5. The laws of the United States, which are not locally inapplicable, shall have the 3 March 1819 3 1. same force and effect, within the state of Illinois, as elsewhere within the United States. II. CIRCUIT AND DISTRICT COURTS. 3 Stat. 502. 10 Stat. 606. 6. That the state of Illinois be, and the same is hereby, divided into two judicial dis- 13 Feb. 1855 1. tricts in the manner following, to wit: the counties of Hancock, McDonough, Peoria, Woodford, Livingston and Iroquois, and all the counties in the said state, north of them, Two districts. shall compose one district, to be called the northern district of Illinois, and courts shall Northern district, at Chicago. be held for the said district at the city of Chicago; and the residue of the counties of the said state shall compose another district, to be called the southern district of Illinois, Southern district at Springfield. and courts shall be held for the same at the city of Springfield. 7. There shall be two terms of the circuit and district courts begun and held in each Ibid. 22. of said districts, (a) to wit: at the city of Chicago, for the northern district, on the first Terms of the Monday in July and third Monday in December; and at the city of Springfield, for the northern district. Southern district, [on the first Monday in March, and the first Monday in October,] (b) in each year; and the said courts are hereby authorized to hold adjourned terms when the terms. business shall, in the opinion of the courts, require it. (c) Adjourned 8. All suits and other proceedings of whatever name, or nature, now pending in the Ibid. 3. circuit or district courts of the United States for the district of Illinois, shall be tried Pending cases and disposed of in the circuit and district courts respectively for the northern district of provided for. Illinois, in the same manner as the same would have been in case said state had not been divided into two districts, and for that purpose the jurisdiction is reserved to the said courts in the northern district; and the clerk of the circuit and district courts for the present district of Illinois shall remove the records and files of the said circuit and district courts, to the city of Chicago; and do and perform all duties appertaining to his office within the northern district. And all process or other proceedings taken, or issued or made returnable to the circuit or district courts of the present district of Illinois, shall be returnable at the next term of the said courts respectively in the northern district of Illinois. Ibid. 4. 9. Upon application of any party to any suit now pending which would have been commenced in the southern district, if this act had been in force before the commence- Removal of pendment of the said suit, the proper court may, and if all parties consent, shall order ing cases. that the same be removed for further proceedings to the proper court for the southern district. And thereupon the clerk shall transmit all the papers in the cause with a transcript of all orders taken therein to the clerk of the court to which the suit shall be removed, and all further proceedings shall be had in said court, as if the said suit had been originally commenced therein. 10. The present judge of the district of Illinois be, and is hereby, assigned to the northern district of Illinois. Ibid. 25. Ibid. 2 6. 11. Final process on any judgment or decree entered in the circuit or district courts of the United States for the district of Illinois, and all other process for the enforcement Final process in of any order of said courts, respectively, in any cause now pending therein, except pending cases. causes removed, as herein before provided, shall be issued from and made returnable to the proper court for the northern district of Illinois, and may be directed to and executed by the marshal of the said northern district, in any part of the said state. Ibid. 27. 12. That there be appointed a district judge for the said southern district of Illinois, and the district judge of each of the said districts shall be entitled to an annual salary Judge of southof twenty-five hundred dollars. ern district. Ibid. 28. 13. The present district attorney for the district of Illinois shall be the district attorney for the northern district; the present marshal of the district of Illinois, shall be the Officers of north marshal for the northern district; and the present clerk of the courts for the district of ern district. Illinois, shall be the clerk of the courts for the northern district, during their respective official terms. 14. That there be appointed a district attorney, a marshal and a clerk of the court, for the southern district. Ibid. 9. 11 Stat. 4. 15. Instead of the times heretofore fixed by law, the circuit and district courts of the 23 April 1856 1 United States for the southern district of Illinois, shall hereafter be held as follows:At Springfield, on first Mondays in January and first Mondays in June; and all writs, Terms of the pleas, suits, recognisances, indictments or other proceedings, civil or criminal, issued, ommenced, or pending in either of said courts, shall be returnable to, be entered and southern district the act in the text, with the exception of so much of the 3d see tion as provides that the judge of the district court of the United States for the district of Illinois may make such rules and regulations. for the regulation of the terms of said court, and the process thereof, and the business, and the fees and costs to be taxed therein, as he shall deem expedient, and revise and alter the same when necessary." 9 Stat. 637 23 April 1856 have day in court, and be heard and tried according to the times of holding said courts as herein provided. Ibid. 2. Clerk to trans northern district. 16. The clerk of the said district court of the southern district of Illinois, is hereby authorized, under the direction of the judge of said district court, to make a transcript eribe records of from the records of the district and circuit courts of the northern district of Illinois, of all such matters and proceedings as relate to or concern titles to real estate or causes originating in that part of the state of Illinois included within said southern district aforesaid; and that the compensation of said services be [the] same as now allowed for like services under existing laws: And provided, That such transcripts and records, when so made, shall be certified by said clerk to be true and correct, the same shall be evidence as fully and effectually as though originally entered and made in the courts of the United States for the southern district of Illinois. 16 July 1846 1. 9 Stat. 38. District of Collector. 7 Aug. 1818 1. 9 Stat. 275. III. COLLECTION DISTRICTS. 17. That a collection district be, and hereby is established upon the western shore of Lake Michigan, to be called the district of Chicago, within which the port of Chicago shall be a port of entry. (a) The said district shall include the territory, harbors, rivers and waters on the western shore of said lake from the line dividing the states of Indiana and Illinois, northward to the town and river Sheboygan, and inclusive of the same which are within the territory of Wisconsin. A collector shall be appointed for said district, who shall receive the same amount of annual compensation as the collector of the district of Michillimackinac.(b) 18. That from and after the 30th day of September next, all that part of the state of Indiana bordering on Lake Michigan, and heretofore included in the Detroit collection Part of Indiana district, be, and the same is hereby, annexed to and made a part of the collection dis trict of Chicago. trict of Chicago, in the state of Illinois. annexed to dis 31 Aug. 1852 1. 10 Stat. 143. delivery. Surveyor. 19. Alton, in the state of Illinois, shall be, and is hereby constituted a port of delivery, and shall be subject to the same regulations and restrictions as other ports of delivery Alton, a port of in the United States; and there shall be appointed a surveyor of customs to reside at said port, who shall, in addition to his own duties, perform the duties and receive the salary and emoluments of surveyor, prescribed by the act of congress, approved on the 2d of March 1831, (c) providing for the payment of duties on imported goods, at certain ports therein mentioned, entitled "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Annexed to dis- Natchez, to be secured and paid at those places:" and the said town of Alton and the trict of New Orleans. 2 Feb. 1854 21. 10 Stat. 266. delivery. Surveyor. trict of New Orleans. said port of delivery be, and is hereby, annexed to and made a part of the collection district of New Orleans, and all the facilities and privileges afforded by the said act of congress of the 2d of March 1831, be, and are hereby, extended to the said port of Alton.(d) 20. Quincy, in the state of Illinois, shall be, and is hereby constituted a port of delivery, and shall be subject to the same regulations and restrictions as other ports of Quincy, a port of delivery in the United States; and there shall be appointed a surveyor of customs, to reside at said port, who shall, in addition to his own duties, perform the duties and receive the salary and emoluments of surveyor, prescribed by the act of congress approved on the 2d of March 1831, (e) providing for the payment of duties on imported goods at certain ports therein mentioned, entitled "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville Annexed to dis- and Natchez, to be secured and paid at those places:" and the said city of Quincy and the said port of delivery be, and is hereby, annexed to and made a part of the collection district of New Orleans, and all the facilities and privileges afforded by said act of congress of the 2d of March 1831, be and hereby are extended to the said port of Quincy. 21. Cairo, in the state of Illinois, shall be, and is hereby constituted a port of delivery, and shall be subject to the same regulations and restrictions as other ports of Cairo, a port of delivery in the United States; and there shall be appointed a surveyor of customs, to reside at said port, who shall, in addition to his own duties, perform the duties and receive the salary and emoluments of surveyor, prescribed by the act of congress, approved on the 2d of March 1831, providing for the payment of duties on imported goods at certain ports therein mentioned, entitled "An act allowing the duties on foreign mer chandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places:" and the said city of Cairo, and Annexed to dis the said port of delivery be, and is hereby, annexed to and made part of the collection district of New Orleans, and all the facilities and privileges afforded by said act of congress of the 2d March 1831, be, and hereby are extended to the said port of Cairo. 8 Aug. 1854 1. 10 Stat. 343. delivery. Surveyor. trict of New Orleans. (a) By act 28 September 18505, Waukegan is constituted a port of delivery. 9 Stat. 510. (b) $1250 per annum by act 3 March 1853 1. 10 Stat. 202. And see act 3 March 1857 27. 11 Stat. 229 (c) + Stat. 480. See tit.Louisiana," 26. (d) By the 2d section of this act, Galena is constituted a port of delivery, and annexed to the collection district of New Orleans, upon the like terms. (e) Tit. "Louisiana," 26 11 Stat. 2. 22. Peoria, in the state of Illinois, be, and is hereby constituted a port of delivery 5 April 1856 2 within the collection district of New Orleans, and there shall be appointed a surveyor of the customs for such port, who shall be resident thereat. Said surveyor shall perform the Peoria, a port of duties and receive the salary and emoluments prescribed by the act of congress approved on the 2d day of March 1831, entitled "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, St. Louis, Nashville and Natchez, to be secured and paid at those places." IV. LAND OFFICES. Jelivery. 2 Stat. 277. trict. 23. For the disposal of the lands of the United States, north of the river Ohio and 26 March 180422 east of the river Mississippi, in the Indiana territory, three land offices shall be established in the same, one at Detroit for the lands lying north of the state of Ohio to which the Kaskaskia disIndian title has been extinguished; one at Vincennes for the lands to which the Indian title has been extinguished, and which are included within the boundaries fixed by the treaty lately held with the Indian tribes of the Wabash; and one at Kaskaskia, for so much of the lands included within the boundaries fixed by the treaty of the 13th of August 1803, with the Kaskaskia tribe of Indians, (a) as is not claimed by any other Indian tribe: and for each of the said offices a register and a receiver of public moneys Register and shall be appointed, who shall give security in the same manner, in the same sums, and whose compensation, emoluments, and duties and authority, shall, in every respect, be the same in relation to the lands which shall be disposed of at their offices, as are or may be by law provided, in relation to the registers and the receivers of public moneys in the several offices established for the disposal of the lands of the United States north of the river Ohio, and above the mouth of Kentucky river. receiver. 2 Stat. 684. district. 24. So much of the public lands of the United States, heretofore included within the 21 Feb. 1812 31 land district of Kaskaskia, as lies east of the third principal meridian, established by the surveyor-general, shall, together with the public lands lying between the Vincennes Shawneetown and Kaskaskia districts, and not heretofore attached to any district, form a new land district. For the disposal of the said lands, a land office shall be established at Shawneetown, under the direction of the register of the land office and receiver of public moneys, to be appointed for that purpose; who shall reside at the place, give security in the same manner, in the same sums, and whose compensation, emoluments, and duties and authority, shall, in every respect, be the same in relation to the lands which shall be disposed [of] at their office, as are, or may be by law provided in relation to the registers and receivers of public moneys in the several offices, established for the disposal of the lands of the United States, north-west of the river Ohio. Ibid. 2. 25. The said lands shall be disposed of in the same manner, and on the same terms and conditions, as are or may be provided by law for the sale of public lands in the dis- How lands to be trict of Kaskaskia: Provided, That no tracts of land, excepted from the sales by virtue disposed of. of any former act, shall be sold by virtue of this act: And provided also, That a tract of not less than six miles square shall be reserved by the president of the United States for the use and support of the public salt works on Saline creek. 3 Stat. 323. trict. 26. So much of the public lands of the United States, heretofore included within the 29 April 1816 3 1 land district of Kaskaskia, and lying north of the base line in Illinois territory, shall form a new land district, (b) for the disposal of the said lands, and for which purpose a Edwardsville dis land office shall be established at Edwardsville, Madison county, under the direction of the register of the land office and receiver of public moneys to be appointed for that purpose; who shall reside at the place, give security in the same manner and in the same sums, and whose compensation, emoluments, duties and authority shall, in every respect, be the same, in relation to the lands which shall be disposed of at their office, as are or may be by law provided in relation to the registers and receivers of public moneys in the several offices, established for the disposal of the lands of the United States, north-west of the river Ohio. Ibid. & 2. 27. The said lands shall be disposed of in the same manner, and on the same terms and conditions, as are or may be provided by law for the sale of public lands in the dis- How lands to be trict of Kaskaskia: Provided, That no tract of land, excepted from the sale by virtue of sold. any former act, shall be sold by virtue of this act. 3 Stat. 571. 28. So much of the public lands, heretofore included in the Shawneetown land district, 11 May 1820 ? 2. as lies east of the third principal meridian, north of the base line, and west of the range line, between ranges numbered eight and nine, east of the said third principal meridian, Vandalia district. shall constitute a separate land district; and, for the sale of the public lands therein, there shall be a land office established at Vandalia, the seat of government for the state of Illinois. (c) (a) 7 Stat. 78. The act 3 March 1805 2 3 provided that so much of the tract lately purchased from the Sacs and Foxes as the pre sident should think expedient should be attached to the district of Kaskaskia. 2 Stat. 344. (b) See infra, 32, 37. (c) See infra, 37. 11 May 1820 8 8. 29. So much of the public land as lies north of the base line, east of the aforesaid Palestine district. range line, and west of the Big Wabash river, as lies in the state of Illinois, shall also constitute a separate land district; and, for the sale of the public lands, there shall be a land office established at the town of Palestine, on the said Wabash river. (a) 8 May 1822 31 3 Stat. 700. Springfield dis trict. Ibid. 3. tended to this district. 30. So much of the public lands of the United States as lies east of the Mississippi river, north of the line separating the thirteenth and fourteenth tiers of townships north of the base line, and west of the third principal meridian, in the state of Illinois, shall form a land district, for the disposal of the said lands; and for which purpose a land office shall be established at such place therein as the president of the United States shall designate, until the same shall be permanently fixed by law.(b) 31. The provisions of the 2d, 3d and 5th sections of the act, entitled "An act to desig Certain acts ex- nate the boundaries of districts, and establish land offices, for the disposal of the publie lands not heretofore offered for sale in the states of Ohio and Indiana," approved March 3d 1819,(c) and the act, entitled “An act making further provision for the sale of the public lands," approved April 24th 1820, (d) be, and the same are hereby, made applicable to the said district and office, so far as they are not changed by subsequent laws of the United States. 16 March 18242 1. 4 Stat. 10. 32. All that tract of country lying between the Illinois and Mississippi rivers, and south of the base line of the military surveys, be, and the same is hereby, attached to, Edwardsville and and made a part of the land district, the office of which is located at Edwardsville; and Springfield districts enlarged. all that tract of country lying between the said rivers, and north of the said base line, be, and the same is hereby, attached to, and made a part of the land district, the office of which is established at Springfield, in the county of Sangamo. 19 Feb. 18315. 4 Stat. 443. 33. So much of the state of Illinois as lies between the Illinois and Mississippi rivers, bounded on the south by the base line, on the north by the northern boundary of that Danville district. state, and on the extreme east by the third principal meridian, be formed into a separate Ibid 26. Quincy district. Ibid. 27. Registers and receivers. Ibid. 28. How lauds dis posed of. 2 March 1833 6. 4 Stat. 653. Quincy and Vandalia districts enlarged. 26 June 1834 1. 4 Stat. 686. north-east districts. land district, the offices for which to be located, where it will best accommodate purchasers and others, by the president; and a register and receiver shall be appointed at such time as the president of the United States shall deem proper.(e) 34. That another district be also formed in that state, on the north of the dividing line between townships sixteen and seventeen north of the base line, and east of the third principal meridian, including all that part of the state to its northern boundary, the offices for which to be located by the president, where the public interest and the con· venience of purchasers may require; and a register and receiver shall be appointed at such time as the president of the United States shall deem proper.(g) 35. The registers and receivers shall reside, respectively, at the places where the land offices are located, give security in the same manner, in the same sums, and whose compensation, emoluments, and duties and authority, in every respect, be the same, in relation to the lands which shall be disposed of at their offices, as may be by law provided in relation to the registers and receivers of public moneys in the several offices established for the disposal of the lands of the United States north-west of the river Ohio. 36. The said lands shall be disposed of in the same manner, and on the same terms and conditions, as are or may be provided by law for the sale of other lands of the United States: Provided, That no tracts of land excepted from sales by virtue of any former acts shall be sold by virtue of this act. 37. That so much of the Edwardsville land district as lies north and north-west of the Illinois river, between said river and the Mississippi, be, and the same is hereby attached to the Quincy land district, in the state of Illinois; and that ranges one and two west of the third principal meridian, embracing all townships from the base line to the southern boundary of the Sangamon land district, be and the same is hereby attached to the Vandalia land district in said state. The said transfer to be effected under the direction of the secretary of the treasury. 38. All that tract of country lying north of the dividing line between township number twelve and thirteen, north of the base line running through the military bounty North-west and lands, and that tract of country lying north of the dividing line between townships number thirty and thirty-one, north of the old base line included in the state of Illinois, and all that tract of country lying north of the state of Illinois, west of Lake Michigar, and south and south-east of the Wisconsin and Fox rivers of Green Bay, in the present territory of Michigan, be laid off into four new land districts. to be divided and desig nated as follows, to wit: that tract lying within the state of Illinois, as above described, shall be divided by a north and south line, drawn between the range of townships num (a) The 11th section of this act provides for the appointment of registers and receivers at Vandalia and Palestine. See United States v. Linn, 15 Pet. 290. (b) This district was located by the president at Springfield, in the county of Sangamo. The 2d section provides for the appointment of a register and receiver. See infra, 32. (c) 3 Stat. 521. (e) Under the authority given by this act the president located the land office at Danville. (a) This office was located at Quincy by the president, by virtue of the authority hereby conferred. See infra, 37. ber three and four, east of the third principal meridian, and that on the west side of 26 June 1834. said line shall be called the north-west, and that on the east, the north-east land district of the state of Illinois. (a) Ibid. 2 39. There shall be established in each of the said land districts, one land office, at such time and place as the president may designate, to be removed whenever he may President to deem it expedient for the public convenience. (b) locate offices Ibid. 23 Registers an 40. The president, by and with the consent of the senate, so soon as a sufficient number of townships are surveyed, and returns thereof made to the general land office, to authorize the commencement of the sales in either of said districts, to appoint one regis- receivers. ter, and one receiver for each land office so established, who shall reside at the place designated for the land office, and give security, and discharge all duties pertaining to such office, as prescribed by law. 41. The president shall be authorized, so soon as the survey shall have been completed, to cause to be offered for sale, in the manner prescribed by law, all the lands lying in said land districts, (c) at the land offices in the respective districts in which the land so offered is embraced; reserving only section sixteen in each township, the tract reserved for the village of Galena, such other tracts as have been granted to individuals and the state of Illinois, and such reservations as the president shall deem necessary to retain for military posts, any law of congress heretofore existing to the contrary notwithstanding.(d) (a) The remainder of this section relates to land offices in Michigan. (b) The office for the north-west district was originally located at Galena, but was removed to Dixon in 1840. The office for the north east district was fixed at Chicago. (c) Under this act the lands containing lead mines are not subject to sale, nor are they liable to be located under any of the Ibid. 24 Sales of lands. pre-emption laws which have been passed by congress. United States v. Gear, 3 How. 120. 3 Opin. 277. (d) Whenever a tract of land has been appropriated to the public use, it is severed from the mass of the public domain, and subsequent laws of sale are not construed to embrace it, though they do not in terms except it. Wilcox v. Jackson, 13 Pet. 498. Imports and Exports. 11. Appointment of deputies. By whom collectors' duties to be performed in case of death, &c. Proceeding on death of surveyor. 12. To put up tables of fees and duties. To give receipts for fees. Penalty for taking illegal fees. Penalty on gaugers, &c., acting for private persons; or for making return without gauging. Penalty for neglecting duties in relation to drawback. 13. Custom house officers, &c., not to own vessels: or to be engaged in the importation of goods. 14. May buy and sell public stocks. 15. Powers of substitutes. 16. Custom house officers to give bonds. Amount of penalty. To be filed and sued in case of breach. 17. Form of bond. 18. Officers of Mississippi district. 19. Collectors to employ deputies. Oath of office. 20. Term of office. To be removable at pleasure. 21. Amount of bonds may be increased. 22. Commissions to be recorded. 23. Inspectors not to hold other offices in certain ports. 24. Number and salaries limited. 25. Penalty for receiving other compensation than allowed by law. 26. Officers to give bond before entering on their duties. 27. All deputies and clerks to be sworn. IL COMPENSATION OF CUSTOM HOUSE OFFICERS. 28. Fees of collectors. 29. To be divided between collector and naval officer. Payment of contingent expenses. Fees for drawback to be divided between the collector, naval officer and surveyor. 30. Fees of surveyors. By whom paid. 31. Compensation of inspectors. Occasional inspectors. 32. Fees of measurers, weighers and gaugers. 33. Fees of surveyors and inspectors. 31. Per-centage allowed to officers of certain districts. 35. Officers to render annual accounts of receipts and expenditares. Penalty for neglect. 36. Distribution of fees on death or resignation of collector. 37. Compensation of certain officers increased. 38. Per-centage of certain collectors increased. 39. Certain salaries to cease. Additional allowance to certain officers 40. Commissions of certain officers changed. 43. Commissions of certain officers changed. 44. Certain officers to be paid salaries in addition to other emoluments. 45. Emoluments of certain officers limited. Excess to be paid into the treasury. 46. Limitation of emoluments of other officers. 48. Accounts of emoluments to be rendered on oath. How settled. 49. List of clerks, &c., and statement of contingent expenses to be furnished. 50. Clerks to certify, on oath, to receipt of the sums charged, &c. 53. Additional account to be rendered. To include amounts received for fines, &c. Excess above $2000 to be paid into the treasury. Total compensation limited. 54. Stores to be rented on public account. 55. False swearing to accounts to be deemed perjury. 57. Pro rata allowance for a less period than a year. 59. Certain collectors not to receive extra compensation as dis bursing agents, &c. 60. Compensation of assistant and deputy collectors and principal appraisers at certain ports. Expense of collecting the reve nue not to be increased. Compensation of officers at Milwaukee. B. ENTRY AND DEPARTURE OF VESSELS. I. PORTS AT WHICH ENTRY MAY BE MADE AND GOODS LANDED. 61. Vessels to enter and unlade at ports of entry and delivery. 62. Foreign vessels not to unlade at certain ports. 63. At what ports vessels from the Cape of Good Hope, and places beyond, may be admitted to entry. 64. Vessels may enter at their home ports. 65. Duties of officers at Beacon Island. How goods may be there discharged. 66. Vessels bound to ports of delivery to come to and report at ports of entry with certain exceptions. 67. Vessels bound to Connecticut river to take inspector at Longbrook. 68. Where vessels bound to certain districts to deposit their manifests. 69. Such manifests to be registered and transmitted to port of entry. Inspector may be put on board. Penalty for neglect. 70. Ports of entry to be designated for vessels from British America. II. PROCEEDINGS RELATING TO THE ENTRY OF VESSELS. 72. Form of manifest for American vessels. |