not be made on any day, when by this act ot any by law under it, It should have been iriuilt, the said corporation shall not for that caus be deemed to be dissolved, but an electioa may be held, at such fu ure day as may b appointed under the by-laws of the said cor poration.

Sec. 3. That the stork of said wpotaiion, shall be assignable, according to such ruies as the president and mangers may make$ and for that or any other legal purpose, a majority of the man gers lor the time being, shall form a board or quorum; and proper books of account shall at all times subject to the inspection cf any stcckholder ot th. company. Sec 9. That each stockholder shall be entitled to vote accordirg to the number of shares he or she may hold, in the proportion

following, that is to say; for every share not exceeding two, one vote; and for every ten abates above said first two, and not exceeding cne hundred, one vote; but no share or number of shares above one hundred, shall

confer any additional light ot Toting. Sec. 10. That it shall be the duty of the president and managers aforesaid, cr a majority of them as a board, when duly constituted, to proceed by their engineeis, surveyors, artists and chain bearers, to consttu'-.t the said turnpike road between the point of commencement, ihe town of N w Albany in

i ioya county, to tne town ot vircnnt in

nox county, by the towns t G tivif .,

Paoli, Mount Pieascnt and Washn 'on. in such manner as to combine shortness of d's tance with suitable ground and othei conveniences; and for thai putpose it shall be lawful for them, by their sid agents and woikmen, to enter into and upon all and tvery the lands, tenements and inclosuies, in, through and over which the said turnpike road may be thought proper to pass; and examine the ground most proper for the purpose, as well as the materials in the vicinity suitable for such road; and to survey, lay down and mark such route for said road, as their best skill and judgement ahaU dictate for the interests thereof: and generally, they shall have like powers and authorities, for the taking 3nd, using any such materials ai may be convt- ' merit to the route of said road, as are given

to commissioners of state roads, or to supervisors of public highways for the opening and improveing the 'same; the said company being liable to the respective owners, for the reasonable value thereof, and also for any waste; or abuse of this privilege. Sec, 11. That the said road shall be mace not less than sixty feet in width, and at least

twenty five feet of said width, shall be made

surer, touards the first instalments; ard

whkh said 3um of two thousand dollars, shall ' an artificial road of wood, stone, gravel, or

i

uel fomlinson, John C. Clan; ancl James be repaid out of the said five thousand dol otlu r proper or convent nt materials, at the

Smith of the county ot Knox, Michael Mur- lars for the improvement of the said Wabash j nature of the ground may require, to be on

acre, to draw scrip for the amount paid thereon, j Joseph Warner and George Roddick of river, when required by law for that purpose: stiucted in such a manner as to secure a fiim, in the manner prescn wl m the act, pprovei j j lhe counly 0 Daviess, Lew is B. oks of the Provided, That the subscription and pay-j and, as near as the nature of the ground and the twenty-third day of May, one thousand cife,nt . J i,Pt; XVi . .....un.n,)!,,,;..:." unrJ ' 1 .u .. :n ; n ...f

county of Martin, William

t,.wwi.-rwi twMit'icrlit fMititlpd An act tor

ti,o rM-,f nf n.irehasers of nublic lands that have William Scribner of the county of Orange,

reverted for non-payment of the purchase mo- John Gregg of the county of "Washington, ncy;"and winch scrip shall be receivible in the Hays McKellin of the county of Harrison, same manner as directed by said act, except on- j Oavid M. Hale and Mordecai Collins of ly that it shall not be taken in payment for lands j ployd county, be, and they arc hereby ap-hen-after bought at public sale. pointed commissioners, whoe duty it shall Sfc. 2. And be it further enacted, i hat all , c ' t -T c .i , ,c of ti-om be, on the nrst Mondav of May next, after purchasers, their heirs, or assignees, ot tiiC pub- . .. . lie lands of the United States as were sold ci j giving at least four weeks public notice credit, and which lands have, by such persons, j thereof, in four of the public newspapers in been relinquished under any of the laws passed j this state, to procure proper books and open

fcrthc relief ot purchasers ot public lanns, and the same for subscription to the stock of the

New Albany and Vincennes turnpike road company; at which time, some one of the said commissioners shall attend, and permit all persons ot lawful age, who shall offer to subscribe in said books, in their own name,

or the name of any others if they be autiio

Lindley and ments authorised by this section, shall for ev

ery such share subscribed and paid, vest in the state all the rights, and emoluments, appertaining to a share or shares held by individual stockholders; and as a dividend shall

the amount paid thereon applied in payment ot

other lands retained by them, and whicli relinquished lands, cr anv part thereof, may now be in possession cf such persons; cr incase the certificate cf purchase, and part payment of said lands has been transferred by the persons now i:i possession of said lands, or part thereof, cr the

p-rsons under whom the present occupants may rized so to dn, for any number of shares in

held such possession, to some other person not in the said stock; and the -aid books shall be

kept open until the said books shall have two thousand shares of slock subscribed therein:

That every person so sub-

pay to the attending commis-

sioner tnc sum ot nvc dollars tor eacb and

every share of stock to be subscribed, which shall be paid over to the treasurer of the - m m m ft

company, as soon as tne same snail be or

possession thereof, and the payment made thereon applied bv such other person, cr his assignee.

in payment for land held in his own name: In j p ided ah9ay8 cither case, the persons so m possesion shall . u n have the right of pre-emption of the same land?, scribing, snail paj

.according to the legal aubdivisions ot sections, not exceeding the quantity of two quarter sectu iis, in contiguous tracts, until the fourth day of Julv, one thousand eight hundred and thirty-one,

upon tli-ir paying into the proper office, the sum ! Kanizcd, and the officers chosen as hereinaf

ter mentioned: And provided further, That the omitting to pay the said sum of five dollars to the attending commissioner, shall not vitiate or in any manner prevent the recovery of said subscription.

Sf,o. 2. That books shall be opened for

subscription to said stock, as above, bv the attending commissioners at the following places, to wit: At New Albany in Floyd county on the first Mondav of May next; at Silem

in Washington county on the second Mon-

per an e therefor, which shall, at the time of pav-

nirnt, be the minimum price per acre of the Unitid States public lands; and, in addition tht-rcto, the same amount per acre heretofore paid thereon, and applied to other lands, subject to a deduction of thirtv-seven and a half per cent. the last mentioned sunn: Provided, That the sum to be paid shall not, in any Case, exceed three dollars !id fif'.v cents per acre: Provided, fl?v?, That such pi:rv)n only shall he entitled to the benefits cf this section, who shall apply for rh siine, and piove their possession, to the satis

faction of the lUvistor and Receiver of the Dis

trict i:t h'u h the . ad may lie, in the manner toj day ot Alay next; an 1 aoli invJrange county 'e present' '! l y ti c C u:iuii'.v: .:r jf the Gene-j on the third Monday in Moy next; at Mount

the materials will admt . an even ti;iface; and in such places, where the rad sha- not be made altogether of stone, to ri6e. i wi da the centre by a gradual arch, to the height f eighteen inches and in no place on said r . d,

be declared by the president and managers, ! shall there be an ele ation of w re than fiv& the proportion thereof due the state, shall be degrees from a horizontal line; ftf'd goo arid paid into the treasury of this state; and with sufficient bridges shall be erected over all ihe. the same rights, privileges and interests, it j stteams of water crossed by said route, wher- ' shall and maybe lawful for the government ; ever the same shall be found necessary, txof the United States, or any state, or corpo-1 eept acoss the two White ivers. the banks ofc ration, to subscribe for any number oi shares ; which shall be graduated to correspond with of stock in said company; And provided al the residue of said road; arid e aid load,

o, That the sum of twenty tjvousand dollars bridges and all improvements thereon, shall

shall be subscribed be individuals, United j be forever thercattcr maintained in good or

States, corporations or states, and actually i der and repair. paid in, before the said appropriationor. any Sec. 12 That whenever, tnd as often as

part thereof, shall be applied as afofesVid by the treasurer of state. Sec. 6. That the first three named per

sons, or a majority of them and their succes

the said company 6hall have finished five miles or more ot aid road, the president thereof, shall give notice to th governor,

who shall thereupon forthwith appoint a skil

sors in office, shall, as soon as convenient, (not i ful, judicious and disinterested person to view

exceeding twenty days) after five hundred

shares shall have been subscribed, give at 'east four weeks notice, in the newspapers in which publication shall have been made under the first section cf this act, of the time and place, on the route of said road they may fix upon, at which the subscribers shall meet to organize aid company, and shall choose for that purpose by a majority of the votes of said subscribers, by ballot to be given in person, or by proxy duly authorised, one president and five managers, a secretary, treasu rcr, and such other officers if any, as shall be deemed necessary; and such president and officers, shall continue in office until the first Monday in January then next ensuing, and until others are chosen; on which said day, and annually thereafter, the said company shall hold their elections for officers. The business cf the aid ccraptny shall con

and examine the same, and report, on oath or

affirmation, to him. whether the road is so far executed in a competent and workmanlike manner, according to the true intent and meaning of this act; and if their report shall be in the affirmative, then the governor shall

by license under his hand and the seat of the jf state, permit and suffer sid company v to

erect and hx, such and so many gates, upon and across the said road, as will be necessary and sufficient to collect from all persons traveling the same, otherwise than on foct, the toll hereinafter authorized and granted: Provided, That no such gate s all be erected within half a mile of any town on said road, nor shall any person attending funcr -ls, military parades, trainings or courts martul. electors attending on days of general elections, persons going to or returning from rvill on hone back, or pensLi utictiing wtiihip, n?