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be entitled to reservations under this act ; the quantity of land
Sec. 5. And be it further enacted, That the commissioners
Sec. 6. And be it further enacted, That if the President of Upon approval the United States shall approve and confirm the determination by the President of of the commissioners heretofore appointed to investigate the of the commissionclaims existing under the fourteenth article of the said treaty of shall be delivered Dancing Rabbit creek, in any case, he shall cause to be deliver to the claimant, ir ed to the claimant, if he be a Choctaw Indian, his legal representatives or heirs, certificates, as provided by the fourth section of this act, for the quantity of land to which such claimunt shall appear, by such determination, to have been entitled, in full satisfaction and discharge of such claim: Provided, Such determination was made by adhering, in every instance, to the requisites contained in the fourth section of this act : And provided, also, That said claims, nor either of them, cannot now be lo. cated, according to the provisions of the fourth section of this act.
Sec. 7. And be it further enacted, That distinct accounts kept of the certifishall be kept of the certificates issued in satisfaction of the claims amount withheld provided for by this act, and of all expenses attending the exe- to the States. cution of the same; and the amount thereof shall be retained and withheld from any distribution to the States.
Commissioners Sec. 8. And be it further enacted, That nothing in this act not ito adjudicate contained shall be so construed as to authorize the said com- men with indian missioners to adjudicate any claim which may be presented by a white man who may have had, or now has, an Indian wife or family; and any patent to land, which shall issue on any Indian claim, under the provisions of the treaty aforesaid, shall be issued Patents to be isto the Indian to whom the claim was allowed, if living, and if sued, how. dead, to his or her heirs and legal representatives, any, act of Congress, or usage, or custom, to the contrary notwithstanding.
Sec. 9. And be it further enacted, That no claim shall be allowed, under the fourteenth article of said treaty, if the said commissioners shall be satisfied, by such proof as they may 14th article of the prescribe, that said claim had been, previous to the expiration treaty, if assigned of five years from the ratification of said treaty, assigned, either expiration of the in whole or in part; and in case of a partial assignment, or agreement for an assignment thereof, the same shall be allowed so far only as the original Indian claimant was, at that date, the bona fide proprietor thereof.
Accounts to be
No claim to be allowed under the
5 years from its ratification.
Claims not pre
Sec. 10. And be it further enacted, That all claims under sented within one either of the articles of said treaty mentioned above, or the sup
plemental articles thereof, which shall not be duly presented to said commissioners for allowance within' one year after the final passage of this act shall be thereafter forever barred.
Approved, August 23d, 1842.
CHAP. 188.-AN ACT further supplementary to an act entitled, “An act to
establish the judicial courts of the United States,” passed the twenty-fourth of September, seventeen hundred and eighty-nine.
the peace in cer
[Sec. 1.) Be it enacted by the Senate and House of Re
presentatives of the United States of America in Congress Commissi o ners assembled, That the commissioners who now are, or hereafter cicuit courts 10 may be, appointed by the circuit courts of the United States to torker bail, See, may take acknowledgments of bail and affidavits, and also to take ers of a justice of depositions of witnesses in civil causes, shall and may
exercise main cases. all the powers that any justice of the peace, or other magistrate,
of any of the United States may now exercise in respect to offenders for any crime or offence against the United States, by arresting, imprisoning, or bailing the same, under and by virtue of the thirty-third section of the act of the twenty-fourth of September, Anno Domini seventeen hundred and eighty-nine, en. titled, An act to establish the judicial courts of the United States ;” and who shall and may exercise all the powers that any judge or justice of the peace may exercise under and in virtue of the sixth section of the act passed the twentieth of July, Anno Domini seventeen hundred and ninety, entitled “An act for the government and regulation of seamen in the merchant service.”
SEC. 2. And be it further enacted, That in all hearings bepüstice or judge fore any justice or judge of the United States, or any commismissioner, may re, sioner appointed as aforesaid, under and in virtue of the said
irty-third section of the act entitled “ An act to establish the appearance judicial courts of the United States,” it shall be lawful for such
justice, judge, or commissioner, where the crime or offence is charged to have been committed on the high seas or elsewhere within the admiralty and maritime jurisdiction of the United States, in his discretion to require a recognizance of any witness produced in behalf of the accused, with such surety or sureties as he may judge necessary, as well as in behalf of the United States, for their appearing and giving testimony, at the trial of the cause, whose testimony, in his opinion, is important for the
purposes of justice at the trial of the cause, and is in danger of V. 8. 10 pay such being otherwise lost; and such witnesses shall be entitled to witnesses the same receive from the United States the usual compensation allowed
to Government witnesses for their detention and attendance, if they shall appear and be ready to give testimony at the trial.
Sec. 3. And be it further enacted, That the district courts
of the United States shall have concurrent jurisdiction with the of all offences not circuit courts of all crimes and offences against the United capital,
sses 10 give recognizance for their to testity.
District courts 10 have concurrent jurisdiction with the circuit courts
Any judge may direct and award all
States, the punishment of which is not capital. And in such of the districts where the business of the court may require it to h be done for the purposes of justice, and to prevent undue ex-journments for the penses and delays in the trial of criminal causes, the said dis- when purposes of trict courts shall hold monthly adjournments of the regular Jus terms thereof for the trial and hearing of such causes.
Sec. 4. And be it further enacted, That, in lieu of the pun- Punishment preishment now prescribed by the sixteenth section of the act of scribed by 16th sec.
of act of April 30, Congress, entitled, “An act for the punishment of certain 1790, changed só crimes against the United States," passed on the thirtieth day i of April, Anno Domini one thousand seven hundred and ninety, year's "imprison
Y ment according to for the offences in the said section mentioned, the punishment the offence. of the offender, upon conviction thereof, shall be by fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both, according to the nature and aggravation of the offence.
Sec. 5. And be it further enacted, That the district courts as courts of admiralty, and the circuit courts as courts of equity, cuit Courts to be shall be deemed always open for the purpose of filing libels, the purpose of filbills, petitions, answers, pleas, and other pleadings, for issuing his and returuing mesne and final process and commissions, and for making and directing all interlocutory motions, orders, rules, and other proceedings whatever, preparatory to the hearing of all causes pending therein upon their merits. And it shall be competent for any judge of the court, upon reasonable notice to the parties, in the clerk's office or at chambers, and in vacation such processes, as well as in term, to make and direct, and award all such pro- ble of course. cess, commissions and interlocutory orders, rules, and other proceedings, whenever the same are not grantable of course according to the rules and practice of the court. SEC. 6. And be it further enacted, That the Supreme Court
Supreme Court shall have full power and authority, from time to time, to pre- to have power to scribe, and regulate, and alter, the forms of writs and other pro- and alter the forms cess to be used and issued in the district and circuit courts of the 211, Worlate the United States, and the forms and modes of framing and filing whole practice of libels, bills, answers, and other proceedings and pleadings, in suits at common law or in admiralty and in equity pending in the said courts, and also the forms and modes of taking and obtaining evidence, and of obtaining discovery, and generally the forms and modes of proceeding to obtain relief, and the forms and modes of drawing up, entering, and enrolling decrees, and the forms and modes of proceeding before trustees appointed by the court, and generally to regulate the whole practice of the said courts, so as to prevent delays, and to promote brevity and succinctness in all pleadings and proceedings therein, and to abolish all unnecessary costs and expenses in any suit therein.
Sec. 7. And be it further enacted, That, for the purpose of Supreme Court further diminishing the costs and expenses in suits and proceed to ings in the said courts, the Supreme Court shall have full pow- in the District or er and authority, from time to time, to make and prescribe regulations to the said district and circuit courts, as to the taxation and payment of costs in all suits and proceedings therein; and up
to have power to regulate the costs
to make and prescribe a table of the various items of costs which shall be taxable and allowed in all suits, to the parties, their attorneys, solicitors, and proctors, to the clerk of the court, to the marshal of the district, and his deputies, and other officers serving process, to witnesses, and to all other persons whose services are usually taxable in bills of costs. And the items so stated in the said table, and none others, shall be taxable or allowed in bills of costs; and they shall be fixed as low as they reasonably can be, with a due regard to the nature of the duties and services which shall be performed by the various officers and persons aforesaid, and shall in no case exceed the costs and expenses now authorized, where the same are provided for by
existing laws. Interest shall be Sec. 8. And be it further enacted, That on all judgments Hvowem angeving in civil cases, hereafter recovered in the circuit or district courts der execution up- of the United States, interest shall be allowed, and may be levied recovered in the by the marshal, under process of execution issued thereon, in all
et cases where, by the law of the State in which such circuit or
district court shall be held, interest may be levied under process of execution on judgments recovered in the courts of such State, to be calculated from the date of the judgment, and at such rate per annum, as is allowed by law, on judgments recovered in the courts of such State.
Approved, August 23d, 1842 .
on all judgments
Circuit or District
CHAP: 189.-AN ACT making an appropriation to supply a deficiency in the
navy pension fund.
priated to supply
[Sec. 1.] Be it enacted by the Senate and House of Re
presentatives of the United States of America in Congress $84,951, appro. assembled, That the sum of eighty-four thousand nine hunthe deficiency in arcu
mappin dred and fifty.one dollars be, and the same is hereby appropriated, the navy pension out of any money in the Treasury not otherwise appropriated,
to supply any deficiency which may exist in the navy pension fund, for the payment of the semi-annual navy pension which will be due on the first day of July, eighteen hundred and forty
two. Act of March 3, Sec. 2. And be it further enacted, That the act entitled
“An act to provide for the more equitable administration of the navy pension fund," approved March third, eighteen hundred
and thirty-seven, be, and the same is hereby, repealed, from and
be after the first day of July, eighteen hundred and forty-two. And regulated accord- all pensions to officers and seamen in the naval service shall be the navy on the regulated according to the pay of the navy as it existed on the
anuary, first day of January, one thousand eight hundred and thirty-five. Act of April 6, Sec. 3. And be it further enacted, That so much of an act,
he entitled “An act directing the transfer of money remaining untime for unclaimed claimed by certain pensioners, and authorizing the payment of in the hands of the same at the Treasury of the United States," approved April to 14 months. sixth, eighteen hundred and thirty-eight, as requires pensions
Pensions to be
ing to the pay of
1st of Janual 1835.
1838, partially repealed, and the
money to remain
that may have remained unclaimed in the hands of pension agents for eight months to be returned to the Treasury, be, and the same is hereby, repealed, and that the time within which such pensions shall be returned to the Treasury, be, and the same is hereby, extended to fourteen months; subject to all the other restrictions and provisions contained in the said act.
Approved, August 23d, 1842.
CHAP. 190.-AN ACT for the relief of certain settlers in the Territory of
Mineral Point who
[Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress That settlers at assembled, That every settler in the district of lands subject to have been refused sale at Mineral Point, in the Territory of Wiskonsan, who shall entrymunder the show, by proof which shall be satisfactory to the register and re- June 19, 1834, on ceiver of the land office at Muscoday, that he, by cultivation and mineral character possession, as required by the pre-emption act of the nineteenth editor
antenowa of June, eighteen hundred and thirty-four, was entitled to a right quarter section of pre-emption; and that he, the said setuler, was refused the privileges granted by said act, in consequence of the mineral character of the tract of land applied for by him, shall be permitted to enter, at the rate of one dollar and twenty-five cents an acre, one complete quarter section of land, of any lands in said land district which have not yet been offered at public sale : Provided, That no tract shall be entered, by any settler claim- Proviso: that it ing under this act, which contains mines or discoveries of lead mines, &c., or be ore, or on which there may be an improvement, or on which tled on by another any person may have a residence, or which may have been re. person. served from sale: And provided, further, That the claimant Proviso: that under this act, and his witnesses, shall make oath, before a per. make oath, w the son duly qualified to administer oaths, to all the facts stated by them.
Sec. 2. And be it further enacted, That the provisions of Insta Į this act be carried into effect, in conformity with the instructions Sec. of Treasury
which may be given by the Secretary of the Treasury, to the ceiver at Muscoregister and receiver of the land office at Muscoday.
with. Approved, August 23d, 1842.
shall not contain
LOL improved or set
the claimant shall
to register and re
day to be complied
CHAP. 191.-AN ACT to amend the acts of July, eighteen hundred and thir*ty-six, and eighteen hundred and thirty-eight, allowing pensions to certain widows.
[Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress
. Marriage of a assembled, That the marriage of the widow, after the death of widow after the her husband, for whose services she claims a pension under the death
band to be no bar act of the seventh of July, eighteen hundred and thirty-eight, to her pension if a shall be no bar to the claim of such widow to the benefit of that of applying.
ssembled, That the United State Senate and Ho
death of her hus
widow at the time