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court shall not be able to hold the said criminal court, then the senior

assistant judge of the said circuit court shall hold the same. All writs, &c. Sec. 2. And be it further enacted, That all writs and process which to be tested in

shall issue from the said court, shall be tested in the name of the judge the name of the judge.

of the said court. Powers of the Sec. 3. And be it further enacted, That the judge of the said court judge.

shall, out of court, in all criminal matters, and breaches of the peace and good behavior, have and exercise all the powers by law vested in the circuit court of the United States, and the judges thereof, and which were vested by the acts establishing the circuit court of the District of

Columbia, and judges of the same. The judge to Sec. 4. And be it further enacted, That the judge of the said crimitake an oath of nal court shall take the oath of office, provided by law to be taken by office, &c.

the judges of the circuit court of the District of Columbia; and shall have power to make all needful rules of practice for the orderly and speedy administration of the business of the same, as he shall deem expedient, not inconsistent with the laws and Constitution of the United States; and the said court is hereby authorized to provide a seal for the same; and he shall have the same power and authority as is exercised by the judges of the circuit court of the District of Columbia, to require

bail in all cases when by law bail may be required. In order to pre- Sec. 5. And be it further enacted, In order to prevent the delay and vent delay, &c. long confinement in the jails of said district, of prisoners sentenced to

be executed, or to the penitentiary, when the party claims the right to

have the sentence suspended, to give an opportunity of applying for a Writs of error writ of error : Be it enacted, That all writs of error which may be to be returned, granted to the judgment of the criminal court of either county, shall be c

returned to the circuit court which may be in session, or to the next

circuit court which may be held at the stated times fixed by law for th: Such part of

meeting of the same; and that so much of the fifth section of the act sec. 5th of the establishing the criminal court as requires the writ of error to be reformer act as is turned to the circuit court of the county in which said judgment may inconsistent with this, re

be rendered, be, and the same is hereby repealed. The judgment of pealed. the circuit court shall be certified to the clerk of the criminal court, and

preserved among the original papers in the case. Days on which

Sec. 6. And be it further enacted, That the said criminal court for the criminal coure for Wash Washington county, in said District, shall hereafter commence and be ington county held on the last Monday in December and on the second Monday in shall be held.

March and the fourth Monday of October, instead of the first Monday in December and the first Monday in March and the first Monday of

September, the days now fixed by law for holding three of the terms of Process in

said court. All process whatsoever now issued, or which may be issued Washington in the county of Washington, in said District, returnable to the days county.

now fixed by law for said county, shall be returnable and returned on

the days prescribed by this statute. Adjournment Sec. 7. And be it further enacted, That if, after the said court shall of the court,&c. have commenced its session, the judge should be taken sick, so as not

to be able continue session of the court from day to day until the business of the term is disposed of, it shall be lawful for him, or in his absence for the clerk of the said court to adjourn the same from day to day or week to week until such time as he shall be able to attend to the business of the said court, when the same shall be resumed as if the session had not been interrupted. But if the sickness of the said judge shall continue longer than the space of one month, then the chief judge of the circuit court of the District of Columbia shall hold the said court and continue the session; and if the said chief judge shall be unable from sickness or other disability to hold the said court, then the senior

assistant judge of the said circuit court shall hold the same. Cases wherein

Sec. 8. And be it further enacted, That in any case wherein the

parties or any of them may be related to the said judge of the criminal any of the parcourt, then such case and the record thereof may be sent to the next ties are related circuit court of the District of Columbia for the county in which the to the judge. said case shall have arisen, to be there tried and determined, and sentence passed and executed, as if this act and the act to which this is supplemental had never been passed.

Sec. 9. And be it further enacted, That all causes, indictments, All cases, &c. writs, process, and proceedings which were pending in the criminal which were

pending in court of the District of Columbia for the county of Washington, at the

Washington co. time appointed by law for holding a session thereof, on the first Monday revived, &c. of December last past, or which were returnable to the session of said court which ought to have been holden on said first Monday of December, shall be, and the same are hereby, revived, reinstated, and continued over to the next stated session of said court for said county, to be holden on the second Monday of March next, in the same manner and condition, and the same further proceedings may be had therein as if a session of the said court had been held, according to law, on the said first Monday of December, and as if a regular continuance of all said causes, indictments, writs, process, and proceedings, had been duly entered upon the records of the said court. APPROVED, February 20, 1839.

STATUTE III. CHAP. XXXIII.-An Act to prevent the abatement of suits and actions now pending, Feb. 28, 1839.

in which the Bank of Columbia, in Georgetown, may be a party. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no suit, action, judg

No suit, &c. ment, or decree, now pending and unsatisfied, in which the Bank of

now pending,

shall abate, &c. Columbia, in Georgetown, is party, plaintiff or defendant, shall abate, or be discontinued or dismissed by reason of the expiration of the term for which the said bank is chartered, but all such suits, actions, judgments, and decrees shall be allowed to proceed to final judgment, execution, satisfaction, and settlement; and for that purpose it shall be lawful to use the corporate name, style and capacity, notwithstanding the expiration of the term of its incorporation. APPROVED, February 28, 1839.

STATUTE III. Chap. XXXV. -An Act to abolish imprisonment for debt in certain cases. (a) Feb. 28, 1839.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person shall be im- Imprisonment prisoned for debt in any State, on process issuing out of a court of the for debt abolUnited States, where by the laws of such State, imprisonment for debt has been abolished; and where by the laws of a State, imprisonment for debt shall be allowed, under certain conditions and restrictions, the same conditions and restrictions shall be applicable to the process issuing out of the courts of the United States; and the same proceedings shall be had therein, as are adopted in the courts of such State. APPROVED, February 28, 1839.

STATUTE III. Chap. XXXVI.-- An Act in amendment of the acts respecting the Judicial System Feb. 28, 1839.

of the United States. (b) Be it enacted by the Senate and House of Representatives of the United

The court may States of America in Congress assembled, That where, in any suit at law

entertain juris. or in equity, commenced in any court of the United States, there shall diction in cerbe several defendants, any one or more of whom shall not be inhabitants tain cases.

(a) See notes of acts relating to imprisonment for debt, vol. 1, 265.
(6) An act concerning the Supreme Court of the United States, June 17, 1844, chap. 96.
Vol. V. -41

Certain pun.

of or found within the district where the suit is brought or shall not voluntarily appear thereto, it shall be lawful for the court to entertain jurisdiction, and proceed to the trial and adjudication of such suit, between the parties who may be properly before it; but the judgment or decree rendered therein shall not conclude or prejudice other parties, not regularly served with process, or not voluntarily appearing to answer; and the nonjoinder of parties who are not so inhabitants, or found within the district, shall constitute no matter of abatement, or other

objection to said suit. Appointment Sec. 2. And be it further enacted, That all the circuit courts of the of clerks-how United States shall have the appointment of their own clerks; and in made.

case of a disagreement between the judges the appointment shall be made

by the presiding judge of the court. Pecuniary pe

Sec. 3. And be it further enacted, That all pecuniary penalties and nalties, &c. forfeitures accruing under the laws of the United States may be sued for where sued for

and recovered in any court of competent jurisdiction in the State or disand recovered.

trict where such penalties or forfeitures have accrued, or in which the

offender or offenders may be found. No suits, &c. Sec. 4. And be it further enacted, That no suit or prosecution shall to be maintain. be maintained, for any penalty or forfeiture, pecuniary or otherwise, ed for penalties, accruing under the laws of the United States, unless the same suit or menced within prosecution shall be commenced within five years from the time when five years. the penalty or forfeiture accrued; Provided, The person of the offender Proviso.

or the property liable for such penalty or forfeiture shall, within the same period, be found within the United States; so that the proper process may be instituted and served against such person or property therefor.

Sec. 5. And be it further enacted, That the punishment of whipping ishments abol.

and the punishment of standing in the pillory, so far as they now are ished.

provided for by the laws of the United States, be, and the same are hereby,

abolished. Penalties, for Sec. 6. And be it further enacted, That, in all cases of recognizances the forfeiture of in criminal causes taken for, or in, or returnable to, the courts of the recognizance, &c. may be re

United States, which shall be forfeited by a breach of the condition theremitted. of, the said court for or in which the same shall be so taken, or to which

the same shall be returnable, shall have authority in their discretion to remit the whole or a part of the penalty, whenever it shall appear to the court that there has been no wilful default of the parties, and that a trial can notwithstanding be had in the cause, and that public justice does not

otherwise require the same penalty to be exacted or enforced. Sec. 2 of art of Sec. 7. And be it further enacted, That the second section of the act 29th April 1802, of Congress, passed the twenty-ninth day of April, one thousand eight ch. 31, repealed,

hundred and two, which makes it the duty of the associate justice of the Supreme Court, resident in the fourth circuit, to attend in the city of Washington, on the first Monday of August annually, to make orders respecting the business of the Supreme Court, be, and the same is, here

by, repealed, In suits and ac Sec, 8. And be it further enacted, That in all suits and actions in any tions in which the judges are

circuit court of the United States in which it shall appear that both the in any way con- judges thereof or the judge thereof, who is solely competent by law to cerned, &c.

try the same, shall be any ways concerned in interest therein, or shall have been of counsel for either party, or is, or are so related to or connected with either party as to render it improper for him or them, in his or their opinion, to sit in the trial of such suit or action, it shall be the duty of such judge or judges, on application of either party to cause the fact to be entered on the records of the court; and also to make an order that an authenticated copy thereof, with all the proceedings in such suit or action, shall be forthwith certified to the most convenient circuit court in the next adjacent State, or in the next adjacent circuit; which circuit court shall, upon such record and order being filed with the clerk there

of, take cognizance thereof in the same manner as if such suit or action had been rightfully and originally commenced therein, and shall proceed to hear and determine the same accordingly, and the proper process

for the due execution of the judgment or decree rendered therein, shall run into and may be executed in the district where such judgment or decree was rendered, and also, into the district from which such suit or action was removed. APPROVED, February 28, 1839.

STATUTE III. Cap. XXXVII.-An Act to revise and extend "An act to authorize the issuing of March 2, 1839.

Treasury notes to meet the current expenses of the Government,approved the twenty-first of May, eighteen hundred and thirty-eight. (R)

Act of May 21,

1838, ch. 82. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Sec. Treas. to Treasury, with the approbation of the President of the United States, is cause to be ishereby authorized to cause to be issued the remainder of the Treasury mainder of the notes authorized to be issued by the act to authorize the issuing of Treasury notes Treasury notes to meet the current expenses of the Government,” ap- authorized by proved the twenty-first day of May, eighteen hundred and thirty-eight, act of 21st May

1838, ch. 82, according to the provisions of said act, at any time prior to the thirtieth day of June next, any limitation in the act aforesaid or in the act “to authorize the issuing of Treasury notes," approved the twelfth day of

1837, ch. 2. October, eighteen hundred and thirty-seven, to the contrary notwithstanding APPROVED, March 2, 1839.

STATUTE III. Chap. LXX. -An Act to provide for the erection of public buildings in the Ter. March 3, 1839.

ritory of Florida. Be it enacted by the Senate and House of Representatives of the

(Obsolete.) United States of America in Congress assembled, That the sum of

Appropriation twenty thousand dollars be, and the same is hereby, granted to the Ter- to Florida for ritory of Florida, out of any money in the Treasury not otherwise ap- the erection of propriated, for the purpose of defraying the expenses of erecting a suit

public build.

ings. able State House or public buildings in the Territory of Florida, for the use and accommodation of the Territorial Legislature of said Territory; and in which building, when erected and completed, the office of the Secretary of said Territory shall be kept, and also the public records and archives of said Territory. Sec. 2. And be it further enacted, That the said sum of money ap

To be paid to propriated by the first section of this act shall be paid over to the Trea- the Treasurer surer of said Territory on the order of the Governor, and shall be of the Territory expended for the purpose aforesaid, under the direction of the Governor the Governor, and Legislative Council, and in such way and manner and at such times &c. as they shall, by law or resolution for that purpose, prescribe : Provided,

Proviso. That the passage of this law shall not at any time be held as an engagement on the part of the United States for any further appropriation to the objects hereinbefore mentioned. APPROVED, March 3, 1839.

STATUTE III. Chap. LXXI.- An Act making appropriations for the current and contingent ex- March 3, 1839. penses of the Indian Department, and for fulfilling treaty stipulations with the various Indian tribes, for the year one thousand eight hundred and thirty-nine.

(Obsolete.) 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 they are hereby, appropriated, for the year one thousand eight hundred and thirty-nine, for the purpose of paying the current

(a) Notes of the acts which have been passed relative to the issuing of Treasury notes, vol. 3, 100.

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. : Pay of super- For the pay of the superintendent of Indian affairs at St. Louis, and intendent and

the several Indian agents, as provided by the acts of June thirtieth, agents. 1831, ch. 162. eighteen hundred and thirty-four, and of March third, eighteen hundred 1837, ch. 31. and thirty-seven, sixteen thousand five hundred dollars ; Sub-agents. For pay of sub-agents, authorized by the act of June thirtieth, eighteen 1834, ch. 162. hundred and thirty-four, thirteen thousand dollars ; Interpreters. For the pay of interpreters, as authorized by the same act, nine thou

sand three hundred dollars; Presents to In- For presents to Indians authorized by the same act, five thousand dians.

dollars; Provisions for For the purchase of provisions for Indians, at the distribution of Indians. annuities, while on visits of business with the superintendents and

agents, and when assembled on public business, eleven thousand eight

hundred dollars; Buildings at For the necessary buildings required at the several agencies, and rethe agencies.

pairs thereof, ten thousand dollars; Expenses of For postages, rents, stationery, fuel for offices, and other contingenIndian dep't.

cies of the Indian department, and for transportation and incidental

expenses, thirty-six thousand five hundred dollars; Clerk to super

For the salary of one clerk in the office of the superintendent of intend Indian

Indian affairs, south of the Missouri river, one thousand dollars; affairs.

For carrying into effect the stipulations of certain Indian treaties, Six Nations of New York.

and the laws connected therewith, viz. :
Senecas of For the Six Nations of New York, four thousand five hundred dol-
New York,
Ottawas.
Wyandots.

For the Senecas of New York, six thousand dollars;
Wyandois, For the Ottawas, four thousand three hundred dollars;
Munsees and
Delawares.

For the Wyandots, six thousand eight hundred and forty dollars; Christian In- For the Wyandots, Munsees, and Delawares, one thousand dollars; dians.

For the Christian Indians, four hundred dollars;
Miamies.

For the Miamies, forty thousand one hundred and ten dollars ;
Eel Rivers.
Pottawata-

For the Eel Rivers, one thousand one hundred dollars; mies.

For the Pottawatamies, twenty thousand two hundred dollars; Pottawatamies

For the Pottawatamies of Huron, four hundred dollars; of Huron. Poitawatamies

For the Pottawatamies of the Prairie, sixteen thousand dollars; of the Prairie. For the Pottawatamies of the Wabash, twenty thousand dollars ; Pottawatamies

For the Pottawatamies of Indiana, seventeen thousand dollars; of the Wabash.

Potawatamies For the Chippewas, Ottawas, and Pottawatamies, thirty-four thousand of Indiana. two hundred and ninety dollars; Chippewas,

For the Winnebagoes, ninety-two thousand eight hundred and sixty Ottawas, and Potta watamies.

dollars; Winnebagoes. For the Menomonies, thirty-two thousand six hundred and fifty dolMenomonies. lars; Chippewas of the Mississippi.

For the Chippewas of the Mississippi, thirty-five thousand dollars; Chippewas of For the Chippewas of Saginaw, five thousand eight hundred dollars; Saginaw.

For the Chippewas, Menomonies, Winnebagoes, and New York InChippewas, Menomonies,

dians, fi teen hundred dollars; &c.

For the Sioux of the Mississippi, forty-two thousand five hundred and Sioux of the

ten dollars; Mississippi.

Yancton and For the Yancton and Santie Sioux, four thousand three hundred and
Santie Sioux. forty dollars;
Omahas.

For the Omahas, three thousand nine hundred and forty dollars; Sacs and Fox. es of the Mis

For the Sacs and Foxes of the Missou twelve thousand five hunsouri.

dred and seventy dollars;

lars;

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