be entitled to the same compensation and fees as the collectors of the other districts in 21 Jan. 1829. Florida.

28. All that part of Florida, between the St. Mary's and St. John's river, shall be annexed to, and made a part of, the collection district of St. Augustine.

Ibid. 2 2.

4 Stat. 476.

trict.

29. That a collection district be, and is hereby established in the territory of Florida, 2 March 1831 3 4 which shall include all the ports, harbors, shores and waters of the main land in Florida, and of the islands opposite and nearest thereto, from St. Mary's to the south side of St. St. John's disJohn's, to be called the St. John's district, and a port of entry shall be established at such point on the St. John's river, as the president may direct, and a collector shall be appointed, who shall give the same bond, perform the same duties, and be entitled to the same compensation and fees, as the collectors, in other districts, in Florida.

4 Stat. 576.

30. All ships or vessels and merchandise, arriving in the United States, from and after 13 July 1832 § L the first day of August next, from the Cape of Good Hope, or from any place beyond the same, shall be admitted to make entry at the port of entry of Key West.

Ibid. 2.

District of Key

31. That, hereafter, all the ports, harbors, shores and waters of that part of Florida extending from Indian River to Tampa Bay, and of the islands opposite and nearest thereto, be, and the same are hereby, annexed to, and shall form a part of, the collection West enlarged. district of Key West.

32. That the proviso of the third section of the act of the 7th of May 1822, be, and Ibid 23. the same is hereby, repealed, so far as respects the port of Key West, together with all Repealing secsuch other parts of said act as are inconsistent with the provisions of the present act.

tion.

4 Stat. 701.

moved from

Marks.

10 Stat. 346.

Palatka and Bay

port, ports of

33. That the president of the United States be, and he is hereby, authorized to remove 28 June 1834 ? 1. the custom house now established at Magnolia, on the St. Mark's river, in Florida, to the town of St. Mark's, or some other point on St. Mark's harbor, which may be deemed Custom house resuitable, when in his judgment the public interests and convenience may require it, and Magnolia to St. after the removal aforesaid the office of surveyor at St. Mark's shall be abolished. 34. That Palatka and Bayport, in the state of Florida, shall be, and are hereby created 3 Aug. 1854 31. ports of delivery, respectively, and shall be subject to the same regulations and restrictions as other ports of delivery in the United States; and there shall be appointed a surveyor of the customs, to reside at each of said ports, who shall, in addition to his delivery. own duties, also perform the duties and receive the salary and emoluments of surveyors prescribed by the act of congress passed on the 2d day of March 1831, (a) providing Surveyors. for the payment of duties on imported goods, at certain ports therein mentioned, the same being entitled "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places," and said Palatka be made a part and annexed to the Palatka annexed collection district of St. John's in said state; and said Bayport be made a part and trict. annexed to the collection district of St. Mark's, in said state of Florida; and all the pri- Bayport annexed vileges and facilities afforded to Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, by the act of congress aforesaid, be, and the same are hereby extended to the said ports of Palatka and Bayport.

to St. John's dis

to St. Mark's.

11 Stat. 200.

35. The county of Nassau, in the state of Florida, embracing all the waters, islands, 3 March 1857 § 1. bays, harbors, inlets, shores and rivers in the same, shall be a collection district, to be called the district of Fernandina, and that Fernandina shall be the port of entry for District of Fersaid district; and a collector for said district shall be appointed, who shall perform the same duties and receive the same compensation and fees as the collector for the district of St. John's in said state.

IV. LANDS AND LAND OFFICES.

nandina.

8 Stat. 755.

36. So soon as the commissioners shall have decided and reported on the private claims 3 March 1823 27. in said territory of Florida, (b) a surveyor shall be appointed for the territory of Florida, who shall keep his office at such place within the said territory as the president of the Surveyor to be United States shall designate; and shall receive the sum of two thousand dollars, payable Salary. quarterly, at the treasury of the United States.

appointed.

Ibid. ? 8.

established

37. For the disposal of the lands of the United States lying in the district of East Florida, a land office shall be established and kept at such place, (c) within said district Land offices to be as the president of the United States shall direct; and that, for the disposal of the lands of the United States lying in the district of West Florida, a land office shall be established at such place (d) in said district as the president of the United States shall direct. (e) 38. So soon as, in the opinion of the president of the United States, there shall be a Ibid. 29. sufficient quantity of the public lands surveyed, within either of the districts of East or when to be West Florida, to authorize the opening of one or both of the land offices aforesaid, he opened. shall cause the same to be opened, and shall proceed, from time to time, to appoint, with

(a) 4 Stat. 480.

(b) This restriction is repealed by act 24 May 1824 4. 4 Etat. 31. (c) At St. Augustine.

(d) At Tallahassee.

(e) By act 24 May 1824 4, the districts are to be divided and separated by the Suwannee river. 4 Stat. 31.

3 March 1823. Registers and

receivers.

Ibid. 10.

lande.

the advice and consent of the senate, for each of the said offices, a register and receiver of the public moneys, who shall give security in the same sums and in the same manner, and whose compensation, emoluments, duties and authority shall, in every respect, be the same, in relation to the lands to be disposed of at their offices, as are or may be provided by law in relation to the registers and receivers of public moneys, in the several land offices established for the disposal of the public lands of the United States.

39. Whenever a land office shall have been established in either of the districts aforeSales of public said, and a register and receiver of public moneys appointed for the same, the president of the United States shall be, and he is hereby, authorized to direct so much of the public lands lying in such district as shall have been surveyed according to law, to be offered for sale, in the same manner and with the same reservations and exceptions, and on the same terms and conditions, in every respect, as have been or may hereafter be, provided for the sale of the public lands of the United States.

Ibid. 11.

40. An entire township, in each of the districts of East and West Florida, shall be Reservation for reserved from sale, for the use of a seminary of learning, to be located by the secretary of the treasury.

seminary.

Ibid. 12.

23 Jan. 18321. 4 Stat. 496.

How patents to issue on confirm

claims.

41. All the navigable rivers and waters in the districts of East and West Florida shall be and for ever remain public highways.

42. All patents that are or may be by law directed to be issued on private land claims confirmed by the commissioners of private land claims, and by the several acts of congress approving their reports and confirming the titles to lands in the territory of Floed private land rida, (a) shall be and they are hereby required to be issued to the confirmees, or to the assignee or present owner, where the land has been sold or transferred since the confirmation of the title; and it shall be the duty of the commissioner of the general land office, upon the production of satisfactory proof of the death of the confirmee, or upon the production of a regular chain of title from the confirmee, to cause the patent to be issued to the heirs, and legal representatives, or to the assignees of the confirmee, as the case may be.(b)

30 Aug. 1842

5 Stat. 567.

1.

Alachua district.

5 Aug. 1854 1. 10 Stat. 590.

Tampa district.

27 Mar. 1804 12. 2 Stat. 305.

Transcripts of British records, evidence of title.

43. So much of the public lands of the United States in the territory of Florida, as lies east of the Suwannee river, and west of the line dividing ranges twenty-four and twenty-five, except that lying east of St. Mary's river, north of the basis parallel, shall form a new land district, to be called the Alachua land district; and, for the sale of the public lands within the district aforesaid, there shall be a land office established in the town of Newnansville, in the county of Alachua, in the territory aforesaid.(c)

44. All that part of the land districts of Newnansville and St. Augustine in the state of Florida, lying south of the line dividing townships nineteen and twenty, south, be and the same is hereby created a land district, to be called the district of Tampa, the office for which shall be at Tampa.(d)

45. Transcripts of the records of the British province of West Florida, to claims for land therein, and which have been delivered to the government of the United States, may be produced as evidence, and shall be entitled to the same weight in any court of the United States, as if the same had been delivered or shall be delivered to either of the registers of the land offices in the Mississippi territory, before the last of March 1804, anything in this act, or in the fifth section of the act to which this is a supplement, (e) to the contrary notwithstanding.

(a) In relation to private land claims, in Florida, see acts 8 May 1822, 3 Stat. 709; 3 March 1823, Ibid. 750; 28 February 1824, 4 Ibid. 6; 19 March 1828, Ibid. 256; 23 May 1828, Ibid. 286; and 26 May 1830, Ibid. 405. See also on this subject the cases of Soulard v. United States, 4 Pet. 511. United States v. Arredondo, 6 Ibid. 691. United States v. Percheman, 7 Ibid. 51. United States v. Clarke, 8 Ibid. 436. United States v. Fernandez, 10 Ibid. 303. United States v. Segui, Ibid. 306. United States v. Chaires, Ibid. 308. United States v. Seton, Ibid. 309. United States v. Sibbald, Ibid. 313. Smith v. United States, Ibid. 326. United States v. Mill's Heirs, 12 Ibid. 215. Levy v. Arredondo, Ibid. 218. United States v. Levy, 13 Ibid. 81. United States v. Drummond. Ibid. 84. United States v. Burgevin, Ibid. 85. United States v. Heirs of Arredondo, Ibid. 88. United States v. Wiggins, 14 Ibid. 334. United States v. Heirs of Waterman, Ibid. 478. United States v. Rodman, 15 Ibid. 130. United States v. Forbes, Ibid. 173. Buyck v. United States, Ibid. 215. United States v. Delespine, Ibid. 226. O'Hara v. United States, Ibid. 275. United States v. Delespine, Ibid. 319. United States v. Breward, 16 Ibid. 143. United States . Miranda, Ibid. 153. United States v. Low, Ibid. 162. United States v. Hanson, Ibid. 196. United States v. Clarke, Ibid. 228. United States v. Acosta, 1 How. 24. Choteau r. Eckhart, 2 Ibid. 344. Pollard v. Files, Ibid. 591. United States v. King, 3 Ibid.

773. Jourdan v. Barrett, 4 Ibid. 169. Les Bois v. Bramell, Ibid. 449. United States v. Lawton, 5 Ibid. 10. Kennedy's Executors v. Hunt, 7 Ibid. 586. Bissell v. Penrose, 8 Ibid. 317. Menard's Heirs v. Massey, Ibid. 293. United States v. Reynes, 9 Ibid. 127. La Roche v. Jones, Ibid. 155. Villalobos v. United States, 10 Ibid. 541. United States v. Boisdoré, 11 Ibid. 63. Lecompte v. United States, Ibid. 115. Power's Heirs v. United States, Ibid. 570. Montault v. United States, 12 Ibid. 47. United States e. Moore, Ibid. 209. United States v. Simon, Ibid. 433. United States Hughes, 13 Ibid. 1. United States v. Pillerin, Ibid. 9. Glenn v. United States. Ibid. 250. United States v. Davenport's Heirs, 15 Ibid. 1. United States v. D'Auterieve, Ibid. 14. United States r. Roselius, Ibid. 31. United States v. Ducros, Ibid. 38. Doe # Braden, 16 Ibid. 635.

(b) See also the acts 4 August 1842, 5 Stat. 503, and 15 June 1844, Ibid. 671, to provide for the armed occupation and settle ment of the unsettled part of the peninsula of East Florida, and as to the rights acquired under these acts, see 4 Opin. 405. (e) The 2d and 3d sections provide for the appointment of a register and receiver, and for sales of the public lands. (d) The act 2 March 1855, provides for the appointment of a register and receiver for this district. 10 Stat. 629. (e) Act 3 March 1803 5. 2 Stat. 230.

1. Certain ports and harbors to be fortified.

2. Garrisons.

Fortifications.

3. President may receive cessions of lands therefor.

4. Annapolis to be fortified and garrisoned.
5. Ports may be secured by sinking hulks.

1 Stat. 345.

harbors to be

1. That the following ports and harbors be fortified under the direction of the presi- 20 March 1794 § 4 dent of the United States, and at such time or times as he may judge necessary, to wit: Portland in the district of Maine; Portsmouth in the state of New Hampshire; Glouces- Certain ports and ter, Salem, Marblehead and Boston in the state of Massachusetts; Newport in the state fortified. of Rhode Island; New London in the state of Connecticut; New York; Philadelphia; Wilmington in the state of Delaware; Baltimore in the state of Maryland; Norfolk and Alexandria in the state of Virginia; Cape Fear River and Ocracock Inlet in the state of North Carolina; Charleston and Georgetown in the state of South Carolina; and Savannah and St. Mary's in the state of Georgia.

Ibid. § 2.

2. It shall be lawful for the president of the United States to employ, as garrisons in the said fortifications, or any of them, such of the troops on the military establishment Garrisons. of the United States as he may judge necessary; and to cause to be provided one hundred cannon, of a caliber each to carry a ball of thirty-two pounds weight, and one hundred other cannon, of a caliber each to carry a ball of twenty-four pounds weight, together with the carriages and implements necessary for the same, and carriages with the necessary implements for one hundred and fifty other cannon, with two hundred and fifty tons of cannon-shot.

Ibid. 2 3.

3. It shall be lawful for the president of the United States to receive from any state (in behalf of the United States) a cession of the lands on which any of the fortifications President may aforesaid, with the necessary buildings, may be erected or intended to be erected; or where such cessions shall not be made, to purchase such lands on behalf of the United States: Provided, That no purchase shall be made where such lands are the property of

a state.

receive cessions of lands therefor.

1 Stat. 367.

fortified and

4. That the port and harbor of the city of Annapolis be fortified in such manner, and 9 May 1794 3 1. at such time or times, as the president of the United States may direct: and that it shall be lawful for the president of the United States to employ a garrison in the said fortifi- Annapolis to be cation, provide cannon and equipments, and receive from the state of Maryland a cession garrisoned. of the lands on which the said fortification and its necessary buildings may be erected, agreeably to the second and third sections of the act to which this is a supplement. 5. That the president be, and he is hereby authorized, whenever the same shall be 16 July 1813 1. deemed necessary for the defence and security of any of the ports and harbors of the United States, to cause to be hired or purchased, hulks, or other means of impediment Ports may be secured by sinkto the entrance of the ships or vessels of the enemy, to be sunk with the consent of the ing hulks. proper authority of the state in which such port or harbor may be, and the same to be removed whenever in his opinion it may be done with safety to such ports or harbors.

3 Stat. 18.

Fugitives from Justice.

1. How fugitives to be arrested. Certified copy of indictment if not removed within six months. Expenses. or affidavit to be produced. Arrest. Notice. To be discharged, 2. Powers of agent. Penalty for rescue.

1 Stat. 302.

be arrested.

1. Whenever the executive authority of any state in the Union, or of either of the 12 Feb. 1793 & 1. territories north-west or south of the river Ohio, shall demand any person as a fugitive from justice, (a) of the executive authority of any such state or territory to which such How fugitives to person shall have fled, and shall moreover produce the copy of an indictment found, or Certified copy of an affidavit made before a magistrate of any state or territory as aforesaid, (b) charging indictment or the person so demanded, with having committed treason, felony or other crime, (c) produced.

(a) A magistrate, on proper evidence, has power to order the arrest of a fugitive from justice, before demand; and to detain bim until a regular requisition can be made upon the executive of the state to which he has fled. Com. v. Deacon. 10 S. & R. 135 Dow's Case, 6 Harris, 39. 8. C., Phila. R. 234. Fetters' Case, 3 Zabr. 311. The State v. Buzine, 4 Harring. 572. In the matter of Clark, 9 Wend. 221. Goodhue's Case, 1 City Hall Rec. 153. Gardner's Case, 2 Johns. 477. Commonwealth v. Wilson, Phila. R. 80.

(b) The affidavit, when that form of evidence is adopted, must be at least so explicit and certain, that if it were laid before a magistrate, it would justify him in committing the accused to answer the charge. 6 Penn. L. J. 414, 418. It must state posi

affidavit to be

tively that the alleged crime was committed in the state from which the party is alleged to be a fugitive, and that the party is actually a fugitive from that state. Ex parte Smith, 3 McLean, 121, 132. Fetters' Case, 3 Zabr. 311. In the matter of Hayward, 1 Sandf. S. C. 701. Degant v. Michael, 2 Carter, 396.

(c) It makes no difference, whether or not the offence charged ce a felony by the laws of the state from which the party is alleged to be a fugitive. Nor that it should be an offence at common law. It is enough that it is a crime in the state where it was committed. Fetters' Case. 3 Zabr. 311. In the matter of Hayward, 1 Sandf. S. C. 701. Johnston v. Riley, 13 Geo. 97. In the matter of Clark, 9 Wend. 212.

Arrest.

Notice.

12 Feb. 1793. certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged fled, it shall be the duty of the executive authority of the state or territory to which such person shall have fled, to cause him or her to be arrested and secured, (a) and notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to To be discharged cause the fugitive to be delivered to such agent when he shall appear: (b) but if no such agent shall appear within six months from the time of the arrest, the prisoner may be discharged. And all costs or expenses incurred in the apprehending, securing and transmitting such fugitive to the state or territory making such demand, shall be paid by such state or territory.

if not removed within six

months.

Expenses.

Ibid. 2.

2. Any agent appointed as aforesaid, who shall receive the fugitive into his custody, Powers of agent. shall be empowered to transport him or her to the state or territory from which he or she shall have fled. (c) And if any person or persons shall by force set at liberty, or rescue the fugitive from such agent, while transporting as aforesaid, the person or per sons so offending shall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year.

Penalty for

rescue.

Fugitives from Labor.

1. Proceedings for arrest of fugitives from labor. What proof to be sufficient. Certificate of removal.

Rescuing fugitive: or

2. Penalty for obstructing claimant. harboring or concealing him. How recoverable. 3. Commissioners to execute this law.

4. Territorial courts to appoint commissioners. 5. Number of commissioners to be enlarged.

6. To have jurisdiction to grant certificates for removal of fugitives.

7. Duties of marshals, &c. Penalty for neglect. Liability for an escape. Commissioners may appoint persons to execute their process. Posse comitatus to be summoned. Citizens to aid. Warrants to run throughout the state.

8. Parties may reclaim fugitives either in person or by attorney. How warrant of attorney executed. May arrest by warrant or

12 Feb. 1793 2 3. 1 Stat. 302.

Proceedings for arrest of fugitives from labor.

without. Fugitive to be taken before judge or commissioner. What proof to be sufficient. Certificate of removal to be granted. Testimony of fugitive not admissible. Certificate to be conclusive, 9. Punishment for obstructing arrest. Rescuing fugitive: aiding him to escape: or harboring, or concealing him. Liability for damages.

10. Fees of officers. Of commissioners. For executing process. Additional services. How estimated.

11. Warrant to be issued in case of apprehension of rescue. Officer to employ aid. Compensation.

12. Party may make preliminary proof of ownership and escape Record to be made thereof. Transcript to be conclusive evidence. Proof of identity to be made. Certificate to be granted. Record evidence not to be required in all cases.

1. When a person held to labor(d) in any of the United States, or in either of the territories on the north-west or south of the river Ohio, under the laws thereof, shall escape (e) into any other of the said states or territory, (g) the person to whom such labor or service may be due, his agent or attorney, (h) is hereby empowered to seize or arrest such fugitive from labor, (i) and to take him or her before any judge of the circuit or district courts of the United States, residing or being within the state, (k) or before any magistrate of a county, city or town corporate, wherein such seizure or arrest shall be What proof to be made,(7) and upon proof to the satisfaction of such judge or magistrate,(m) either by oral testimony or affidavit taken before and certified by a magistrate of any such state or territory, that the person so seized or arrested, doth, under the laws of the state or territory from which he or she fled, owe service or labor to the person claiming him or Certificate of re- her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labor, to the state or territory from which he or she fled.

rufficient.

moval.

(a) Where the warrant is duly issued, the courts cannot go behind it; the only question they can entertain is as to the identity of the alleged fugitive. Pennsylvania v. Daniels, 6 Penn. L. J. 417, note. The State v. Buzine, 4 Harring. 572. The State v. Schlemm, Ibid. 577.

(b) Where a defendant is brought into a state as a fugitive from justice, after acquittal, or convicion and pardon, he cannot be surrendered to the authorities of another state as a fugitive, but must be allowed an opportunity to return to the state in which he is domiciled. Daniel's Case, cited in Binns's Justice, 267. (c) Such agent is not liable to an action for false imprisonment by reason of any irregularity in the warrant of arrest. Johnstone v. Vanamringe, 2 Blackf, 311.

(d) The constitution confers on congress an exclusive power to legislate concerning fugitive slaves; and this act is a constitutional and valid law. Prigg . Pennsylvania, 16 Pet. 539. In the matter of Martin, 2 Paine, 348. Jones v. Vanzandt. 2 McLean, 612.

In the matter of Susan. 2 Wh. Cr. Cas. 594. The constitution and laws of the United States do not confer, but secure the right to reclaim fugitive slaves, against state legislation. Johnson e. Tompkins, Bald. 571. See Giltner v. Gorham, 4 McLean, 402. (e) This does not apply to slaves brought by their masters from one state to another, who afterwards escape, or refuse to return. Butler v. Hopper, 1 W. C. C. 499. Ex parte Simmons. 4 W. C. C. 396. Vaughan v. Williams, 3 McLean, 530. Pierce's Case, 1 Western Legal Observer, 14. Kauffman v. Oliver, 10 Barr, 517. See Strader . Graham, 10 How. 82. Miller v. McQuerry, 5 McLean, 469. In the matter of Perkins, 2 Cal. 424. Commonwealth v. Alberti, 2 Pars. 495.

(g) This extends to the Indian Territory. 6 Opin. 302. (4) A parol authority is sufficient. Giltner v. Gorham, 4 McLean, 402.

(i) The owner of a fugitive slave is clothed with full authority, in every state of the Union, to seize and recapture his slave, whenever he can do it without a breach of the peace, or any illegal violence. Prigg v. Pennsylvania, 16 Pet. 539. Norris v. Newton, 5 McLean, 92. Johnson v. Tompkins, Bald. 571. No process is necessary to authorize such arrest. In the matter of Martin, 2 Paine, 348. Such slave may be arrested on a Sunday, in the night-time, and in the house of another, if no breach of the peace is committed. Johnson v. Tompkins, Bald. 571. No person has a right to oppose the master in reclaiming his slave, or to demand proof of property. Ibid. See Norris v. Newton, 5 McLean. 92. And, if forcibly resisted, the owner may use sufficient force to overcome the unlawful resistance offered, without being guilty of the offence of riot. Commonwealth v. Taylor, 3 Am. L. J. 258. Van Metre v. Mitchell, 7 Penn. L. J. 115.

(k) Or a commissioner, infra, 3, 6.

(1) When the alleged fugitive is brought before the magistrate, the latter acquires jurisdiction of the case; and whilst the exami nation is pending, the party is in the custody of the law, and the magistrate may imprison him for safe keeping. In the matter of Martin, 2 Paine, 348. Worthington v. Preston, 4 W. C. C. 461.

(m) The same rules of evidence prevail as in other cases concern ing the right to property. Johnson v. Tompkins, Bald. 571. See infra, 12. And see Stansbury's Case Cut ha

2330

2. Any person who shall knowingly and willingly (a) obstruct or hinder (b) such 12 Feb. 1793 § 4. claimant, his agent or attorney, (c) in so seizing or arresting such fugitive from labor, (d) Penalty for obor shall rescue such fugitive(e) from such claimant, his agent or attorney, when so structing claimarrested pursuant to the authority herein given or declared ; (g) or shall harbor or con- Rescuing fugiceal (h) such person after notice (i) that he or she was a fugitive from labor, as aforesaid, tive. Or barboring or shall, for either of the said offences, forfeit and pay the sum of five hundred dollars.(k) concealing him. Which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any court proper to try the same; saving moreover to the person claiming such How recoverable. labor or service, his right of action for or on account of the said injuries or either of them.(7)

3. The persons who have been, or may hereafter be appointed commissioners, (m) in 18 Sept. 1850 2 1. virtue of any act of congress, by the circuit courts of the United States, (n) and who, in consequence of such appointment, are authorized to exercise the powers that any justice of the peace or other magistrate of any of the United States, may exercise in respect to offenders for any crime or offence against the United States, by arresting, imprisoning or bailing the same under and by virtue of the 33d section of the act of the 24th of September 1789, entitled "An act to establish the judicial courts of the United States," shall be, and are hereby, authorized and required to exercise and discharge all the powers and duties conferred by this act.(o)

4. The superior court of each organized territory of the United States shall have the Ibid. 22. same power to appoint commissioners to take acknowledgments of bail and affidavits, Territorial courts and to take depositions of witnesses in civil causes, which is now possessed by the cir- to appoint comcuit court of the United States; and all commissioners who shall hereafter be appointed for such purposes by the superior court of any organized territory of the United States, shall possess all the powers and exercise all the duties conferred by law upon the commissioners appointed by the circuit courts of the United States for similar purposes, and shall moreover exercise and discharge all the powers and duties conferred by this act. 5. The circuit courts of the United States, and the superior courts of each organized territory of the United States, shall from time to time enlarge the number of commis