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of Illinois and Missouri, in addition to the appropriation herein before Surveys in

Illinois and made for the surveys of the public lands, thirty-six thousand dollars;

Missouri. For the compensation of additional clerks and a topographer to be Additional employed in the Post Office Department, ten thousand two hundred clerks, &c. in dollars ;

Post Office De

partment. For the compensation of additional clerks to be employed in the office Additional of the Auditor of the Treasury for the Post Office Department, six clerks in office thousand dollars;

of Auditor of

Post Office. For law books for the library of Congress, five thousand dollars, to Law

books for be expended in the purchase of such books, a catalogue of which shall the library of be furnished by the Chief Justice of the United States.

Congress. Sec. 2. And be it further enacted, That the Secretary of the Trea- Pay of collectsury be, and he is hereby, authorized to pay to the collectors, deputy ors, deputy colcollectors, naval officers, surveyors, and their respective clerks, together officers, &c. with the weighers, gaugers, measurers, and markers of the several ports of the United States, out of any money in the Treasury not otherwise appropriated, such sums as will give to the said officers, respectively, the same compensation in the year one thousand eight hundred and thirty-seven, according to the importations of that year, as they would have been entitled to receive if the act of the fourteenth of July, one 1836, ch. 224. thousand eight hundred and thirty-two, had not gone into effect: Pro- Proviso. vided, That no officer shall receive, under this act, a greater annual salary or compensation than was paid to such officer for the year one thousand eight hundred and thirty-two; and that in no case shall the compensation of any other officers than collectors, naval officers, surveyors, and clerks, whether by salaries, fees, or otherwise, exceed the sum of fifteen hundred dollars each per annum; nor shall the union of any two or more of those offices in one person entitle him to receive more than that sum per annum: Provided further, That the said col- Further prolectors,

naval officers, and surveyors shall render an account quarterly viso. to the Treasury; and the other officers herein named or referred to shall render an account quarterly to the respective collectors of the customs where they are employed, to be forwarded to the Treasury, of all the fees and emoluments whatever by them, respectively, received, and of all expenses incidental to their respective offices; which accounts shall be rendered on oath or affirmation, and shall be in such form, and supported by such proofs, to be prescribed by the Secretary of the Treasury, as will, in his judgment, best enforce the provisions of this section and show its operation and effect; (a) Provided, also, That in Further prothe event of any act being passed by Congress at the present session to viso. regulate and fix salaries or compensation of the respective officers of the customs, then this section shall operate and extend to the time such act goes into effect, and no longer; Provided, however, That the Secretary of the Treasury be authorized to extend to the collectors at such viso. other ports, where a surplus of emoluments have been accounted for and paid into the Treasury in the year eighteen hundred and thirty-two, the privilege granted to the collector of New York; to take effect from the first day of January last.

Sec. 3. And be it further enacted, That the clerks in the Depart Increase of ments of State, Treasury, Navy and War, and of the two Houses of salaries of cl'ks Congress, and the Librarians of Congress, whose salaries are less than and messen

gers. two thousand dollars, shall, in addition thereto, be allowed the following increase of annual compensation, from the first day of January last, to the end of the next session of Congress, (b) viz: such of said clerks whose annual compensation does not exceed one thousand dollars, an addition of twenty per cent. thereto; such of said clerks whose annual (a) There was no further legislation on this subject during the session.

6) The act of October 12, 1837, chap. 4, continues to the end of the second session of the twenty fifth Congress, all the acts which would, otherwise, have expired.

Further pro

compensation exceeds one thousand dollars, an addition of ten per cent. thereto; and twenty per cent. in addition to the salaries of messengers and assistant messengers employed in the respective offices, and the library of Congress; the amount of increase of compensation provided

for in this section, to be paid out of any money in the Treasury not Proviso. otherwise appropriated, Provided, That nothing in this section shall be

so construed as to affect the salaries of any clerks whose salaries have

been fixed by any law of the last or present session of Congress, ProFurther pro- vided, That no further extra allowance be given for any extra services viso.

performed by them under any law or resolution of Congress.

APPROVED, March 3, 1837. STATUTE II. March 3, 1837. Cuap. XXXIV.-An Act supplementary to the act entitled An act to amend the

judicial system of the United States. (a) Act of April 29, 1802, ch, 31. Be it enacted, by the Senate and House of Representatives of the United Supreme States of America in Congress assembled, That the Supreme Court of Court to consist the United States shall hereafter consist of a chief justice, and eight of a chief justice and eight associate judges, any five of whom shall constitute a quorum; and for associate this purpose there shall be appointed two additional justices of said judges, &c.

Act of Jan: 21, court, with the like powers, and to take the same oaths, perform the 1829, ch. 12. same duties, and be entitled to the same salary, as the other associate

judges. Hereafter, the districts of Vermont, Connecticut, and New 2d circuit. York, shall constitute the second circuit; the district of New Jersey,

the eastern and western districts of Pennsylvania, shall constitute the 3d circuit.

third circuit; the district of Maryland and the district of Delaware 4th circuit. shall constitute the fourth circuit; the districts of Virginia and the dis5th circuit. trict of North Carolina shall constitute the fifth circuit; the districts 6th circuit. of South Carolina and Georgia shall constitute the sixth circuit; the

districts of Ohio, Indiana, Illinois and Michigan, shall constitute the 7th circuit. seventh circuit; and the circuit courts shall be held at Columbus, in

the Ohio district, on the third Mondays in May, and December; at Detroit, in the Michigan district, on the fourth

Monday in June; at Indianapolis, in the Indiana district, on the first Monday in December; at Vandalia, in the Illinois district, on the last Monday in November,

in each year; the districts of Kentucky, east and west Tennessee, and 8th circuit. Missouri, shall form and be called the eighth circuit; and the districts

(a) By " an act concerning the Supreme Court of the United States," June 17, 1844, chap. 96, the sessions of the Supreme Court were directed to commence in December in each year. By the second section of the act, the Justices of the Supreme Court were only required to hold one term of the Circuit Court each year. The Justices of the Supreme Court may attend at any of the terms.

An act to abolish the Circuit Court at Huntsville, in the state of Alabama, and for other purposes, Feb. ruary 22, 1838, chap. 12.

An act to require the Judge of the District Court of east and west Tennessee to hold a court at Jackson, in the said state, June 18, 1838, chap. 118.

An act to amend an act entitled "An act to require the Judge of the District Court of east and west Tennessee to hold a court at Jackson in the said state," approved June eighteenth, one thousand eight hundred and thirty-eight, Jan. 18, 1839, chap. 3.

An act to reorganize the District Courts of the United States in the state of Alabama, February 6, 1839, chap. 20.

An act to amend “an act to reorganize the District Courts of the United States in the state of Mississippi," approved June 18, 1839, chap. 27.

An act to amend the act of the third of March 1837, entitled "an act supplementary to the act to amend the judicial system of the United States' and for other purposes, March 3, 1839, chap. 81.

An act in addition to the acts respecting the judicial system of the United States, July 4, 1840, chap. 42.

An act to amend the act approved May 13, 1800, entitled an act to amend an act entitled an act to establish the judicial courts of the United States, July 20, 1840, chap. 46.

An act changing the time of holding the courts at Clarksburg and at Wheeling in the western district of Virginia, and the Circuit Court of the United States for the district of Arkansas, March 4, 1844, chap. 4.

An act to change the time of holding the Spring term of the District Court of the United States for the eastern district of Virginia, and of the Circuit Court of Alabama, April 12, 1844, chap. 12.

An act to change the time of holding the Federal Courts in Kentucky, North Carolina, South Carolina, Georgia, Alabama and Louisiana, March 1, 1845, chap. 39.

of Alabama, the eastern district of Louisiana, the district of Mississippi, and the district of Arkansas, shall form and be called the ninth circuit. 9th circuit.

Sec. 2. And be it further enacted, That the sessions of said circuit Districts in courts shall be held twice in each year in the following districts, to wit: which said commencing in the eastern district of Louisiana, at New Orleans, on courts shall be the third Monday of May and on the third Monday of November, year; times and annually; in the district of Mississippi, at Jackson, on the first Monday places of sesof May and on the first Monday of November, annually; in the southern sion. district of Alabama, at Mobile, on the second Monday of April and the second Monday of October, annually; in the western district of Pennsylvania, at Pittsburg, on the third Mondays of May and November, annually; in the district of Delaware, at Newcastle on the Tuesday next following the fourth Monday of May, and at Dover on the Tuesday next following the third Monday of October, annually; and in the district of Maryland, at Baltimore, on the first Monday of April and the first Monday of October, annually; in the northern district of New York, at Albany, on the second Tuesday of June and the third Tuesday of October, annually; and there shall be holden a term of said circuit courts, annually, at Lewisburg, in the western district of Virginia, And dist. commencing on the first Monday of August; at Huntsville, in the in which annu, northern district of Alabama, commencing on the first Monday of ally; times and June; (a) at St. Louis, in the district of Missouri, commencing on the sions. first Monday of April; and at Little Rock, in the district of Arkansas, on the fourth Monday of March; and that no process, recognizance, or bail bond, returnable to the next term of either of said courts, shall be avoided or impaired, or affected by this change, as to the commencement of said term; but that all process, bail bonds, and recognizances Process,recog. returnable to the next term of either of said courts, shall be returnable nizance, &c., and returned to the court next held, according to this act, in the same next rette oft manner as if so made returnable on the face thereof, and shall have full said courts. effect accordingly; and that all continuances in either of said courts shall be from the last term to the court appointed by this act, and the day herein appointed for the commencement of the next session thereof: Provided, That nothing herein contained shall prevent the judge of the Proviso. northern district of New York from holding the courts at Utica, nor the judge of the western district of Pennsylvania from holding the courts at Williamsport, at the same time and with the same power and jurisdiction as heretofore.

Sec. 3. And be it further enacted, That so much of any act or acts So much of of Congress as vests in the district courts of the United States for the any act or acts districts of Indiana, Illinois, Missouri, Arkansas, the eastern district as vests the of Louisiana, the district of Mississippi, the northern district of New diction of circuit York, the western district of Virginia, and the western district of Penn- courts in certain sylvania, and the districts of Alabama, or either of them, the power repealed ; cirand jurisdiction of circuit courts, be, and the same is hereby, repealed; cuit courts to be and there shall hereafter be circuit courts held for said districts by the held, &c. chief or associate justices of the Supreme Court, assigned or allotted to the circuit to which such districts may respectively belong, and the district judges of such districts severally and respectively; either of whom shall constitute a quorum; which circuit courts, and the judges thereof, shall have like powers and exercise like jurisdiction as other circuit courts and the judges thereof; and the said district courts, and the judges thereof, shall have like powers and exercise like jurisdiction as the district courts, and the judges thereof, in the other circuits. From all judgments and decrees, rendered in the district courts of the

Judgments, United States for the western district of Louisiana, writs of error and &c. rendered in appeals shall lie to the circuit court in the other district in said State, district courts

(a) Act of March 3, 1839, chap. 81; act of March 4, 1844, chap. 4 ; act of April 12, 1844, chap. 12; act of March 1, 1845, chap. 39.

VOL. V.-23

for western dis- in the same manner as from decrees and judgments rendered in the trict of Louisi

districts within which a circuit court is provided by this act. ana. Actions, suits,

Sec. 4. And be it further enacted, That all actions, suits, prosecu&c., (originally tions, causes, pleas, process, and other proceedings, relative to any cognizable in a circuit court,)

cause, civil or criminal, (which might have been brought, and could now pendingin, have been, originally, cognizable in a circuit court,) now pending in, &c., certain

or returnable to, the several district courts of Indiana, Illinois, Missouri, district courts. Mississippi, Arkansas, Michigan, the eastern district of Louisiana, the

districts of Alabama, the northern district of New York, the western district of Pennsylvania, and western district of Virginia, acting as circuit courts on the first day of April next, shall be, and are hereby declared to be, respectively transferred, returnable, and continued to, the several circuit courts constituted by this act, to be holden within the said districts respectively; and shall be heard, tried and determined

therein, in the same manner as if originally brought, entered, proseSaid circuit cuted, or had, in such circuit courts. And the said circuit courts shall courts, to become be governed by the same laws and regulations as apply to the other laws, &c., as circuit courts of the United States; and the clerks of the said courts, apply to the respectively, shall perform the same duties, and shall be entitled to other circuit courts; and

receive the same fees and emoluments, which are by law established for clerks to per- the clerks of the other circuit courts of the United States. The allotform same du- ment of their chief justice and the associate justices of the said SuAllotment of preme Court to the several circuits shall be made as heretofore. their chief jus. Sec.5. And be it further enacted, That all acts and provisions incontice, &c.

sistent with this act be, and the same are hereby, repealed. Acts, &c., repealed.

APPROVED, March 3, 1837. STATUTE II. March 3, 1836. CHAP. XXXV. An Act to authorize the proper officers of the Treasury Department

to credit the account of the Treasurer of the United States with the amount of (Obsolete.)

unavailable funds standing to his debit on the books of the Treasury, to transfer the amount of the debit of banks and individuals indebted for the same, and to authorize the Secretary of the Treasury to compromise and settle said claims.

Be it enacted by the Senate and House of Representatives of the The account United States of America in Congress assembled, That the proper of the Treasurer accounting officers of the Treasury be, and they are hereby authorized to be credited with the

to credit the account of the Treasurer of the United States with the amount of una. amount of the unavailable funds, whether charged to John Campbell, vailable funds. or his predecessors, and to transfer the amount to the debit of the banks

and individuals, respectively, that may be indebted for the same. Secretary of Sec. 2. And be it further enacted, That the Secretary of the Treasury au. Treasury be, and he is hereby, authorized to compromise and finally thorized to seto settle the claims of the United States, of the above description, against S. of the above said banks and individuals who have proved insolvent, or failed to make description. punctual payments, on such terms and conditions as he may deem most Proviso. conducive to the interests of the United States : Provided, That this

act shall not authorize any compromise of the debt due from the Alleghany Bank of Pennsylvania.

APPROVED, March 3, 1837. STATUTE II. March 3, 1837. Chap. XXXVI.-An Act to amend an act entitled "An act for laying off the

towns of Fort Madison and Burlington, in the county of Des Moines, and the (Obsolete.)

towns of Belleview, Du Buque, and Peru, in the county of Du Buque, and Mineral Point, in the county of Iowa, Territory of Wisconsin, and for other

purposes," approved July second, eighteen hundred and thirty-six. Act of July 2,

Be it enacted by the Senate and House of Representatives of the United 1836, ch. 262. States of America in Congress assembled, That all acts and duties reActs, &c., re. quired to be done and performed by the Surveyor for the Territory of quired to be Wisconsin, under the act to which this is an amendment, shall be done by a board of commissioners of three in number, any two of whom done by the shall be a quorum to do business ; said commissioners to be appointed surveyor under by the President of the United States, and shall, previous to their enter- this is an ing upon the discharge of their duties, take an oath or affirmation to amendment perform the same faithfully and impartially: Provided, That the action shall be done by of the commissioners appointed under the present act shall not inter- missioners, to fere with any of the acts performed by the Surveyor General, prior to be appointed by the time of the passage hereof, in pursuance of instructions under the

the President,

&c. act to which this is amendatory.

Proviso. Sec. 2. And be it further enacted, That the said commissioners shall The commishave power to hear evidence and determine all claims to lots arising sioners to have under the act to which this is an amendment; and for this purpose, the power to deler said commissioners are authorized to administer all oaths that may be 10 lots, &c. necessary, and reduce to writing all the evidence in support of claims to pre-emption presented for their consideration; and when all the testimony shall have been heard and considered, the said commissioners shall file with the proper register and receiver for the district within which the towns are situated respectively, the testimony in each case, together with a certificate in favor of each person having the right of pre-emption under the provisions of the act of which this is amendatory; and upon making payment to the proper receiver of public moneys for Upon payment the lot or lots to which such person is entitled, the receiver shall grant being made to a receipt therefor, and the register issue certificates of purchase, to be the proper re. transmitted to the Commissioner of the General Land Office, as in other he shall grant a cases of the sale of public lands.

receipt, &c. Sec. 3. And be it further enacted, That the proper register and re- The proper receiver of public moneys, after the board of commissioners have heard gister and re. and determined all the cases of y e-emption under the act to which this ceiver, after the is an amendment, shall expose the residue of the lots to public sale to have deterthe highest bidder, after advertising the same in three public news- mined all casee papers at least three months prior to the day of sale, in the same man- of pre-emption, ner as is provided for the sale of public lands in other cases; and after sidue of lots at paying the commissioners the compensation hereafter allowed them, and public sale, to all other expenses incident to the said survey and sale, the receiver of the highest bidthe land office shall pay over the residue of the money he may have re- After paying ceived from the sale of lots aforesaid, by pre-emption as well as at pub- the commis. lic auction, into the hands of the trustees of the respective towns afore- sioners, &c. the said, to be expended by them in the erection of public buildings, the pay over the construction of suitable wharves, and the improvement of the streets in residue to the the said towns of Fort Madison, Burlington, Belleview, Du

Buque, trustees forebe Peru and Mineral Point.

said. Sec. 4. And be it further enacted, That the commissioners appointed The commisto carry this act into effect, shall be paid by the receiver of public sioners to be moneys, of the proper land district, six dollars each, per day, for their paid six. dollars

day services, for every day they are necessarily employed. APPROVED, March 3, 1837.

STATUTE II. CHAP. XXXVII.— An Act to continue in force for a limited time the act entitled March 3, 1837. "An act to carry into effect a convention between the United States and Spain."

(Obsolete.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions Act of June 7, of the act, entitled “An act to carry into effect a convention between 1836, ch. 87. the United States and Spain,” approved on the seventh day of June, The provi. one thousand eight hundred and thirty-six, be, and the same are hereby, extended to list extended until the first day of February, one thousand eight hundred February, 1838. and thirty-eight; and the commissioner appointed under the said act, shall, on or before the said day, terminate his duties.

APPROVED, March 3, 1837.

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