State of Massachusetts, said land being the property of the heirs of John Harris, late of said Charlestown, deceased.
Appraisers to be selected.Sec. 2. And be it further enacted, That the price and value of said land may be fairly and justly estimated, the Secretary of the Navy is hereby authorized to agree with said heirs in selecting and choosing three disinterested, discreet, suitable men, who, after being sworn, and having fully examined said land, shall estimate and appraise the same:Proviso. Provided, It can be purchased for a reasonable sum.
Good and sufficient deed to be given to the United States.Sec. 3. And be it further enacted, That, when the appraisal shall be made known to the Secretary aforesaid, and a good and sufficient deed of the same land shall be tendered or given to the United States by the said heirs, then the Secretary of the Navy shall pay said heirs the amount of said appraisal, being the consideration for the premises, out of any money in the Treasury not otherwise appropriated.
Approved, March 3, 1839.
Statute ⅠⅠⅠ.
[Obsolete.]
Chap. LXXVI.—An Act making appropriations for building a pier at the northern extremity of Winnebago lake, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Appropriations. That for the security of the navigation of the commerce of the United States, the following sums be, and the same hereby are, appropriated to be paid out of any money in the Treasury not otherwise appropriated, and to be applied to the following objects:
Pier at northern extremity of Winnebago lake.For building a pier at the northern extremity of Winnebago lake, in the Territory of Wisconsin, the sum of five hundred dollars:
Buoys at the mouth of Neenah river.For placing buoys at the mouth of Neenah river, at the head of Green bay, in said Territory, to mark the channel thereof, the sum of five hundred dollars.
Approved, March 3, 1839.
Statute ⅠⅠⅠ.
Chap. LXXVII.—An Act making a donation of land to the Territory of Iowa, for the purpose of erecting public buildings thereon.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Grant of land to Iowa for the erection of public buildings. That there be, and hereby is, appropriated and granted to the Territory of Iowa, one entire section of land, of any of the surveyed public lands in said Territory, for the purpose of erecting thereon the public buildings for the use of the Executive and Legislative departments of the Government of the said Territory:Proviso. Provided, That the said section of land shall be selected under the authority of the Territorial Legislature, the seat of Government located thereon, and notice of said selection officially returned to the register of the land office in the district in which the land is situated within one year from the passing of this act:Further proviso. And provided, further, That nothing herein contained shall authorize the selection of the sixteenth section in any township reserved for the use of schools, nor of any lot reserved for public purposes; and that in the selection to be made as aforesaid, no pre-existing improvement or right to pre-emption recognized by law, shall be prejudiced thereby.
Lands reserved, &c.Sec. 2. And be it further enacted, That if, at the time of the selection of the section of land to be made as aforesaid, the contiguous sec-thing. Land cannot be appurtenant to land. The soil and freehold of the streets did not pass to the United States, under and by virtue of the term “appurtenances.”
The right of the plaintiffs to the freehold of the streets is not barred by the first section of the act of the Legislature of Massachusetts of 30th October, 1781.
The law in Massachusetts is well settled, that where a mere easement is taken for a public highway, the soil and freehold remain in the owner of the land, encumbered only with the easement; and that upon the discontinuance of the highway, the soil and freehold revert to the owner of the land. Harris and others v. Elliott, 10 Peters, 25.
