32D CONG.....2D SESS.

northern and southern districts of New York to the fees allowed by the State law to the clerks, attorneys, counsellors, and sheriffs, for similar services in the State courts, are hereby repealed.

Commissioners' Fees.

For administering an oath, ten cents; taking an acknowledgment, twenty-five cents.

For hearing and deciding on criminal charges, five dollars per day for the time necessarily employed.

For attending to a reference in a litigated matter in a civil cause at law, in equity, or in admiralty, in pursuance of an order of court, three dollars per day.

For taking and certifying depositions to file, twenty cents for each folio of one hundred words, and ten cents per folio for each copy of the same furnished to a party on request.

For issuing any warrant or writ, or any other service, the same compensation as is allowed to clerks for like services.

Laws of the United States.

Jurors' Fees.

For actual attendance at any court or courts, two dollars per day during such attendance. For traveling from their residence to said court or courts, five cents per mile for going, and the same for returning.

Printers' Fees.

For publishing any statute, notice, or order required by law, or the lawful order of any court, department, bureau, or other person, in any newspaper, forty cents per folio for the first insertion, and twenty cents per folio for each subsequent insertion. That the compensation herein provided shall include the furnishing lawful evidence, under oath, of publication, to be made and furnished by the printer or publisher making such publication.

The term folio in this act shall mean one hundred words, counting each figure as a word. When there are over fifty and under one hundred words, they shall be counted as one folio, but not when there are less, except when the whole statute,

For issuing any warrant under the tenth article of the treaty of the ninth of August, eighteen hun-notice, or order contains less than fifty words. dred and forty-two, between the United States and the Queen of the United Kingdom of Great Britain and Ireland, against any person charged with any of the crimes or offenses set forth in said article, two dollars; and the same sum for any warrant issued under the provisions of the convention for the surrender of criminals between the United States and the King of the French, concluded at Washington on the ninth of November, eighteen hundred and forty-three; and for hearing and deciding upon the case of any person charged with any offense or crime, and arrested under the provisions of said treaty or convention, five dollars per day for the time necessarily employed.

The bill of fees of clerk, marshal, and attorneys, and the amount paid printers, and witnesses, and lawful fees for exemplifications and copies of papers necessarily obtained for use on trial in cases where, by law, costs are recoverable in favor of the prevailing party, shall be taxed by a judge or clerk of the court, and be included in and form a portion of a judgment or decree against the losing party, such taxed bill shall be filed with the papers in the cause.

Witnesses' Fees.

In cases where the United States are parties, the marshal shall, on the order of the court, to be entered in its minutes, pay to the jurors and witnesses all such fees as they may appear by such order to be entitled to, which sums shall be allowed him at the Treasury in his accounts.

counts to be made out and verified by the party under oath, and forwarded to the First Auditor of the Treasury.

For each day's attendance in court, or before The fees of the marshals, clerks, commissioners, any officer pursuant to law, one dollar and fifty and district attorneys, in cases where the United cents; and five cents per mile for traveling from States are liable to pay the same, shall be paid on his place of residence to said place of trial or hear-settling their accounts at the Treasury, such acing, and five cents per mile for returning. When a witness is subpoenaed in more than one cause between the same parties in different suits at the same court, but one travel fee and one per diem compensation shall be allowed for attendance, to be taxed in the first case disposed of, and " per diem" only in the other causes, to be taxed from that time in each case in the order in which they may be disposed of.

When a witness is detained in prison for want of security for his appearance, he shall be entitled to a compensation of one dollar per day over and above his subsistence.

When a clerk or other officer of the United States shall be sent away from his place of business as a witness for the Government, either with or without papers or books, his salary shall continue; his necessary expenses, stated in items and sworn to, in going, returning, and attendance on the court, shall be audited and paid, but no mileage or other compensation shall in any case be allowed. There shall be paid to such seaman or other person as has been or shall be sent to the United States from any foreign port, station, sea or ocean, by any United States minister, chargé d'affaires, consul, commander, or captain, to give testimony in any criminal case which has been or may be depending in any court of the United States, such compensation as the court which had or shall have cognizance of the crime shall adjudge to be right and proper, not to exceed one dollar for each day the said seaman or person has been or shall be necessarily on the voyage, and arriving at the place of examination or trial, exclusive of sustenance or transportation; the court to take into consideration, in fixing said compensation, the condition of said seaman or witness, whether his voyage has been broken up to his injury by his being sent to the United States or not.

If said seaman or person has been or shall be transported in an armed vessel of the United States, no charge for sustenance or transportation shall be made; if in any other vessel, the court may adjudge what compensation shall be paid to the captain of said vessel, and the same shall be paid accordingly: Provided, That in no case shall transportation and subsistence be allowed at a rate exceeding fifty cents per diem.

NEW SERIES-No. 22.

In prize cases, where there is a condemnation and sale, the costs, so far as they are payable and can be paid out of the proceeds of sale, shall be paid on the order of the court upon the filing of the taxed bills, making them a portion of the record in the case.

No district attorney, marshal, or clerk, or their deputies, shall receive any other or greater compensation for any services rendered by him than is provided in this act; and all acts and parts of acts allowing to either of them any other or greater fees than is herein provided are hereby repealed, and to receive any other or greater compensation is hereby declared to be a misdemeanor; and if any officer hereinbefore mentioned, or his deputy, shall, by reason or color of his office, wilfully and corruptly demand and receive any other or greater fees than those allowed in this act, he shall, on conviction thereof in any court of the United States, forfeit and pay a fine not exceeding five hundred dollars, and be imprisoned not exceeding six months, at the discretion of the court before

whom the conviction shall be had.

But this shall not be construed to probibit the payment of any salary authorized by statute: Provided, That in the State of California and the Territory of Oregon, officers, jurors, and witnesses shall be allowed for the term of two years double the fees and compensation allowed by this act, and the same fees allowed by this act, with fifty per cent. added thereto, for two years thereafter.

That before any bill of costs shall be taxed by any judge or other officer, or allowed by any officer of the Treasury, in favor of clerks, marshals, commissioners, or district attorneys, the party claiming such bill shall prove by his own oath, or some other person having a knowledge of the facts, to be attached to such bill and filed therewith, that the services charged therein have been actually and necessarily performed as therein stated.

That witnesses who are required to attend any term of the court on the part of the United States shall be subpoenaed to attend to testify generally

on their behalf, and not to depart the court without leave of the court or district attorney, under which it shall be their duty to appear before the grand jury or petit jury, or both, as they shall be required by the court or district attorney; no writ shall be necessary to bring into court any prisoner or person in custody, or for remanding him from the court into custody; but the same shall be done on the order of the court or district attorney, for which no fee shall be charged by the clerk or the marshal.

SEC. 4. And be it further enacted, That if any person shall falsely take an oath or affirmation in relation to any matter authorized by this act, such person shall be deemed guilty of perjury, and upon conviction thereof shall suffer the pains and penalties in that case provided.

SEC. 5. And be it further enacted, That all laws and regulations heretofore made which are incompatible with the provisions of this act are hereby repealed and abrogated: Provided, nevertheless, That this act shall not be construed to repeal or modify any clause or provision of an act approved the eighteenth September, eighteen hundred and fifty, entitled "An act to amend, and supplementary to, the act entitled An act respecting fugitives from justice, and persons escaping from the service of their masters, approved February twelfth, seventeen hundred and ninety-three.

SEC. 6. And be it further enacted, That the act approved September twenty-eighth, eighteen hundred and fifty, entitled "An act to provide for extending the laws and judicial system of the United States to the State of California," be so amended as to confer on the district court of the State of California jurisdiction in all criminal cases as fully and completely as is conferred by law upon the district or circuit court of the State of New York.

APPROVED, February 26, 1853.

PUBLIC, XXVII.-An Act to prevent Frauds upon the Treasury of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all transfers and assignments hereafter made of any claim upon the United States, or any part or share thereof, or interest therein, whether absolute or conditional, and whatever may be the consideration therefor; and all powers of attorney, orders, or other authorities for receiving payment of any such claim, or any part or share thereof, shall be absolutely null and void, unless the same shall be freely made and executed in the presence of at least two attesting witnesses, after the allowance of such claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof.

SEC. 2. And be it further enacted, That any officer of the United States, or person holding any place of trust or profit, or discharging any official function under, or in connection with, any executive department of the Government of the United States, or under the Senate or House of Representatives of the United States, who, after the passage of this act, shall act as an agent or attorney for prosecuting any claim against the United States, or shall in any manner, or by any means otherwise than in the discharge of his proper official duties, aid or assist in the prosecution or support of any such claim or claims, or shall receive any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claims, shall be liable to indictment as for a misdemeanor, in any court of the United States having jurisdiction thereof, and, on conviction, shall pay a fine not exceeding five thousand dollars, or suffer imprisonment in the penitentiary not exceeding one year, or both, as the court in its discretion shall adjudge.

SEC. 3. And be it further enacted, That any Senator or Representative in Congress who, after the passage of this act, shall, for compensation paid or to be paid, certain or contingent, act as agent or attorney for prosecuting any claim or claims against the United States, or shall in any manner or by any means for such compensation aid or assist in the prosecution or support of any such claim or claims, or shall receive any gratuity, or

32D CONG....2D Sess.

any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted in the prosecution of such claim, shall be liable to indictment as for a misdemeanor in any court of the United States having jurisdiction thereof, and, on conviction, shall pay a fine not exceeding five thousand dollars, or suffer imprisonment in the penitentiary not exceeding one year, or both, as the court in its discretion shall adjudge.

SEC. 4. And be it further enacted, That any person who, with intent to steal or destroy, shall wilfully and knowingly destroy, ar attempt to destroy, or shall take and carry away any record, paper, or proceeding of a court of justice, filed or deposited with any clerk or officer of such court, or any paper or document or record filed or deposited in any public office, or with any judicial or public

officer, shall, without reference to the value of the record, paper, document, or proceeding, so taken, be deemed guilty of felony, and on conviction in any court of the United States having jurisdiction thereof, shall pay a fine not exceeding two thousand dollars, or suffer imprisonment in a penitentiary not exceeding three years, or both, as the court in its discretion shall adjudge.

SEC. 5. And be it further enacted, That any officer having the custody of any record, document, paper, or proceeding specified in the last preceding section of this act, who shall fraudulently take away, or withdraw, or destroy any such record, document, paper, or proceeding filed in his office or deposited with him, or in his custody, shall be deemed guilty of felony, and on conviction in any court of the United States having jurisdiction thereof, shall pay a fine not exceeding two thousand dollars, or suffer imprisonment in a penitentiary not exceeding three years, or both, as the court in its discretion shall adjudge, and shall forfeit his office and be forever afterwards disqualified from holding any office under the Government of the United States.

SEC. 6. And be it further enacted, That if any person or persons shall directly or indirectly, promise, offer, or give, or cause or procure to be promised, offered, or given, any money, goods, right in action, bribe, present, or reward, or any promise, contract, undertaking, obligation, or security, for the payment or delivery of any money, goods, right in action, bribe, present, or reward, or any other valuable thing whatever, to any member of the Senate or House of Representatives of the United States, after his election as such member, and either before or after he shall have qualified and taken his seat, or to any officer of the United States, or person holding any place of trust or profit, or discharging any official function under or in connection with any department of the Government of the United States, or under the Senate or House of Representatives of the United States, after the passage of this act, with intent to influence his vote or decision on any question, matter, cause, or proceeding which may then be pending, or may by law, or under the Constitution of the United States, be brought before him in his official capacity, or in his place of trust or profit, and shall be thereof convicted, such person or persons so offering, promising, or giving, or causing or procuring to be promised, offered, or given any such money, goods, right in action, bribe, present or reward, or any promise, contract, undertaking, obligation, or security for the payment or delivery of any money, goods, right in action, bribe, present, or reward, or other valuable thing whatever, and the member, officer, or person who shall in any wise accept or receive the same, or any part thereof, shall be liable to indictment as for a high crime and misdemeanor in any court of the United States having jurisdiction for the trial of crimes and misdemeanors; and shall, upon conviction thereof, be fined not exceeding three times the amount so offered, promised, or given, and imprisoned in a penitentiary not exceeding three years; and the person convicted of so accepting or receiving the same, or any part thereof, if an officer or person holding any such place of trust or profit as aforesaid, shall forfeit his office or place; and any person so convicted under this section shall forever be disqualified to hold any office of honor, trust, or profit, under the United States.

SEC. 7. And be it further enacted, That the pro

Laws of the United States.

visions of this act, and of the act of July twentyninth, eighteen hundred and forty-six, entitled "An act in relation to the payment of claims,' shall apply and extend to all claims against the United States, whether allowed by special acts of Congress or arising under general laws of treaties, or in any other manner whatever.

SEC. 8. And be it further enacted, That nothing in the second and third sections of this act contained shall be construed to apply to the prosecution or defense of any action or suit in any judicial court of the United States.

APPROVED, February 26, 1853.

PUBLIC, XXVIII.-An Act to Regulate the Terms of the District Court of the United States for the district of Iowa.

sentatives of the United States of America in Congress Be it enacted by the Senate and House of Repreassembled, That instead of three terms annually of

assembled, That the depositaries which have been or may be designated by the Secretary of the Treasury, under the fifteenth section of the act of the sixth of August, eighteen hundred and forty-six, to receive payments and give receipts or certificates of deposit for public money from miscellaneous sources, other than the transactions of the respective offices for which they are or may be commissioned, may be paid in full compensation for receiving, safely keeping, and paying out such public money, after the first day of March, eighteen hundred and forty-nine, at the rate of one half of one per centum for the first one hundred thousand dollars; one fourth of one per centum for the second one hundred thousand dollars; and one eighth of one per centum for all sums over two hundred thousand dollars; any sum which may have been allowed to such depositary for rent or any other contingent lic money, being deducted from such compensaexpenses in respect to the custody of such pubtion before any payment shall be made therefor: Provided, That no compensation shall be allowed for the above services when the emoluments of the office of which said designated depositary is in

the district court of the United States for the district of Iowa, as now prescribed by law, there shall hereafter be held annually six terms of said court, as follows: at Dubuque on the first Mondays of January and July; at lowa city on the first Mon-commission amounts to the maximum compensa days of May and October; and at Burlington on the third Mondays of May and October.

SEC. 2. And be it further enacted, That all process, bail-bonds, and recognizances returnable at the term of said court at Dubuque, Iowa city, and returned to the court next to be held at the place Burlington respectively, shall be returnable and where said process, bail-bonds, and recognizances are made returnable, and all continuances may be made to conform to this act.

SEC. 3. And be it further enacted, That all acts of this act be, and the same are hereby, repealed. and parts of acts inconsistent with the provisions APPROVED, February 26, 1853.

tion fixed by law; nor shall the amount allowed to any of said designated depositaries for such services, when added to the emoluments of the office of which he is in commission, be more than suffi

cient to make the maximum compensation fixed services shall not exceed fifteen hundred dollars by law: And provided further, That the whole allowance to any designated depositary for such

per annum.

SEC. 2. And be it further enacted, That the sum of twenty thousand dollars be and the same is hereby appropriated to meet the allowance which may be made under the provisions of this act. APPROVED, March 2, 1853.

Government of Washington.

PUBLIC, XXVIX.—An Act making Appropriations| PUBLIC, XXXI.—An Act to Establish the Territorial for the Support of the Military Academy for the year ending the thirtieth of June, one thousand eight hundred and fifty-four.

Be it enacted by the Senate and House of Repreassembled, That the following sums be, and the sentatives of the United States of America in Congress same are hereby, appropriated out of any money in the Treasury not otherwise appropriated, for the support of the Military Academy for the year ending the thirtieth of June, one thousand eight hundred and fifty-four.

For pay of officers, instructors, cadets, and musicians, eighty-eight thousand two hundred and sixty-six dollars.

For commutation of subsistence, two thousand one hundred and ninety dollars.

For forage for officers' horses, nine hundred and sixty dollars.

For repairs, fuel, and apparatus therefor, forage for public horses and oxen, postage, stationery, printing, and other incidental and contingent expenses, twenty-nine thousand six hundred and sixty dollars.

For increase and expenses of the library, one thousand dollars.

For expenses of the board of visitors, three thousand dollars.

For completion of the new mess-hall, three

thousand five hundred dollars.

For stable for dragoon and artillery horses, eight thousand dollars.

For forage for dragoon and cavalry horses, eight thousand six hundred and forty dollars.

For additional pay of fifty dollars each to the soldier employed in the Adjutant's office as clerk, and to the two enlisted men employed in the philosophical and chemical departments, one hundred and fifty dollars.

For the construction of a wharf, four thousand three hundred and thirty dollars. APPROVED, March 2, 1853.

Be it enacted by the Senate and House of Repreassembled, That, from and after the passage of this sentatives of the United States of America in Congress act, all that portion of Oregon Territory lying and being south of the forty-ninth degree of north latitude, and north of the middle of the main channel of the Columbia river, from its mouth to where the for

ty-sixth degree of north latitude crosses said river near Fort Walla-Walla, thence with said forty-sixth degree of latitude to the summit of the Rocky Mountains, be organized into and constitute a temporary government by the name of the Territory of Washington: Provided, That nothing in this act contained shall be construed to affect the authority of the Government of the United States to make any regulation respecting the Indians of said Territory, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the Government to make if this act had never passed: Provided further, That the title to the land, not exceeding six hundred and forty acres, now occupied as missionary stations among the Indian tribes in said Territory, or that may have been so occupied as missionary stations prior to the passage of the act establishing the Territorial Government of Oregon, together with the improvements thereon, be, and is hereby, confirmed and established to the several religious societies to which said missionary stations respectively belong.

SEC 2. And be it further enacted, That the executive power and authority in and over said Tertory of Washington shall be vested in a governor, his successor shall be appointed and qualified, unwho shall hold his office for four years, and until less sooner removed by the President of the United States. The governor shall reside in said Territory, shall be the commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs; he may grant pardons and remit fines and forfeitures for offenses against the laws of said Territory, and respites for offenses against the laws of the United States until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, where by law such commissions shall be required, and shall take care that the laws be faithfully executed.

32D CONG.....2D SESS.

Laws of the United States.

But thereafter the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives, according to the number of qualified voters, shall be prescribed by law, as well as the day of the commencement of the regular session of the legislative assembly: Provided, That no session in any one year shall exceed the term of sixty days, except the first session, which shall not exceed one hundred days.

SEC. 4 And be it further enacted, That the legislative power and authority of said Territory shall be vested in a legislative assembly, which shall consist of a council and house of representatives. The council shall consist of nine members, having the qualification of voters, as hereinafter prescribed, whose term of service shall continue three years. Immediately after they shall be assembled, in consequence of their first election, they shall be divided as equally as may be into three classes. The seats of the members of council of the first class shall be vacated at the expiration of the first year, of the second class at the expiration of the second year, and of the third class at the expiration of the third year, so that one third may be chosen every year; and if vacancies happen, by resignation or otherwise, the same shall be filled at the next ensuing election. The house of representatives shall, at its first session, consist of eighteen members, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. The number of representatives may be increased by the legislative assembly, from time to time, in proportion to the increase of qualified voters: Provided, That the whole number shall never exceed thirty. An ap. portionnent shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the council and representatives, giving to each section of the Territory representation in the ratio of its qualified voters, as nearly as may be. And the members of the council and of the house of representatives shall reside in, and be inhabitants of, the district or county or counties for which they may be elected, respectively. Previous to the first election, the governor shall cause a census or enumeration of the inhabitants and qualified voters of the several counties and districts of the Territory to be taken, by such persons and in such mode as the governor shall designate and appoint; and the persons so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time and places, and be conducted in such manner, both as to the persons who shall superintend such election and the returns thereof, as the governor shall appoint and direct; and he shall at the same time declare the number of members of the council and house of representatives to which each of the counties or districts shall be entitled under this act; and the governor shall, by his proclamation, give at least sixty days' previous notice of such apportionment, and of the time, places, and manner of holding such election. The persons having the highest number of legal votes in each of said council districts for members of the council, shall be declared by the governor to be duly elected to the council, and the persons having the highest number of legal votes for the house of representatives shall be declared by the governor to be duly elected members of said house: Provided, That in case two or more persona voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the legislative assembly, the governor shall order a new election; and the persons thus elected to the legislative assembly shall meet at such place and on such day within ninety days after such elections as the governor shall appoint,

year after the expiration of such term; but this restriction shall not be applicable to members of the first legislative assembly; and no person holding a commission or appointment under the United States shall be a member of the legislative assembly, or shall hold any office under the government of said Territory.

SEC. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices during the period of four years and until their successors shall be appointed and qualified. The said Territory shall be divided into three

as shall be prescribed by the legislative assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States above the age of twenty-one years, and those above that age who shall have declared on oath their intention to become such, and shall have taken an oath to support the Constitution of the United States and the rovisions of this act: And provided further, That no officer, soldier, seaman, mariner, or other person in the army or navy of the United States, or attached to troops in the service of the United States, shall be allowed to vote in said Territory, by reason of being on service therein, unless said Territory is, and has been for the period of six months, his permanent domicil: Provided further, That no person belonging to the army or navy of the United States shall ever be elected to or hold any civil office or appointment in the said Territory.

SEC. 6. And be it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States. But no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. All the laws passed by the legislative assembly shall be submitted to the Congress of the United States, and, if disapproved, shall be null and of no effect: Provided, That nothing in this act shall be construed to give power to incorporate a bank or any institution with banking powers, or borrow money in the name of the Territory, or to pledge the faith of the people of the same for any loan whatever, directly or indirectly. No charter granting any privileges of making, issuing, or putting into circulation any notes or bills in the likeness of bank notes, or any bonds, scrip, drafts, bills of exchange, or obligations, or granting any other banking powers or privileges, shall be passed by the legislative assembly; nor shall the establishment of any branch or agency of any such corporation, derived from other authority, be allowed in said Territory; nor shall said legislative assembly authorize the issue of any obligation, scrip, or evidence of debt by said Territory, in any mode or manner whatever, except certificates for service to said Territory. And all such laws, or any law or laws inconsistent with the provisions of this act, shall be utterly null and void. And all taxes shall be equal and uniform; and no distinction shall be made in the assessments between different kinds of property, but the assessments shall be according to the value thereof. To avoid improper influences which may result from intermixing in one and the same act such things as have no proper relations to each other, every law shall embrace but one object, and that shall be expressed in the title.

SEC. 7. And be it further enacted, That all township, district, and county officers not herein otherwise provided for shall be appointed or elected in such manner as shall be provided by the legislative assembly of the Territory of Washington.

SEC. 8. And be it further enacted, That no member of the legislative assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected and for one

in each of said districts by one of the justices of the supreme court at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any case in which the title to land shall in any wise come in question, or where the debt or damages claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery as well as common-law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals, shall be allowed in all cases from the final decisions of said district court to the supreme court, under such regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error and appeals from the final decisions of said supreme court shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the circuit court of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed two thousand dollars, and in all cases where the constitution of the United States, or acts of Congress, or a treaty of the United States, is brought in question; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution of the United States and the laws of said Territory, as is vested in the circuit and district courts of the United States; writs of error and appeal in all such cases shall be made to the supreme court of said Territory the same as in other cases. Writs of error, and appeals from the final decisions of said supreme court, shall be allowed and may be taken to the Supreme Court of the United States in the same manner as from the circuit courts of the United States, where the value of the property, or the amount in controversy, shall exceed two thousand dollars, and each of said district courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and laws of the United States, as is vested in the circuit and district courts of the United States; and also of all cases arising under the laws of said Territory, and otherwise. The said clerk shall receive in all such cases the same fees which the clerks of the district courts of the Territory of Oregon receive for similar services.

SEC. 10. And be it further enacted, That there shall be appointed an attorney for said Territory, who shall continue in office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall receive the same fees and salary as is provided by law for the attorney of the United States for the Territory of Oregon. There shall also be a marshal for the Territory appointed, who shall hold his office for four years and until his succes

32D CONG.....2D SESS.

sor shall be appointed and qualified, unless sooner removed by the President, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulation and penalties, and be entitled to the same fees, as are provided by law for the marshal of the Territory of Oregon, and shall, in addition, be paid the sum of two hundred dollars annually as a compensation for extra services.

SEC. 11. And be it further enacted, That the governor, secretary, chief justice, and associate justices, attorney, and marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the United States. The governor and secretary to be appointed as aforesaid shall, before they act as such, respectively take an oath or affirmation before the district judge, or some justice of the peace in the limits of the said Territory duly authorized to administer oaths and affirmations by the laws in force therein, or before the chief justice or some associate justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person before whom the same shall have been taken; and such certifi cates shall be received and recorded by the said secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the Territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid; and afterwards the like oath or affirmation shall be taken, certified and recorded in such manner and form as may be prescribed by law. The governor shall receive an annual salary of fifteen hundred dollars as governor, and fifteen hundred dollars as superintendent of Indian affairs. The chief justice and associate justices shall each receive an annual salary of two thousand dollars. The Secretary shall receive an annual salary of fifteen hundred dollars. The said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the Treasury of the United States; but no such payment shall be made until said officers shall have

entered upon the duties of their respective appointments. The members of the legislative assembly shall be entitled to receive three dollars each per day during their attendance at the session thereof, and three dollars each for every twenty miles' travel in going to and returning from said session, estimated according to the nearest usually-traveled route. And a chief clerk, one assistant clerk, a sergeant-at-arms, and doorkeeper, may be chosen for each house; and the chief clerk shall receive five dollar per day, and the said other officers three dollars per day, during the session of the legislative assembly; but no other officers shall be paid by the United States: Provided, That there shall be but one session of the legislative assembly annually, unless on an extraordinary occasion the governor shall deem it expedient and proper to call the legislature together. There shall be appropriated annually the sum of fifteen hundred dollars, to be expended by the governor, to defray the contingent expenses of the Territory, including the salary of a clerk of the executive department; and there shall also be appropriated annually a sufficient sum, to be expended by the secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses; and the governor and secretary of the Territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the Secretary of the Treasury of the United States, and shall, semi-annually, account to the said Secretary for the manner in which the aforesaid sums of money shall have been expended; and no expenditure, to be paid out of money appropriated by Congress, shall be made by said legislative assembly for objects not specially authorized by the acts of Congress making the

Laws of the United States.

appropriations, nor beyond the sums thus appropriated for such objects.

SEC. 12. And be it further enacted, That the laws now in force in said Territory of Washington by virtue of the legislation of Congress in reference to the Territory of Oregon, which have been enacted and passed subsequent to the first day of September, eighteen hundred and forty-eight, applicable to the said Territory of Washington, together with the legislative enactments of the Territory of Oregon, enacted and passed prior to the passage of, and not inconsistent with, the provisions of this act, and applicable to the said Territory of Washington, be and they are hereby, continued in force in said Territory of Washington until they shall be repealed or amended by future legislation.

SEC. 13. And be it further enacted, That the legislative assembly of the Territory of Washington shall hold its first session at such time and place in said Territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the legislative assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by said legislative assembly. And the sum of five thousand dollars, out of any money in the Treasury not otherwise appropriated, is hereby appropriated and granted to said Territory of Washington, to be there applied by the governor to the erection of suitable buildings at the seat of government.

cuit courts established by this act as aforesaid: Provided, That no right of action whatever shall accrue against any person for any act done in pursuance of any law heretofore passed by the legislative assembly of the Territory of Oregon, and which may be declared contrary to the Constitution or laws of the United States.

SEC. 16. And be it further enacted, That all justices of the peace, constables, sheriffs, and other judicial and ministerial officers, who shall be in office within the limits of said Territory of Washington when this act shall take effect, shall be and they are hereby authorized and required to continue to exercise and perform the duties of their respective offices, as officers of said Territory, until they or others shall be duly elected or appointed, and qualified, to fill their places in the manner herein directed, or until their offices shall be abolished.

SEC. 17. And be it further enacted, That the sum of five thousand dollars be, and the same is hereby, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be expended, by and under the direction of the governor of Washington, in the purchase of a library, to be kept at the seat of government for the use of the governor, legislative assembly, judges of the supreme court, secretary, marshal, and attorney of said Territory, as shall be prescribed by law.

SEC. 18. And be it further enacted, That, until otherwise provided for by law, the governor of said Territory may define the judicial districts of said Territory, and assign the judges who may be ap

and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts by proclamation, to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem expedient and proper.

SEC. 14. And be it further enacted, That a dele-pointed for said Territory to the several districts, gate to the House of Representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as have been heretofore exercised and enjoyed by the delegates from the several other Territories of the United States to the House of Representatives; but the delegate first elected shall hold his seat only during the term of the Congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; of which, and the time, place, and manner of holding such elections, he shall give at least sixty days' notice by proclamation; and at all subsequent elections the time, places, and manner of holding the elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly. The delegate from said Territory shall be entitled to receive the same per diem compensation and mileage at present allowed the delegate from the Territory of Oregon.

SEC. 19. And be it further enacted, That all officers to be appointed by the President, by and with the advice and consent of the Senate, for the Territory of Washington, who by virtue of the provisions of any law of Congress now existing, or which may be enacted during the present session of Congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security at such time and place, and in such manner, as the Secretary of the Treasury may prescribe.

SEC. 20. And be it further enacted, That when the lands in said Territory shall be surveyed, under the direction of the Government of the United States, preparatory to bringing the same into market, or otherwise disposing thereof, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to common schools in said Territory. And in all cases where said sections sixteen and thirty-six, or either prior to survey thereof, the county commissioners or any of them, shall be occupied by actual settlers of the counties in which said sections so occupied as aforesaid are situated, be and they are hereby authorized to locate other lands to an equal amount in sections or fractional sections, as the case may be, within their respective counties in lieu of said sections so occupied as aforesaid.

SEC. 21. And be it further enacted, That the Territory of Oregon and the Territory of Washington shall have concurrent jurisdiction over all offenses committed on the Columbia river, where said river forms a common boundary between said Territories.

SEC. 15. And be it further enacted, That all suits, plaints, process, and proceedings, civil and criminal, at law and in chancery, and all indictments and informations, which shall be pending and undetermined in the courts established within and for said Territory of Oregon, by act of Congress entitled "An act to establish the territorial government of Oregon," approved August fourteen, one thousand eight hundred and forty-eight, wherein the venue in said cases, suits at law, or in chancery, or criminal proceedings, shall be included within the limits hereinbefore declared and established for the said Territory of Washington; then, and in that case, said actions so pending in the supreme or circuit courts of the Territory or Oregon shall be, by the clerks of said courts, duly certified to the proper courts of said Territory of Washington; and thereupon said causes shall, in all things concerning the same, be proceeded on, and judgments, verdicts, decrees and sentences rendered thereon, in the same manner as if the said Territory had not been divided. All bonds, recognizances, and obligations of every kind whatsoever, valid, under the existing laws, within the limits of said Territory of Oregon, shall be held valid under this act, and all crimes and misdemeanors Be it enacted by the Senate and House of Repreagainst the laws now in force within the said limits sentatives of the United States of America in Congress of the Territory of Washington, may be prose- assembled, That the selectmen of the town of Chelcuted, tried, and punished in the courts established sea, in the State of Massachusetts, be and they are by this act, and all penalties, forfeitures, actions, hereby authorized and empowered to lay out and and causes of action, may be recovered and en- make a way or street, not exceeding fifty feet in forced, under this act, before the supreme and cir-width, over the lands of the United States, situa

APPROVED, March 2, 1853.

PUBLIC, XXXII.-An Act authorizing the Selectmen of the Town of Chelsea, in the State of Massachusetts, to lay out and make a way on Lands of the United States in said town.

32D CONG.....2D SESS.

ted in Chelsea, in said Commonwealth, north of the marine hospital; said way or street to connect the east end of Third street with the west end of Middlesex street, in the village of Chelsea: Provided, That said right of way can, in the opinion of the Secretary of the Treasury, be granted without prejudice to the public interests; and if hereafter said way shall be discontinued, the right hereby granted shall revert to the United States.

APPROVED, March 2, 1853.

PUBLIC, XXXIII.—An Act providing for administering the Oath of Office to William R. King, Vice President elect of the United States of America. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That William L. Sharkey, who was appointed Consul of the United States at Havana, be and he is hereby authorized to administer at Havana, or any other place in the island of Cuba, to William R. King, Vice President elect of the United States of America, the oath of office prescribed by the sixth article of the Constitution thereof, on the fourth day of March next, or some subsequent day, in the following terms, to wit: "I, William R. King, do solemnly swear that I will support the Constitution of the United States." Which oath, when thus administered, it shal! be the duty of the said William L. Sharkey, and he is hereby required, to certify under his hand to the Congress of the United States.

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Laws of the United States.

For expenses of depositing public moneys, by receivers of public moneys, two thousand and fifty dollars.

For incidental expenses of the several land offices, three thousand eight hundred dollars.

For the extension of the United States Capitol, four hundred thousand dollars: Provided, That so much of former appropriations for the extension of the Capitol as remains unexpended, and the appropriation now made, or which may hereafter be made for that object, shall be disbursed under such regulations as the President of the United States may prescribe; the accounts for such disbursement to be audited and paid at the Treasury in the same manner as the accounts of other civil officers charged with the disbursement of public money; and said disbursing agent shall report to the President his disbursements and proceedings, in time to be presented to Congress at the commencement of each annual session, and at any other time when required.

For the completion of the repairs of the Congressional Library room, authorized by the act approved March nineteenth, eighteen hundred and fifty-two, twenty thousand five hundred dollars.

For compensation of three men at one dollar per day each for one year, to finish and keep in order Lafayette square, one thousand and ninety five

dollars.

For inclosing Lafayette square with an iron fence, five thousand one hundred dollars.

For completing the work of the seventh census, and to prepare the same for publication, twentyfive thousand dollars.

ministration of the said oath as is hereinbefore provided.

APPROVED, March 2, 1853.

PUBLIC, XXXIV-An Act to amend an Act entitled "An Act to amend an Act to settle and adjust the Expenses of the People of Oregon from attacks and hostilities of Cayuse Indians in the years eighteen hundred and forty-seven and eighteen hundred and forty-eight," approved August twenty-first, eighteen hundred and fifty-two.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury pay, out of the appropriation mentioned in the act "to settle and adjust the expenses of the people of Oregon from attacks and hostilities of Cayuse Indians in the years eighteen hundred and fortyseven and eighteen hundred and forty-eight," approved February fourteenth, eighteen hundred and fifty-one, the sums found due and allowed by Commissioners Wait and Rice, and by the Governor of Oregon.

APPROVED, March 2, 1853.

PUBLIC, XXXV.-An Act to supply Deficiencies in the Appropriations for the service of the fiscal year ending the thirtieth of June, one thousand eight hundred and fifty-three.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated to supply deficiencies in the appropriations for the service of the fiscal year ending the thirtieth of June, eighteen hundred and fifty-three, out of any money in the treasury not otherwise appropriated, namely:

For compensation of the Vice President of the United States, one thousand six hundred and thirty-eight dollars and eighty nine cents.

For outfit of a chargé d'affaires to Denmark,

four thousand five hundred dollars.

For salary to the commissioner at the Sandwich Islands from the seventh of June, eighteen hundred and fifty, to July first, eighteen hundred and fifty-two, and to make the same equal to the sum now provided for by law, four thousand four hundred and fourteen dollars.

For the contingent expenses of the office of the Treasurer of the United States, one thousand dollars.

For salaries and commissions of registers of land

For the compensation of Senators for the year ending thirtieth of June, eighteen hundred and fifty-three, in addition to appropriations heretofore made, and including that for the special session commencing fourth March, eighteen hundred and fifty-three, twenty-five thousand dollars.

For contingent expenses of the Senate, viz: For binding, twenty thousand dollars. For lithographing and engraving, twenty thousand dollars.

For books, two thousand three hundred dollars. For Congressional Globe, and binding the same, one thousand eight hundred and forty-three dol

lars.

For messengers, pages, laborers, police, horses, and carry-alls, ten thousand dollars.

For clerks of President of the Senate and committees, draughtsman, fireman in crypt, and other miscellaneous items, thirty-six thousand six hundred dollars.

For the printing of the Senate for the first session of the Thirty-second Congress, fourteen thousand five hundred and thirty-three dollars.

For the printing of the House of Representatives for the first session of the Thirty-second Congress, twenty-five thousand five hundred and seventy dollars.

For the printing of the Senate for the second session of the Thirty-second Congress, thirtyseven thousand four hundred and sixty-three dollars.

To pay for the Congressional Globe and Appendix and the Annals of Congress, ordered for the use of the Library of the House of Representatives, under the resolution of the House of September twenty-eight, eighteen hundred and fifty, four thousand five hundred dollars.

atives to furnish, pay for, and deliver the same To enable the Clerk of the House of Representbooks to five new members of the present Congress, as per resolution of said House, passed twenty-sixth July, eighteen hundred and fifty-two,

four thousand five hundred dollars.

For compensation of five clerks, authorized to be appointed and employed by the Postmaster General, under the thirteenth section of the act of

For contingent expenses of the House of Representatives, viz:

For newspapers for members, five thousand dol

lars.

For clerks, messengers, pages, and laborers, ten thousand five hundred dollars.

For clerks on maps for the use of the Committee on Public Lands, seven thousand five hundred dollars.

For folding documents for members, four thousand dollars.

For clerks on index of private claims, twentyeight thousand nine hundred and twelve dollars and fifty cents.

For compensation to an assistant day watchman of the General Post Office, from the fifteenth of

September, eighteen hundred and fifty two, until three, four hundred and seventy-five dollars. the thirtieth of June, eighteen hundred and fifty

For the payment of the amount due William Williams, under the sixteenth article of the Cherokee treaty of eighteen hundred and thirty-five and six, being the balance of an award of four hundred and five dollars by the commissioners under said treaty, two hundred and fifty-five dollars of which was paid out of the appropriation "for carrying into effect the Cherokee treaty of eighteen hundred and thirty-five and six," one hundred and fifty dollars.

To pay Gregory Ennis, executor of Philip Ennis, deceased, balance due upon a contract for filling up the low ground south of the President's House, authorized by act of March third, eighteen hundred and forty-nine, the sum of four hundred and seventy-four dollars and fifty-four cents.

For expenses of the Board of Visiters at the Military Academy, five hundred and fifty-seven dollars and eighty-three cents.

For expenses which may be incurred in acknowledging the services of the masters and crews of foreign vessels in rescuing American citizens and American vessels from shipwreck, two thousand dollars: Provided, That the money shall be

For paper used and to be used for printing for the Senate for the first session of the Thirty-second Congress, thirteen thousand two hundred and thirty-four dollars and forty cents.

For paper used and to be used for printing for the House of Representatives for the first session of the Thirty-second Congress, sixteen thousand four hundred and eleven dollars and fifty cents.

For paper for the printing for the two Houses of Congress for the second session of the Thirtysecond Congress, being for the fiscal year ending the thirtieth of June, eighteen hundred and fiftythree, one hundred and forty thousand and sixtyfour dollars.

For compensation to the Superintendent of Public Printing, and the two clerks and messenger in his office, four thousand three hundred and seventy-six dollars and thirty-three cents.

For blank books, advertising for proposals for paper, postage, &c., one thousand five hundred and fifty dollars.

To enable the Clerk of the House of Representatives to comply with the resolution of the House of Representatives passed on the twenty-second of December, one thousand eight hundred and fiftytwo, to pay John S. Littell per diem and mileage while contesting the seat of John Robbins, Jr., during the Thirty-first Congress, two thousand three hundred and seventy-six dollars; to pay Hendrick B. Wright per diem and mileage while contesting the seat of Henry M. Fuller during the