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give security in the same manner and in the same sums, and whose duties and authority, compensation and emoluments, shall in every respect be the same, in relation to the lands to be disposed of in said district, as are or may be provided by law in relation to the registers and receivers of public money in the several offices established for the

sale of the public lands. Registers, &c. Sec. 3. And be it further enacted, That it shall be the duty of the at Litle Rock and Washing

registers and receivers for the districts of land subject to sale at Little ton to transfer Rock and Washington, in the State aforesaid, under the direction of documents, &c. the Commissioner of the General Land Office, to transfer to the register

and receiver for the district hereby created all the proper evidences, documents, records, and township plats, in relation to lands heretofore sold or subject to sale at those offices, respectively, which fall within

the limits of the district hereby created. Act to take ef. Sec. 4. And be it further enacted, That this act shall take effect and fect in 3 months. be in force from and after the expiration of three calendar months from

the date of the passing hereof.

APPROVED, February 20, 1845. STATUTE II. Feb. 26, 1845. CHAP. XIX. —An Act supplementary to An act to repeal an act for the better

organization of the district court of the United States within the Siate of LouisAct of Feb.

ana,and for other purposes, approved February thirteenth, one thousand eight 20, 1845, ch.5.

hundred and forty-five. (a)

Be it enacted by the Senate and House of Representatives of the Circuit court United States of America in Congress assembled, That all the causes causes in district now pending in the district court of the United States for the western ern dist. trans

district of the State of Louisiana, which appropriately belong to the cirferred to circuit cuit court jurisdiction, shall be transferred to the circuit court of the court for eastern United States for the eastern district of Louisiana, there to be proceeded district.

in according to law, and in the same manner, as if they had originated in that court; and the causes which belong to the jurisdiction of the district court shall be and remain in the district court for the eastern district court, to be proceeded in according to law, and in the same manner as if they had originated therein.

APPROVED, February 26, 1815. STATUTE II. Feb. 26, 1845. CHAP. XX. -- An Act extending the jurisdiction of the district courts to certain

cases, upon the lakes and navigable waters connecting the same.

Be it enacted by the Senate and House of Representatives of the In matters of

United States of America in Congress assembled, That the district contract and tort, dist. courts

courts of the United States shall have, possess, and exercise, the same to have the jurisdiction in matters of contract and tort, arising in, upon, or consame jurisdic- cerning, steamboats and other vessels of twenty tons burden and uption upon the lakes as on the wards, enrolled and licensed for the coasting trade, and at the time em. high seas.

ployed in business of commerce and navigation between ports and places Act of Sept. in different States and Territories upon the lakes and navigable waters 24, 1789, ch. 20.

connecting said lakes, as is now possessed and exercised by the said courts in cases of the like steamboats and other vessels employed in

navigation and commerce upon the high seas, or tide waters, within the Modes of pro- admiralty and maritime jurisdiction of the United States; and in all suits ceeding, &c.

brought in such courts in all such matters of contract or tort, the remedies, and the forms of process, and the modes of proceeding, shall be

the same as are or may be used by such courts in cases of admiralty Decisions, how and maritime jurisdiction; and the maritime law of the United States, to be made.

so far as the same is or may be applicable thereto, shall constitute the

rule of decision in such suits, in the same manner, and to the same er(a) See notes of the acts relating to the District Court of Louisiana, vol. 3, 771.

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tent, and with the same equities, as it now does in cases of admiralty
and maritime jurisdiction; saving, however, to the parties the right of
trial by jury of all facts put in issue in such suits, where either party
shall require it; and saving also to the parties the right of a concurrent
remedy at the common law, where it is competent to give it, and any
concurrent remedy which may be given by the State laws, where such
steamer or other vessel is employed in such business of commerce and
navigation.
APPROVED, February 26, 1845.

STATUTE II. Chap. XXII.-An Act cxplanatory of an act entitled An act making appropria. Feb. 26, 1845.

tions for the civil and diplomatic erpenses of Government for the year one thousand eight hundred and thirty-nine.” (a)

Be it enucted by the Senate and House of Representatives of the United States of America in Congress assembled, That nothing con

Construction

of 2d section of tained in the second section of the act entitled “An act making appro- acı 3d March priations for the civil and diplomatic expenses of Government for the 1839, ch. 82, year one thousand eight hundred and thirty-nine," approved on the third sec, 2, relative

to duties paid day of March, one thousand eight hundred and thirty-nine, shall take under protest. away, or be construed to take away or impair, the right of any person or persons who have paid or shall hereafter pay money, as and for duties, under protest, to any collector of the customs, or other person acting as such, in order to obtain goods, wares, or merchandise, imported by him or them, or on his or their account, which duties are not authorized or payable in part or in whole by law, to maintain any action at law against such collector, or other person acting as such, to ascertain and try the legality and validity of such demand and payment of duties, and to have a right to a trial by jury, touching the same, according to the due course of law. Nor shall any thing contained in the second section of the act aforesaid be construed to authorize the Secretary of the Treasury to refund any duties paid under protest; nor shall any action be maintained against any collector, to recover the amount of duties so paid under protest, unless the said protest was made in writing, and signed by the claimant, at or before the payment of said duties, setting forth distinctly and specifically the grounds of objection to the payment thereof. APPROVED, February 26, 1845.

STATUTE II. CHAP. XXIV.-An Act to authorize the South Carolina Railroad Company to Feb. 26, 1845.

import certain pipes and machinery free of duty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the South Caro- Sec. Treas. to lina Railroad Company be, and hereby is, authorized to import into the prescribe the United States, without payment of duties thereon, all such pipes as have importation. been or may be invented or used for the application of the atmospheric pressure as a propelling power on railroads, not to exceed what is sufficient for a road one mile in length, and also all the machinery connected therewith, or which is necessary for the use and working thereof, under such regulations as the Secretary of the Treasury may prescribe. APPROVED, February 26, 1845.

STATUTE II. Chap. XXV.-An Act to amend an act entitled "An act to carry into effect, in the Feb. 26, 1845. Slates of Alabama and Mississippi, the existing compacts with those States with

Act of July 4, regard to the five per cent. fund and the school reservations."

1836, ch. 355. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the

(a) See notes to the act of March 3, 1839, chap. 82, ante, p. 349.

.

So much of the fourth section of the act entitled “An act to carry into effect, in the 4th sec. of the States of Alabama and Mississippi, the existing compacts with those act as requires the Sec. Treas. States with regard to the five per cent. fund and the school reservations," to select the as purports to require that a quantity of land, equal to the one thirtylands granted

sixth part of the lands lying within the State of Alabama, which were for schools in the Chickasaw disposed of, or directed to be disposed of, in and by the treaty between purchase, re. the United States and the Chickasaw Indians, made and concluded at pealed.

the city of Washington, on the twenty-fourth day of May, one thousand eight hundred and thirty-four, shall be selected, under the direction of the Secretary of the Treasury, within any land district in said State of Alabama, contiguous to said lands within said. State so disposed of, &c.,

by the said Chickasaws, as aforesaid, be, and the same is hereby, reProviso.

pealed: Provided, That nothing herein contained shall be so construed as in any wise to affect the validity and binding force of any such selections as may heretofore have been made, in virtue of said fourth section, and sanctioned and accepted by the inhabitants of those surveyed townships, respectively, for whom they may have been made, as an equivalent and substitute for section number sixteen, within such surveyed

township. Governor of Sec. 2. And be it further enacted, That said lands, equal in quantity Alabama autho

to one thirty-sixth part of the lands so, in virtue of said treaty, disposed rized to select the lands within of, &c., within said State of Alabama, (deducting therefrom such quan. two years.

tity, if any, as may have been selected, as aforesaid, under the authority of said fourth section, and accepted, as aforesaid, in lieu of said section number sixteen, by the inhabitants of the proper surveyed township,) may be selected, under the direction of the Governor of Alabama, at any time within two years from the passing of this act, in sections, halfsections, quarter-sections, or previously defined fractions, out of any of the surveyed public lands, within any of the land districts in the States of Alabama or Mississippi, subject to sale at private sale, and not in any

wise encumbered by any prior claim, lien, or reservation, as the GoverWhat is requi. nor of the said State of Alabama may direct. But the same selections, site to perfect respectively, shall not be holden to have been perfected, until the same, the selections.

as from time to time they shall have been made, shall have been reported to the Commissioner of the General Land Office, together with proofs, taken in such manner as the Legislature of the State of Alabama shall prescribe, of the assent of the inhabitants of the surveyed townships, respectively, for whose benefit the same may have been selected; and that the said inhabitants consent to and accept the same, in lieu of, and

as a full equivalent for, the school section which, by the sixth section 1819 ch. 47.

of the act entitled "An act to enable the people of the Alabama territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States,"

was guarantied to them. Land to rest in Sec. 3. And be it further enacted, That when the land shall have Alabama, sub- been so as aforesaid selected and reported, and, as aforesaid, so accepted ject to the uses, &c. of 16th sec by said inhabitants of said surveyed township, respectively, the same tions.

shall vest in the State of Alabama, subject to the same disposition and uses, and shall be holden subject to the same conditions and terms, in all respects whatsoever, as, by the said sixth section of the act herein

above referred to, were prescribed or intended in relation to sections Gov.of Alaba. number sixteen, within said State of Alabama. And it shall be compema to notify the tent for the said Governor of Alabama, as from time to time such selecRegister of the Land Office of tions may be made, and before they are perfected as aforesaid, to give his selections. notice thereof to the register of the proper land office of the land dis

trict in which such selection may be made, in such form as the Commissioner of the General Land Office shall prescribe; and, thereupon, the land so selected shall, during such convenient time as such Com

sec. 14.

missioner of the General Land Office may prescribe, be considered, for the time being, as withdrawn from sale, and not subject to entry. APPROVED, February 26, 1845.

STATUTE II. Chap. XXVI. -An Act to amend the act entitled "An act making appropriations Feb. 26, 1845.

for the naval service for the fiscal year ending the thirtieth day of June, one
thousand eight hundred and forty-five."
Be it enacted by the Senate and House of Representatives of the United

3d sec. act 17th States of America in Congress assembled, That the third section of the June 1844, ch. act entitled "An act making appropriations for the naval service for the 107, not applicafiscal year ending the thirtieth day of June, one thousand eight hundred ble to officers on

foreign stations, and forty-five," approved June seventeen, one thousand eight hundred until after reand forty-four, shall not be understood or construed to apply to the claim ceipt of ii forma. of an officer employed on a foreign station who would be entitled, under one of its pas.

sage. the provisions of previous acts of Congress, to receive the pay of a higher grade, while temporarily performing the duties of such higher grade, until information of the passage of the said act shall have been received on board of the vessel to which such officer was or is attached. APPROVED, February 26, 1945.

STATUTE II. Chap. XXVIII.-An Act to authorize a relocation of land warrants number three, Feb. 26, 1845. four, and five, granted by Congress to General Lafayette.

Act of March Be it enacted by the Senate and House of Representatives of the 27, 1804, ch. 61, United States of America in Congress assembled, That the legal holders

Holders of the or assignees of land warrants numbered three, four, and five, granted by warrants authothe act of Congress of twenty-seventh March, one thousand eight hun- rized to enter dred and four, to General Lafayette, and located at Point Coupee, in the

other lands,&c. State of Louisiana, in three adjoining surveys of one thousand acres each, and which locations are shown to have been made in material conflict with several older and better grants, shall, upon exhibiting to the register and receiver of any land office within the State of Louisiana, his or their evidence of right to the warrants above described, be permitted, under the same rules and restrictions of the original law under which said locations were authorized, to enter and locate a like quantity of land on any of the unappropriated public lands in the State of Louisiana : Provided, That, before any such register and receiver shall issue

Proviso. to such holders or assignees any certificate of relocation, the holders or assignees shall deposite a copy of their deraignment of title from General Lafayette, and a release of title to the lands located at Point Coupee. APPROVED, February 26, 1845.

STATUTE II. CHAP. XXXV.-An Act to change the time for holding the Circuit and Criminal March 1, 1845

Courts in the county of Washington.
Be it enacted, by the Senate and House of Representatires of the United

Time of hold. States of America in Congress assembled, That the Circuit Court of

ing fall term of the United States for the county of Washington, District of Columbia, circuit court shall hereafter be held on the third Monday of October of each year, changed. instead of the fourth Monday of November designated by law.

Sec. 2. And be it further enacted, That hereafter there shall be but Times of hold three terms of the criminal court for Washington county, in the District ing criminal

court now fixed of Columbia, instead of the four terms of said court now fixed by law; and that said three terms hereafter shall commence and be held on the first Monday in March, the third Monday in June, and the first Monday in December, in each and every year. . All process whatsoever in the Process return.

able on days said criminal court now issued or which may be issued in the county of now fixed. Washington, in said District, returnable to the days now fixed by law

Vol. V.-92

a

for said county, shall be returnable and returned on the days for holding said criminal court, prescribed by this statute.

APPROVED, March 1, 1815.

Invalid pen

STATUTE II.
March 1, 1845. Chap. XXXVI. - An Act in alteration of an act entitled " An act to establish a

port of delivery at the city of Lafayette, in the State of Louisiana."

Be it enacted by the Senate and House of Representatives of the Vessels may,

United States of America in Congress assembled, That all vessels bound after proceeding to the city of Lafayette, in the State of Louisiana, may, after proceedto Lafayette, make report

ing thereto, and making report and entry at the port of New Orleans, and entry at within the time limited by law, be permitted to unlade their cargoes at

said Lafayette, under the rules and regulations prescribed by law, and such further regulations as the Secretary of the Treasury may deem necessary. And so much of the first section of the act entitled “An

act to establish a port of delivery at the city of Lafayette, in the State Act of June

of Louisiana," approved June twelve, one thousand eight hundred and 12, 1814, ch. 46. forty-four, as is inconsistent with this act, is hereby repealed.

APPROVED, March 1, 1845. Statute II. March 1, 1845. CHÁP. XXXVII. — An Act making appropriations for the payment of nary per

sions for the year ending thirtieth June, eighteen hundred and forty-siz. (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 the same are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the payment of navy pensions for

the year ending the thirtieth June, eighteen hundred and forty-six. sions. Privateer pen.

To pay invalid pensions, forty thousand dollars ; sions.

To pay the privateer pensions, three thousand dollars; Widows' pen. sions.

To pay widows' pensions, twelve thousand dollars; Deficiency in To supply a deficiency in the appropriation for paying widows' penwidows' pen

sions under the act of June thirtieth, eighteen hundred and thirty-four, sions. Act of June 30,

for the year ending thirtieth June, eighteen hundred and forty-five, six 1834, ch. 134.

thousand dollars.

APPROVED, March 1, 1815. STATUTE II. March 1, 1845. Chap. XXXVIII. - An Act to authorize the sale of two Arabian horses, received

as a present by the Consul of the United States at Zanzibar, from the Imauno (Obsolete.] Muscat.

Be it enacted by the Senate and House of Representatives of the United Horses, when States of America in Congress assembled, That the President of the to be sold.

United States be, and he is hereby, authorized to cause the two horses received as a present by the Consul of the United States at Zanzibar, from the Imaum of Muscat, to be sold in Washington city by public auction, on the last Saturday of February, one thousand eight hundred and forty-five, and to cause the proceeds thereof to be placed in the Treasury of the United States.

APPROVED, March 1, 1845. STATUTE II. March 1, 184. Cap. XXXIX.–An Act to change the time of holding the Federal courts in Ken

tucky, North Carolina, South Carolina, Georgia, Alabama and Louisiana.

Be it enacted by the Senate and House of Representatires of the Circuit and dis- United States of America in Congress assembled, That from and after trict courts in Kentucky.

the passage of this act the fall sessions of the circuit and district courts of the said United States for the district of Kentucky, heretofore commenced and held on the third Monday in November, annually, shall in

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