- SEC. 5. And be it further enacted, That the punishment of 1839. whipping and the punishment of standing in the pillory, so far Punishments of as they now are provided for by the laws of the United States, be, and the same are hereby, abolished.

whipping

and

standing in the

pillory, so far as now provided for

by laws U. S. Penalties, for

abolished.

the forfeiture of recognizances,in

any U. S. court,

whole or in part

29th April 1802,

duties of the as

the

repealed.

Supreme

In suits and actions in any cir

SEC. 6. And be it further enacted, That, in all cases of recognizances in criminal causes taken for, or in, or returnable to, the courts of the United States, which shall be forfeited by a breach of the condition thereof, the said court for or in which the criminal causes, taken for, or in, same shall be so taken, or to which the same shall be returnable, or returnable to, shall have authority in their discretion to remit the whole or a may be remitted part of the penalty, whenever it shall appear to the court that by such court, in there has been no wilful default of the parties, and that a trial can -when. notwithstanding be had in the cause, and that public justice does not otherwise require the same penalty to be exacted or enforced. SEC. 7. And be it further enacted, That the second section 24 Sec. act of the act of Congress, passed the twenty-ninth day of April, one requiring certain thousand eight hundred and two, which makes it the duty of the sociate justice of associate justice of the Supreme Court, resident in the fourth cir- Court resident in cuit, to attend in the city of Washington, on the first Monday the 4th circuit, of August annually, to make orders respecting the business of the Supreme Court, be, and the same is, hereby, repealed. SEC. 8. And be it further enacted, That in all suits and actions in any circuit court of the United States in which it shall cuit court U. S. appear that both the judges thereof or the judge thereof, who is in solely competent by law to try the same, shall be any ways con- way concerned, cerned in interest therein, or shall have been of counsel for either shall, on the apparty, or is, or are so related to or connected with either party ther party, cause as to render it improper for him or them, in his or their opinion, tered on the reto sit in the trial of such suit or action, it shall be the duty of cords of the court, such judge or judges, on application of either party to cause the der that an aufact to be entered on the records of the court; and also to make thereof, with all an order that an authenticated copy thereof, with all the proceed-be forthwith cer proceedings ings in such suit or action, shall be forthwith certified to the most tified to the most convenient circuit court in the next adjacent State, or in the next cuit court in the next adjacent adjacent circuit; which circuit court shall, upon such record and state, or circuit, order being filed with the clerk thereof, take cognizance there-take cognizance of in the same manner as if such suit or action had been right- thereof, &c. fully and originally commenced therein, and shall proceed to hear and determine the same accordingly, and the proper process for the due execution of the judgment or decree rendered therein, shall run into and may be executed in the district where such judgment or decree was rendered, and also, into the district from which such suit or action was removed.

Approved, February 28th, 1839.

which the judges are in any

&c., said judges

plication of ei

the fact to be en

and make an or

thenticated copy

convenient cir

which court shall

CHAP. 37. An ACT to revise and extend "An act to authorize the issuing of Treasury notes to meet the current expenses of the Government," approved the twentyfirst of May, eighteen hundred and thirty-eight.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

1839.

with theapproba

to cause to be 18

sembled, That the Secretary of the Treasury, with the approba Sec. Treasury tion of the President of the United States, is hereby authorized tion of the Presi- to cause to be issued the remainder of the Treasury notes authordent, authorized ized to be issued by the act to authorize the issuing of Trea sued, any time sury notes to meet the current expenses of the Government," next, the remain-approved the twenty-first day of May, eighteen hundred sury notes au and thirty-eight, according to the provisions of said act, at any thorized by act time prior to the thirtieth day of June next, any limitation in the

prior to 30th June

der of the Trea

21st May 1838.

act aforesaid or in the act "to authorize the issuing of Treasury notes," approved the twelfth day of October, eighteen hundred and thirty-seven, to the contrary notwithstanding.

Approved, March 2d, 1839.

drawback on 21

ported on 8th Ju

CHAP. 38. An ACT for the relief of Messrs. Smith and Town.

[SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as

To be allowed sembled, That the collector of the customs for the district of New and paid the York is authorised to allow and pay the drawback on twentybags of sugar ex one hundred and eight bags of sugar, exported by Messrs. Smith y, 1836, in the and Town, on the eighth day of July, one thousand eight hunPrussian brig Die Oder. dred and thirty-six, in the Prussian brig Die Oder, from New York to Antwerp, notwithstanding the omission of the inspec tor's return, as required by law.

Approved, March 2d, 1839.

acres of certain

had established

emption, he is

ter a quarter sec

CHAP. 39. An ACT for the relief of William W. Stevenson and Joseph He derson.

[SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as

In lieu of 76 sembled, That in lieu and full consideration of seventy-six acres, land, to which part of the southwest quarter of section two, township one north, W.W. Stevenson and range twelve west, in the Territory of Arkansas, to which his right of pre- the said William W. Stevenson had established his right of preauthorized to en- emption, but which was embraced in the location of a thousandtion of any of the acre tract granted by Congress for the erection of a court-house unappropriated and jail at Little Rock, in said Territory, the said Stevenson is land in Arkan- hereby authorized to enter at the proper land office, a quartet section of any of the unappropriated and unimproved land in said Territory; and upon making such entry, a patent shill issue as in other cases, conveying to the said Stevenson a fee simple title to the same.

and unimproved

In lieu of a cer.

tain quarter sec

which J. Hender

emption, he is

SEC. 2. And be it further enacted, That in lieu and in full tion of land, to consideration of the southwest quarter of section one, in townson had establish ship one north, in range twelve west, (south of the Arkansas ed his right of pre- river,) in the Territory of Arkansas, to which Joseph Henderson authorized to en- had established his right of pre-emption, but which was enclosed tity of any of the in the location of a thousand-acre tract granted by Congress for the erection of a court-house and jail at Little Rock, in said landin Arkansas. Territory, the said Henderson, his heirs or assigns, is hereby

ter the like quan.

unappropriated and unimproved

authorized to enter at the proper land office a quarter section of any of the unappropriated and unimproved land in said Territory; and upon making such entry, a patent shall issue as in other cases, conveying to said Henderson, his heirs or assigns, a fee simple title to the same. Approved, March 2d, 1839.

1839.

CHAP. 40. An ACT for the relief of Robert Murray.

upon the relincertain quarter

quarter section

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Robert Murray be, and he is hereby, authorized R. Murray, to relinquish to the United States, in such form as the Commis- quishment of a sioner of the General Land Office shall prescribe, the northwest quarter of the northwest quarter of section thirty-two, township of larized to en fifty-five north, range twenty-nine west, of the fifth principal ter meridian, in the district of lands now offered for sale at Lexing- section in the ton, in the State of Missouri; and, upon such relinquishment being made as aforesaid, the said Murray shall be, and he is hereby, authorized to enter any other quarter quarter section of unappropriated land in said district which shall be liable to entry at private sale. Approved, March 2d, 1839.

any other

quarter quarter

same district.

E

CHAP. 41. An ACT for the relief of John Wiley and Jefferson Greer.

Whereas it appears that John Wiley and Jefferson Greer, of Preamble. the county of Callaway and State of Missouri, purchased, each of them, from the Government of the United States, at the land office at St. Louis, in the State of Missouri, a half-quarter section of land, for which each got a certificate from the receiver of public lands at said office; the said Wiley purchasing his in April, eighteen hundred and thirty-two, and the said Greer purchasing his in August, eighteen hundred and thirty-one; and whereas it further appears that the said Wiley and Greer, after having improved and cultivated their said lands purchased as aforesaid for three and four years, purchased of the Government lands which the Government had previously sold to others; therefore, for the relief of said Wiley and Greer,

legal representa

to enter, without

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That John Wiley and Jefferson Greer, of the county J. Wiley and of Callaway and State of Missouri, or the legal representatives J. Greer, or their of each, be allowed to enter, without further payment, the tives, authorized quantity of three hundred and twenty acres each, of any of the further payment, unappropriated public lands of the United States that have been any unappropri offered for sale, as a full compensation for the loss of the im-ated land." provements which each had made upon lands which each had purchased of the Government, but which said lands so purchased by them had been previously disposed of by the Government to other individuals. Approved, March 2d, 1839.

320 acres each, of

1839.

thorized to enter

CHAP. 42. An ACT for the relief of John Whitsitt.

[SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress asJ. Whitsitt au- sembled, That John Whitsitt be, and he is hereby, authorized to at private sale, enter at private sale, at the minimum price of the public lands, at the minimum the northeast quarter of section four, in township fifty north of quarter section of the base line, of range twenty-five west of the fifth principal heretofore paid, meridian; and that such sum as has heretofore been paid on be deducted, said quarter section, and forfeited, be deducted from the amount of purchase money. Approved, March 2d, 1839.

price, a certain

land; the

to U. S. of his

CHAP. 43. An Act for the relief of James Middleton Tuttle, of Arkansas. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress asUpon J. M. Tut- sembled, That as soon as James Middleton Tuttle shall file in tle filing in the the office of the Commissioner of the General Land Office a Genl. Land Off. a This relinquishment of all his right, title, claim, and interest in and right,&c. to a cer to the south half of the southeast quarter of section number six,in tain half quarter section of land, township number sixteen north, of range number thirty west of thorized to issue the fifth principal meridian, to the United States of America, the a patent to him President of the United States be, and he is hereby, authorized half quarter sec- to issue a patent to the said James Middleton Tuttle for the south half of the southwest quarter of section number five, in township number sixteen north, of range number thirty west of the fifth principal meridian, situate in the district of lands subject to sale at Fayetteville, Arkansas Territory.

the president au

for a certain other

tion.

Approved, March 2d, 1839.

CHAP. 44. An ACT for the relief of Levi Chadwick.

[SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as A duplicate of sembled, That the Secretary of War cause to be issued to Levi military bounty Chadwick, a private in the New Jersey line in the Revolutionary 716, for 100 acres war, a duplicate of military bounty land warrant number seven sued to L. Chad hundred and sixteen, for one hundred acres of land, which issued nal of which has to Levi Chadwick, alias Shadwick, the fourth day of December,

land warrant No.

of land, to be is

wick, the origi

been lost.

eighteen hundred and eighteen, and which has been lost; and the said Levi Chadwick shall have the said Duplicate located and proceeded upon in the same manner as if it were an original warrant; and the said original warrant is hereby declared nul Approved, March 2d, 1839.

and void.

CHAP. 45. An ACT to authorize the issuing of a register to Anthony C. Meneg hetty for the sloop Sarah.

[SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as

1839.

to be issued upon

ing furnished

sembled, That there be issued, under the direction of the Secretary of the Treasury, a register for the sloop called the Sarah, built A register for in Sierra Leone, but now owned by Anthony C. Meneghetty, a the sloop Sarah citizen of the United States, and lying at the port of Wilming- Sec. Treasury be ton, North Carolina, unseaworthy, whenever the said Anthony with satisfactory C. Meneghetty shall furnish the Secretary of the Treasury with proof that said satisfactory proof that the said sloop has been repaired in the United States, and that the cost of repairing her by her present owner exceeds three-fourths of the original cost of building vessel of the same tonnage in the United States.

a

sloop has been reand that the cost

paired in U. S. thereof exceeds ing a vessel of

the cost of build

same tonnage in

U.S.
Approved, March 2d, 1839.

D. Tramell to sion list, under

be placed on pen.

CHAP. 46. An ACT for the relief of Dennis Tramell. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, directed to place the name of Dennis Tramell on the pension list, under the act of June seventh, eighteen hundred and thirty-two, at the rate of one hundred and twenty dollars per annum; and num-and to be to pay him at that rate, from the fourth day of March, eighteen March, 1831, dur hundred and thirty one, during his natural life.

Approved, March 2d, 1839.

act 7th June 1832, at 8120 per an.

paid from 4th

ing his natural

life.

CHAP. 47. An ACT authorizing the settlement of the accounts of the heirs of
Captain Jesse Copeland.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers be authorized to adjust and settle, according to the principles of justice and equity, the claims of the heirs of Jesse Copeland, late a captain in the army of the United States; and if any balance shall be found due to said heirs from the United States, the Secretary of the Treasury is hereby authorized to pay the same to them out of any money in the Treasury not otherwise appropriated. Approved, March 2d, 1839.

CHAP. 48. An ACT for the relief of Jesse E. Dow.

$153 33 for bear

Elliott and Mr.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be paid to Jesse E. Dow, out of any money To be paid in the Treasury not otherwise appropriated, the sum of one ing despatches hundred and fifty-three dollars and thirty-three cents, for his from Commodore time and expenses in bearing despatches from Commodore Kavanagh, Elliott, commanding the United States naval squadron in the Departments. Mediterranean, and from Mr. Kavanagh, our charge d'affaires in Portugal, to the Navy and State Departments of the United Approved, March 2d, 1839.

States.

to

Navy and State