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the present marshal of the district of West Florida, to execute all process now in his hands, and he shall be responsible in like manner as if this act had not passed.
Sec. 4. And be it further enacted, That the judge, marshal, and dis- Salary, &c. of trict attorney shall have the same salaries, fees, and compensation as the judge,
&c. are allowed and paid to the other judges, marshals and district attorneys in said Territory under the laws of the United States, or the Territory of Florida, out of any money in the Treasury not otherwise appropriated. APPROVED, July 7, 1838.
STATUTE II. CHAP. CLXXXII. An Act to increase and regulate the terms of the circuit and July 7, 1838.
district courts for the northern district of the State of New York. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be Four regular four regular terms of the district court of the United States for the terms of the disnorthern district of the State of New York in each year; one of which, each year. to commence on the third Tuesday in January, shall be held in the city of Albany; and one to commence on the second Tuesday in July, shall At Albany. be held at the city of Utica; and one to commence on the third Tuesday of May, shall be held at the city of Rochester; and one to com- At Utica. mence on the second Tuesday of October, shall be held at the city of At Buffalo. Buffalo. And there shall also be held one other term annually, at such One other time and in such place within the counties of St. Lawrence, Clinton, or term. Franklin, as the judge of said district shall from time to time appoint, by a notice of at least forty days, to be published in the State paper of the State of New York, which latter term shall be held only for the trial of issues of fact arising within the said three last mentioned counties; but nothing herein contained shall prevent the judge of said court from holding special terms thereof at the places above specified, or at any other places in said district, in addition to said regular terms, when he shall deem it necessary.
Sec. 2. And be it further enacted, That the term of the circuit The circuit court for the said northern district, now required by law to be held an- court to be held nually at Albany on the second Tuesday of June, be hereafter held at at Canandaigua. Canandaigua, in the county of Ontario, on the Tuesday next after the third Monday of June in each year.
Sec. 3. And be it further enacted, That, for the purpose of trying the district to all issues of fact, triable by a jury in the district court of the United be subdivided States for the northern district of New York, the said district shall be into three divisubdivided into three divisions, as follows, to wit: all that part of said district lying westward of the west lines of the counties of Cayuga, Tompkins, and Tioga, shall constitute the western division; the coun- The western ties of St. Lawrence, Franklin, and Clinton, shall constitute the north- division. ern division; and all the remainder of the district shall constitute the Northern divieastern division. And all such issues of fact shall be tried at a term of Eastern divisaid court to be held in the division where the cause of action may have sion. arisen, unless the said court, for good cause shown, shall order such issue to be tried elsewhere. And all issues of fact in the said circuit Where the is. court to be tried by a jury, where the cause of action may have arisen sues of fact shall
be tried. in the northern or eastern division aforesaid, shall be tried at the term of said circuit court to be held at Albany, and all other issues of fact in said circuit court to be tried by a jury, where the cause of action may have arisen in the western division of said district, shall be tried at the term of said circuit court to be held at Canandaigua. But nothing herein contained shall prevent either of said courts, by general
(a) See vol. 3, 120, 413.
Venue of tran. rule, from regulating the venue of transitory actions, and from changsitory actions. ing the same for a good cause to be shown. All issues now
Sec. 4. And be it further enacted, That all issues now pending in pending, where they shall be either of said courts shall be tried at the places above prescribed for tried, &c.
holding such court, unless otherwise ordered by said court, in pursuance of the authority given in the last section; and no process issued or proceedings pending in either of said courts shall be avoided or impaired by this change of the time and place of holding such court; but all process, bail bonds, and recognizances, returnable at the next term of either of said courts, shall be returnable and returned to the said court next held according to this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly; and all continuances may be made to conform to the provisions of this act.
APPROVED, July 7, 1838. STATUTE II. July 7, 1838. CHAP. CLXXXIII.An Act ceding to the State of Ohio the interest of the United
States in a certain road within that Sate.
Be it enacted by the Senate and House of Representatives of the United Title of the U. States of America in Congress assembled, That all right or title of the S. in a certain road granted to
United States, acquired by the treaty of Brownstown, in a certain road the State of from the foot of the rapids of the Miami of the Lake to the western Ohio. line of the Connecticut
Western reserve be, and the same is hereby, granted to the State of Ohio.
APPROVED, July 7, 1838. STATUTE II. July 7, 1838. CHAP. CLXXXIV.-An Act to authorize the sale of certain bonds belonging to
the United States. Be it enacted by the Senate and House of Representatives of the Sec. Treas. au- United States of America in Congress assembled, That the Secretary of thorized to sell the Treasury be, and he is hereby, authorized to sell upon the best terms the two bonds held by the U.
he can command for money in hand in the markets of this or of any S. against the foreign country, as upon inquiry he shall find most for the interest of president, direc- the United States, the two bonds held by the United States against " the tors, and com- president, directors, and company of the Bank of the United States," Bank of the U. chartered by the State of Pennsylvania, which will fall due in the month S." chartered of September, in the year one thousand eight hundred and thirty-nine, by Pennsylva
and one thousand eight hundred and forty, being the two last of four nia, &e.
several bonds, dated on the tenth day of May, one thousand eight hundred and thirty-seven, given to secure the payment of the sum of one million nine hundred and eighty-six thousand, five hundred and eightynine dollars and four cents each, with interest upon each bond, at the rate of six per centum per annum, from the third day of March, one thousand eight hundred and thirty-six until paid, the said four bonds having been received by the United States as security for the final pay
ment of the stock held by the United States, in the late Bank of the To execute as- United States, chartered by Congress, and to execute under his hand and signments.
the seal of his office, to the purchaser or purchasers of the said bonds, suitable and proper assignments to transfer to the said purchaser or purchasers, his, her, or their representatives, or assigns, all the right, title and interest of the United States, of, in, and to the money due and to
become due upon the bonds sold and assigned in pursuance of this act: Proviso. Provided, That no sale of either of the said bonds shall be made upon
terms less favorable to the United States than the par value of the bond sold, at the time of sale, calculated according the rules for estimating the par value of securities upon which interest has run for a time, but which securities have not reached maturity.
Sec. 2. And be it further enacted, That all money received upon the
sale of the said bonds, shall be immediately paid into the Treasury of Disposal of the United States, or placed to the credit of the Treasurer thereof in money received some proper depository, in the same manner that other moneys, received
therefrom. for dues to the Government, are by law directed to be paid into the Treasury. APPROVED, July 7, 1838.
STATUTE II. Chap. CLXXXV.–An Act to prevent the issuing and circulation of the bills, July 7, 1838.
notes and other securities of corporations created by acts of Congress which have expired.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases Any director, where the charter of any corporation which has been or may be created &c. who shall by act of Congress of the United States shall have expired or may here put in circulaafter expire, if any director, officer or agent of the said corporation or &c. purporting any trustee thereof, or any agent or officer of such trustee, or any person to have been having in his possession or under his control the property of the said maderavany corporation for the purpose of paying or redeeming its notes and obliga- whose charter tions, shall knowingly issue, re-issue, or utter as money or in any other shall have exway knowingly put in circulation, any bill, note, check, draft, or other pired, shall be security purporting to have been made by any such corporation whose of a high"misdecharter has expired or by any officer thereof, or purporting to have been meanor. made, under authority derived therefrom, or if any person or persons shall knowingly aid and assist in any such act; every person so offending, shall be deemed guilty of a high misdemeanor, and on conviction thereof shall be punished by a fine not exceeding ten thousand dollars, or by Penalty. imprisonment and confinement not less than one year nor exceeding five years, or by both such fine and imprisonment: Provided, That nothing Proviso. herein contained shall be construed to make it unlawful for any person not being such director, officer or agent of the said corporation, or any trustee thereof, or any agent or officer of such trustee, or any person having in his possession or under his control the property of the corporation for the purpose aforesaid who shall have received or may hereafter receive such bill, note, check, draft or other security, bona fide and in the ordinary transactions of business, to utter as money or otherwise circulate the same.
All corpora Sec. 2. And be it further enacted, That in all cases in which any tions created by corporation has been or may be created by acts of Congress of the or in which the United States, and in which the United States shall have been interested U. S. was a as a stockholder the term of which corporation has expired, and in stockholder, which any bills, notes, checks, drafts or other securities, made under have expired, authority derived, or alleged to have been derived from such act, shall and which have be in the possession or under the control of any director, officer or agent any bills or
notes in their of the said expired corporation, or any trustee thereof, or any agent
possession, may officer of such trustee, or any person having in his possession or under be prevented his control, the property of the said corporation, for the purpose of pay- from issuing or ing or redeeming its notes and obligations, the several circuit
courts of re-issuing said the United States shall have jurisdiction on the bill or petition of the United States to grant injunctions to prevent the issuing, reissuing, or transfer of any such bills, notes, checks, drafts, or other securities; and also to cause such of the said bills, notes, checks, drafts, or other securities, as have been redeemed, to be delivered up and cancelled; and the said several courts shall have power to make all necessary decrees and orders for the purpose of carrying into effect the jurisdiction hereby conferred, and to execute the same by due process of law.
APPROVED, July 7, 1838.
expenses of the Indian department, and for fulfilling treaty stipulations with
of Representatives of the United States of America in Congress assembled, That the following sums be, Appropria and they are hereby, appropriated, for the year one thousand eight huntions.
dred and thirty-eight, for the purpose of paying the current expenses of the Indian department, fulfilling treaty stipulations with the various Indian tribes, and contingent expenses, to be paid out of any money in the Treasury not otherwise appropriated :
For the current and contingent expenses of the Indian department,
viz: Sup't. of Indi- For the pay of the superintendent of Indian affairs at St. Louis, and an affairs at St. the several Indian agents, as provided by the acts of June thirtieth, Louis, and Indian agents.
eighteen hundred and thirty-four, and of March third, eighteen hundred
and thirty-seven, sixteen thousand five hundred dollars ; Pay of sub. For pay of sub-agents, authorized by the act of June thirtieth, eighagents. teen hundred and thirty-four, thirteen thousand dollars;
Pay of inter- For the pay of interpreters, as authorized by the same act, nine thou-
Provisions for For the purchase of provisions for Indians, at the distribution of an-
nuities, while on visits of business with the superintendents and agents, Buildings at
and when assembled on public business, eleven thousand eight hundred the agencies.
dollars; Cont. exp. of For the necessary buildings required at the several agencies, and Clerk in office repairs thereof, ten thousand dollars; of Governor of
For postages, rents, stationery, fuel for officers, and other contingenWisconsin. cies of the Indian department, and for transportation and incidental
Clerk in office expenses, thirty-six thousand five hundred dollars;
For the salary of one clerk in the office of the Governor of WisconCarrying into sin Territory, who is ex-officio superintendent of Indian affairs, eight effect treaty sti- hundred dollars; pulations, &c. Six Nations of
For the salary of one clerk in the office of the acting superintendent New York. of the Western Territory, one thousand dollars ; Senecas of
For carrying into effect the stipulations of certain Indian treaties and New York, Ottawas, the laws connected therewith, viz: Wyandots. For the Six Nations of New York, four thousand five hundred dolWyandots, lars; Munsees, and Delawares.
For the Senecas of New York, six thousand dollars; Christian In- For the Ottawas, twenty-six thousand eight hundred dollars; dians.
For the Wyandots, six thousand eight hundred and forty dollars; Miamies. Eel Rivers, For the Wyandots, Munsees, and Delawares, one thousand dollars; Pottawata- For the Christian Indians, four hundred dollars ; mies. Pottawata
For the Miamies, one hundred and fifty-four thousand one hundred mies of Huron. and ten dollars;
Pottawata- For the Eel Rivers, one thousand one hundred dollars;
For the Pottawatamies, eighty-eight thousand one hundred and
For the Pottawatamies of the Prairie, sixteen thousand dollars ;
Chippewas, For the Pottawatamies of Indiana, seventeen thousand dollars ;
For the Chippewas, Ottawas and Pottawatamies, forty-two thousand Pottawata mies.
four hundred and ninety dollars;
For the Winnebagoes, thirty-seven thousand eight hundred and sixty Winnebagoes. dollars;
For the Menomonies, thirty-two thousand six hundred and fifty dol- Menomonies. lars;
Chippewas of For the Chippewas of Swan creek and Black river, one thousand Swan creek and
Black river. dollars ;
Chippewas of For the Chippewas of Saginaw, six thousand five hundred dollars; Saginaw. For the Chippewas, Menomonies, Winnebagoes and New York In- Chippewas,
Menomonies, dians, fifteen hundred dollars;
&c. For the Sioux of the Mississippi, seven thousand seven hụndred and Sioux of the sixty dollars;
Yancton and For the Yancton and Santie Sioux, four thousand three hundred and Santie Sioux. forty dollars;
For the Omahas, three thousand nine hundred and forty dollars; Omahas.
es of the Misdollars ;
souri. For the lowas, eight thousand nine hundred and fifty dollars;
Iowas. For the Sacs and Foxes of the Mississippi, forty-one thousand nine Sacs and Fox
es of the Missishundred and twenty dollars;
sippi. For the Sacs, Foxes, Sioux, Iowas, Omahas and Ottoes and Missou- Sacs, Foxes, rias, three thousand dollars;
&c. For the Ottoes and Missourias, five thousand six hundred and forty Ottoes and dollars;
Missourias. For the Kanzas, six thousand and forty dollars;
Osages. For the Osages, seventeen thousand and forty dollars ;
Kickapoos. For the Kickapoos, five thousand five hundred dollars;
Kaskaskias For the Kaskaskias and Peorias, three thousand dollars;
and Peorias. For the Piankeshaws, eight hundred dollars;
Piankeshaws. For the Weas, three thousand dollars;
Weas. For the Delawares, eight thousand one hundred and forty dollars; Delawares. For the Shawnees, seven thousand one hundred and eighty dollars; Shawnees. For the Senecas and Shawnees, two thousand two hundred and forty Shawnees.
Senecas and dollars; For the Senecas, two thousand six hundred and sixty dollars;
Senecas. For the Choctaws, seventy-two thousand six hundred and twenty-five Choctaws. dollars; For the Chickasaws, six thousand dollars;
Chickasaws. For the Creeks, four hundred and thirteen thousand nine hundred Creeks. and forty dollars;
For the Quapaws, four thousand six hundred and sixty dollars; Quapaws.
For the Florida Indians, two hundred and eighty thousand six hun- Florida Indidred and ten dollars; For the Pawnees, twelve thousand dollars ;
Pawnees. For the Cherokees, fifteen thousand one hundred and forty dollars; Cherokees.
Ottawas and For the Ottawas and Chippewas, sixty-five thousand four hundred
Chippewas. and sixty-five dollars; For the Caddoes, ten thousand dollars;
Caddoes. For various miscellaneous expenses, viz. :
Miscellaneous. For completing payments for subscription to “Indian Biography," Indian Biograthree thousand dollars;
phy. For expenses of casting dies and striking off medals for Indians, two
&c. thousand five hundred dollars;
For expenses of mission of A. P. Chouteau among the wild tribes of Mission to the the Southwest, including his outfit, and the expenditures growing out tribes of the of and connected with bringing on deputations of said tribes, which he Southwest, &c. has been authorized to do, twenty thousand dollars ;
For deficiency in the appropriation of eighteen hundred and thirty- Boundary line four for running the boundary line between the Choctaws and Chicka
Choctaws and saws, one thousand and eighty-five dollars;