Board of inspectors to be appointed; their duties.

Appropriation.

STATUTE II.

Aug. 29, 1842.

A complete edition to be printed.

Appropriation.

STATUTE II. Aug. 29, 1842.

Part of the Western Land District, and the Platte river

country, to constitute the Platte

Land District. 1323, ch. 66.

Register and

receiver to be appointed; their residence, &c.

seamen, soldiers, and others, as may, by competent authority, to be hereafter prescribed, be deemed proper to be received therein, which building, with one half of the ground occupied by the old and new jails, is hereby assigned for those purposes.

SEC. 2. And be it further enacted, That on the completion of the said building, the President be authorized to appoint three respectable persons, residents of the city of Washington, to be a board of inspectors of the said institution, who shall hold their offices two years from the date of their appointment; and whose duty it shall be to have a general supervision of the concerns of the said hospital; to appoint the necessary subordinate officers thereof; to prescribe rules for the admission and due regulation of patients therein, and to make an annual report to Congress of their proceedings, and of the condition of the said institution.

SEC. 3. And be it further enacted, That there be, and there is hereby, appropriated, the sum of ten thousand dollars for the alteration of the said building, and improvement of the grounds, to be paid out of any money in the Treasury not otherwise appropriated.

APPROVED, August 29, 1842.

CHAP. CCLV.-An Act to provide for the publication of a new edition of the laws and regulations of the Post Office Department, and a perfect list of the postoffices in the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Postmaster General be, and he is hereby, authorized and required to cause to be collated and printed in pamphlet form, suitably for distribution, a complete edition, of not less than eighteen thousand copies, of the laws relating to the Post Office Department; together with the regulations established by said Department for the better conduct of its business; and also a new and complete list of all the post-offices in the United States; showing their respective distances from Washington, and from the capitols of the States in which the several offices are situated.

SEC. 2. And be it further enacted, That for the purpose of carrying into effect the provisions of this act, the sum of nine thousand one hundred dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated.

APPROVED, August 29, 1842.

CHAP. CCLVI.—An Act for creating a new land district in the State of Missouri, and for changing the boundaries of the southwestern and western land districts in said State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that portion of the "western land district," created by an act of Congress, entitled “" An act to establish an additional land office in the State of Missouri," approved third of March eighteen hundred and twenty-three, which is situated north of the Missouri river, together with the late northwest addition to the State of Missouri, commonly known as the "Platte river country," shall constitute a separate land district, to be called the Platte district.

SEC. 2. And be it further enacted, That there shall be a register and a receiver appointed for said land district, who shall reside and superintend the sales of the public lands at such place as the President shall designate. They shall give security in the same manner and in the same sums, and their compensation, emoluments, duty, and authority, shall, in every respect, be the same in relation to the lands which may be disposed of at said office, as are or may be provided by law relative

to the registers and receivers of public money in the several offices established for the sale of the public lands.

SEC. 3. And be it further enacted, That all that part of the southwestern district of Missouri which is situated north of the line between townships thirty-four and thirty-five, and that portion of the Fayette land district lying west of the line dividing ranges twenty and twenty-one west, south of the Missouri river, is hereby annexed to, and shall make a part of the western or Lexington district of Missouri, the office for which district shall be located at such place as the President shall designate.

SEC. 4. And be it further enacted, That it shall be the duty of the Secretary of the Treasury, as soon as the same can be done, to cause the plats of the surveys of the new district hereby created, and of the portion annexed to the western district, to be deposited in the proper offices, and he is hereby authorized to allow and pay, out of the proceeds of the sales of the public lands, the reasonable expenses which may be incurred in carrying this act into effect.

SEC. 5. And be it further enacted, That this act shall take effect and be in force from and after the expiration of six calendar months from the date of the passage thereof. APPROVED, August 29, 1842.

Part of certain districts annexed to the Lex

ington district.

Plats of sur

veys to be de

posited in the proper offices.

Reasonable expenses to be paid.

Act when to

take effect.

STATUTE II.

CHAP. CCLVII.—An Act to provide further remedial justice in the courts of the Aug. 29, 1842.

United States.

Act of Aug.23, 1842, ch. 188.

Justices of the Supreme Court, &c. empowered to grant writs of habeas corpus when subjects of foreign States are in custody of the United States,

&c.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That either of the justices of the Supreme Court of the United States, or judge of any district court of the United States, in which a prisoner is confined, in addition to the authority already conferred by law, shall have power to grant writs of habeas corpus in all cases of any prisoner or prisoners in jail or confinement, where he, she, or they, being subjects or citizens of a foreign State, and domiciled therein, shall be committed or confined, or in custody, under or by any authority or law, or process founded thereon, of the United States, or of any one of them, for or on account of any act done or omitted under any alleged right, title, authority, privilege, protection, or exemption, set up or claimed under the commission, or order, or sanction, of any foreign State or Sovereignty, the validity and effect whereof depend upon the law of nations, or under color thereof. And upon the return of the said writ, and due proof of the service of notice of the said proceeding to the Attorney General or other officer prosecuting the pleas of the State, under whose authority the petitioner has been arrested, committed, or is held in custody, to be prescribed by the said justice or judge at the time of granting said writ, the said justice or judge shall proceed to hear the said cause; and if, upon hearing the same, it shall appear that the prisoner or pris-If the prisoner is entitled to be oners is or are entitled to be discharged from such confinement, comdischarged for mitment, custody or arrest, for or by reason of such alleged right, title, the right, &c. authority, privileges, protection or exemption, so set up and claimed, claimed, the and the laws of nations applicable thereto, and that the same exists in justice or judge fact, and has been duly proved to the said justice or judge, then it shall discharge him. be the duty of the said justice or judge forthwith to discharge such prisoner or prisoners accordingly. And if it shall appear to the said justice or judge that such judgment or discharge ought not to be rendered, then the said prisoner or prisoners shall be forthwith remanded: Pro- Proviso. vided always, That from any decision of such justice or judge an appeal may be taken to the circuit court of the United States for the district in which the said cause is heard; and from the judgment of the said circuit court to the Supreme Court of the United States, on such

shall forthwith

Until final judgment, and after discharge, proceedings in State courts null and void.

STATUTE II.

Aug. 29, 1842.

In cases where the U. S. cannot issue pa

tents, the certificates of purchase may be surrendered to be cancelled.

President may

cause a resur

terms and under such regulations and orders as well for the custody and appearance of the prisoner or prisoners as for sending up to the appellate tribunal a transcript of the petition, writ of habeas corpus returned thereto, and other proceedings, as the judge hearing the said cause may prescribe; and pending such proceedings or appeal, and until final judg ment be rendered therein, and after final judgment of discharge in the same, any proceeding against said prisoner or prisoners, in any State court, or by or under the authority of any State, for any matter or thing so heard and determined, or in process of being heard and determined, under and by virtue of such writ of habeas corpus, shall be deemed null and void.

APPROVED, August 29, 1842.

CHAP. CCLVIII.—An Act in relation to lands sold in the Greensburgh, late St. Helena, land district, in the State of Louisiana, and authorizing the resurvey of certain lands in said district.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where lands shall have been entered at the land office in the Greensburgh, late St. Helena, land district, in the State of Louisiana, where the United States cannot issue patents therefor, owing to the errors and imperfections of the public surveys, or to conflicting claims, it shall be lawful for the person having made such entries, or his or her heirs or legal representatives, or grantees, or their heirs or legal representatives, who may [be] legally and equitably entitled to the same, after a demand of the patent, and a refusal to issue the same, to surrender his or her certificate of purchase to the Secretary of the Treasury to be cancelled; and, upon such surrender, it shall be the duty of the Secretary of the Treasury to refund, without interest, the purchase-money for said lands to the person entitled to receive the same, out of any money in the Treasury not otherwise appropriated.

SEC. 2. And be it further enacted, That it shall be lawful for the President of the United States, if he shall deem it expedient, to cause vey of the un- a resurvey of all or any part of the lands lying in said district remainsold lands, &c. ing unsold, or the certificates for which may be surrendered in virtue of this or any other act of Congress, thereby correcting the surveys, and designating the lands covered by private claims under Spanish or French grants; and so soon as said resurveys shall have been returned and confirmed by the Secretary of the Treasury, the unreserved public lands therein specified shall be subject to the laws for the disposal of the public lands, and patents therefor shall issue as in other cases: Provided, That purchasers aforesaid may retain their certificates of purchase, and the surveys of said tracts shall be corrected, and when said surveys are corrected, may receive their patents from the United States for the land so purchased by them. APPROVED, August 29, 1842.

Proviso.

STATUTE II. Aug. 29, 1842.

Accounts of the Legislative Assembly to be settled.

No extra compensation to any member, except the presiding officer, &c.

CHAP. CCLIX.-An Act to provide for the settlement of certain accounts for the support of Government in the Territory of Wisconsin, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury Department be directed to audit and settle the accounts for the expenses of the Legislative Assembly of the Territory of Wisconsin, including the printing of the laws and other incidental expenses which have not heretofore been closed and settled at the Treasury Department; but no allowance shall be made for extra compensation to any member of the Legislative Assembly of said Ter

ritory for extra services, except to the presiding officers of the two Houses of said Assembly, nor for extra compensation to the Secretary of said Territory, nor to the Clerk of either House of said Legislative Assembly for the performance of duties required by law, nor for any other purpose not authorized by the eleventh section of the act of Congress, approved April twenty, eighteen hundred and thirty-six, entitled "An act establishing the Territorial Government of Wisconsin ;" and the incidental expenses therein authorized shall be construed to be the ordinary and necessary expenses of the sessions of said Legislative Assembly, and no other.

1836, ch. 54.

Accounts of

territories to be adjusted at the

Treasury.

No payment

SEC. 2. And be it further enacted, That all accounts for disbursements in the Territories of the United States, of money appropriated by Congress for the support of Government therein, shall be settled and adjusted at the Treasury Department; and no act, resolution, or order, of the Legislature of any Territory, directing the expenditure of the sum, shall be deemed a sufficient authority for such disbursement, but sufficient vouchers and proof for the same shall be required by said accounting officers. And no payment shall be made or allowed, unless the Secretary of the Treasury shall have estimated therefor, and the to be made, unless approved object been approved by Congress. No session of the Legislature of a by Congress. Territory shall be held until the appropriation for its expenses shall have been made. In the adjustment of said accounts, no charge for the services of a greater number of officers and attendants shall be allowed allowed, and than for one secretary and assistant secretary, or clerk, one sergeant-atarms, or doorkeeper, one messenger, and one foreman for each House of the Legislature, to neither of whom shall a greater compensation than three dollars per day be paid. And it shall be the duty of the Secretary of each Territory to prepare the acts passed by the Legislature for publication, and to furnish a copy thereof to the public printer of the Territory within ten days after the passage of each act.

What officers

their pay.

Secretaries of territories to prepare the acts for publication.

Amount found

SEC. 3. And be it further enacted, That whatever sum of money shall be found due, upon such auditing and settlement, beyond the due to be paid. amount of former appropriations, whether the same have been expended or not, be paid out of any money in the Treasury not otherwise appropriated.

SEC. 4. And be it further enacted, That said accounting officers of the Treasury be directed to audit and settle the accounts for expenses of the Legislative Assembly of the Territory of Florida, not heretofore audited and settled, in the same manner and upon the same principles herein prescribed for the settlement of the accounts of the Territory of Wisconsin; and whatever sum of money shall be found due, upon such auditing, be paid out of any money in the Treasury not otherwise appropriated.

APPROVED, August 29, 1842.

CHAP. CCLX.—An Act supplementary to "An act to provide for the adjustment of titles to land in the town of Detroit, and Territory of Michigan, and for other purposes," passed April twenty-one, eighteen hundred and six.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the mayor, recorder, and aldermen of the city of Detroit, in the State of Michigan, be, and they, or a quorum of them in council assembled, are hereby, authorized to hear, examine, and finally adjust, all claims arising under the act to which this is supplementary, against the governor and judges of the late Territory of Michigan, and receive all moneys, or other rights to property to which the said governor and judges were entitled, or became entitled under said act.

SEC. 2. And be it further enacted, That the said mayor, recorder,

Accounts of

the Legislative Assembly of settled in the same manner,

Florida to be

&c.

STATUTE II.

Aug. 29, 1842.

Act of April 21, 1806, ch. 43.

Mayor, &c. of Detroit authorized to adjust claims under the act to which this is supplementary.

Mayor, &c. authorized to receive journ'ls, &c. of the board acting under act 21st April 1806,

ch. 43.

Powers, &c. vested in said board, transferred to the mayor, &c. Mayor, &c.

authorized to institute legal proceedings.

All property, except the court house and jail, vested in the mayor, &c.

and aldermen, of the said city of Detroit be, and they are hereby, entitled to receive from any person or persons having possession of the same, the journals, records, papers, and books of the governor and judges of the late Territory of Michigan, acting as a land board, under the Act of April twenty-first, one thousand eight hundred and six, to which this is a supplement; and that all powers and rights vested by the said act in the said governor and judges, for the purposes therein mentioned, are hereby transferred and vested in the mayor, recorder, and aldermen, of the city of Detroit, in the State of Michigan. And the said mayor, recorder, and aldermen, are hereby authorized to institute proceedings at law or in equity, in any court of competent jurisdiction, in all cases where it may be necessary to carry into effect the purposes of this act.

SEC. 3. And be it further enacted, That any land or other property, real or personal, remaining, except the court-house and jail erected under the act to which this is a supplement, after satisfying all just claims provided for in the first section of the act to which this is a supplement, is hereby vested in the said mayor, recorder, and aldermen, of the city of Detroit, to be disposed of by them at their discretion to the best advantage; and they are hereby authorized to make deeds to purchasers thereof, or other sufficient conveyances; and the proceeds of the land or other property effects or claims so disposed of, and of other rights and claims of the said governor and judges, shall, after the payment of all necessary expenses incurred in giving effect to said act and to this act and in the adoption of such measures as they may deem necessary for preserving in proper form the records and other evidences of the proceedings of said governor and judges, be applied by the said mayor, recorder and aldermen, to such object or objects of public improvement in said city, as the said mayor, recorder, and aldermen, may Mayor, &c. to in council direct. And the said mayor, recorder and aldermen are hereby required to take an oath or affirmation for the faithful discharge of their duties under this act, and make a report to Congress, in writing, of their proceedings, on or before the first day of January, one thousand eight hundred and forty-four. APPROVED, August 29, 1842.

take an oath or

affirmation.

STATUTE II. Aug. 29, 1842.

CHAP. CCLXI.-An Act to provide for the payment to the State of Louisiana of the balance due said State for expenditures incurred in raising, equipping and paying off a regiment of volunteer militia, mustered into the service of the United States, and employed in the Florida war in the year one thousand eight hundred and thirty-six.

Be it enacted by the Senate and House of Representatives of the United Appropriation States of America in Congress assembled, That the sum of sixty-one

to pay the balance due Louisiana.

STATUTE II.

Aug. 29, 1842.

thousand three hundred and seventy-eight dollars and fifteen cents, be, and the said sum is hereby, appropriated, to pay the balance due the State of Louisiana for expenditures incurred in raising, equipping and paying off a regiment of volunteer militia, employed in the service of the United States in the Seminole war.

APPROVED, August 29, 1842.

CHAP. CCLXII-An Act to authorize the States of Indiana and Illinois to select certain quantities of land, in lieu of like quantities heretofore granted to the said States, for the construction of the Wabash and Erie and the Illinois and Michigan canals. (a)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be vested

(a) Act of March 30, 1822, chap. 14; act of May 26, 1824, chap. 165; act of March 2, 1827, chap. 5156; act of May 29, 1830, chap. 161; act of June 3, 1834, chap. 137; act of Feb. 27, 1841, chap. 12; act of March 3, 1845, chap. 42.