Page:United States Statutes at Large Volume 11.djvu/542

 502 THIRTY-FOURTH CONGRESS. Sess. III. Ch. 66. 1857. Joseph Jenkins, Edward Bailey, Henry Seabrook, Cato A. Beckett, Benjamin S. Whaley, Isaac Auld, John Ailcock, James B. Adams, William Beckett, Edward Beckett, James Beckett, William G. Baynard, John Baynard, Ephraim Baynard, Charles Bailey, Henry Bailey, Francis Bowler, Henry Calder, James Clark, sr., Robert Chisholm, Gabriel Crawford, William Clement, James Dignan, Thomas Dunmire, William Edings, George W. Freeman, Barney Gilbert, William Hannahan, jr., Henry J. Jones, Christopher Jenkins, Benjamin W. Jenkins, Robert S. Jenkins, Daniel Lowrey, Robert Mason, Ephraim Mikell, John C. Mikell, Josiah Mikell, John Mikell, sr., John Raven Matthews, Isaac C. Moses, Mungo Mackay, John McDougall, Robert McLeod, John C. Pillans, Robert Pillans, John Pattieson, William Seabrook, Gabriel Seabrook, Joseph A. Seabrook, Andrew Seabrook, Lewis Strobel, James Swinton, Christian Staley, Daniel Shandley, Andrew E. Thayer, Daniel Townsend, Thomas Tompson, George M. Towers, Edward Whaley, Joseph Whaley, William Wilkinson, Christopher Wilkinson, Morton Wilkinson, Thomas Wescoat, William J. Wescoat, Randall Wescoat, Walley Meggett, Mingoe Crawford, and Joseph Beamer, they being the officers, musicians, and privates composing the Edisto Island Company of militia, in the State of South Carolina, in the war of eighteen hundred and twelve; and that he allow to those named, who are living, and the heirs of those deceased, the amount of pay and allowances to which each of them would have been entitled, according to their respective positions, under the regulations of the service at that time, for such length of time as they shall each of them be proved to have served in defence of said island during the said war; and that he allow them just and reasonable compensation for the material and labor which shall be proved to have been expended by them in the erection of two fortidcations on that island, for the purposes of defence in said war. Appropriation. Sec. 2. And be it further enacted, That the Secretary of the Treasury pay, out of any moneys in the treasury not otherwise appropriated, the amount adjudicated to be due the said parties by the Secretary of War. Approved, March 2, 1857. March 2, 1857. CHAP. LXV`I.—An Act for the Reliqef Henry T Mudd, ofMiss0uri. WHnRnAs Charles Burke, on the fifteenth day of March, eighteen hun- Preamble. dred and fifty-six, entered at the land-oflice at Palmyra, Missouri, under 1841, ch. 16. the provisions of the preemption act of the fourth of September, eighteen Vol. v. p. 453. hundred and forty-one, the southeast quarter of section thirty-four, township fifty-one, range two west, containing one hundred and sixty acres, for which he paid two hundred dollars, per receivers receipt number twenty-nine thousand two hundred and ninety-three. which entry failed for want of proof, and was cancelled at the General Land-Otiice; and whereas Henry T. Mudd, before said entry was cancelled, in good faith, but in ignorance of the provisions of the preemption law, bought said land of said Burke for eight hundred dollars, and holds a deed from said Burke, dated March seventeen, eighteen hundred and fifty-four; but the purchase-money, as the law stands and has been construed by the General Land-Office, cannot be paid to said Mudd, though the equitable right is acknowledged to be in him, and said Burke has gone to parts unknown, and his order or power of attorney cannot be had- .Be it enacted by the Senate and House of Representatives zf the United Paymemm States of America in Congress assembled, That the said transfer of said Henry T. Mudd. Burke to said Mudd shall be received and treated as an admission of the right of said Mudd to the repayment of the purchase-money on said entry, viz: the said sum of two hundred dollars, and that the same shall be refunded to him accordingly. Approved, March 2, 1857.