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CHAP. 104.--AN ACT to authorize the county commissioners of binn county,

in the Territory of Iowa; to enter, by legal sub-divisions, a quarter section of
land, upon which the county-seat has been located.

ter certain lands in

the claim of Linn

ter section of land

Sec. 1.) Be it enacted by the Senate and House of Re. presentatives of the United States of America in Congress assembled, That the county commissioners of the county of

of Authority to enLinn, in the Territory of Iowa, be, and they are hereby, author- full satisfaction of ized within one year next after the date of this act, to make en-county to a quartry, at the proper land office, at the minimum price, of the west under act of 26th half of the northwest quarter of section numbered six, in township May, 1824, numbered eighty-three north, of range numbered six west; and the east half of the northeast quarter of section numbered one, in township numbered eighty-three north, of range numbered seven West; making one hundred and sixty acres, more or less, or a - quarter section of land, upon which the town of Marion, the county-seat of said county, is located, in full satisfaction of the claim of said county, under the provisions of the act entitled, “An act granting to the counties or parishes of State and Territory of the United States, in which the public lands are situated, the right of pre-emption to quarter sections of land, for seats of justice, within the same," approved twenty-sixth of May one thousand eight hundred and twenty-four : Provided, That i said lands, nor any part thereof, shall not have been by the sold. United States prior to the date of this act. . .

Approved, July 27th, 1842.

Proviso : the jande

CHAP. 105.-AN ACT to incorporate a society in the District of Columbia

by the name of the National Institute for the Promotion of Science.

te incorporated

[Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Peter Force, Francis Markoe, jr., Garrett R. National Inst Barry, William J.: Stone, Daniel Webster, Walter Forward, ute John C. Spencer, Abel P. Upshur, Charles A. Wickliffe, Hugh S. Legare, John Q. Adams, William C. Preston, John J. Abert, John G. Totten, Aaron 0. Dayton, Lewis Warrington, and all : others now members of the society in the District of Columbia, known by the name of “ The National Institution for the Promotion of Science," and their successors and associates, duly elected in the manner provided for in their constitution, hereinafter mentioned, as it now exists, or as it may be hereafter altered and amended by the society herein and hereby incorporated, shall be, and they are hereby, incorporated, constituted, and declared to be a body politic and corporate, by the name of “The National Institute for the Promotion of Science."

SEC. 2. And be it further enacted, That all and singular in Propertyi veste the goods, chattels, property and effects, heretofore given, granted, devised or bequeathed to the said society, or to any person or persons, or that may have been purchased for its use, or which are or may be held in trust for it, shall be, and the same

Authorized

to

or

how.

ed.

golution

of

are hereby, vested in and confirmed to the said corporation

hereby created;' and the said corporation is hereby authorized receive property, and empowered to take or receive any sum or sums

of money, any goods, chattels, property, or effects of any kind or nature whatsoever, which shall or may hereafter be given, granted, devised or bedueathed to the said corporation, or in trust for the said corporation, by any person or persons, body politic or cor

porate, capable of making such gift, bequest, or devise : Provided, Proviso: property always, That such money, goods, chattels, property, or effects, be to be disposod of, laid out or disposed of, for the use or benefit of the said corpor

ation, according to the intention of the donors or devisors. Obligations, &c. Sec. 3. And be it further enacted, That all obligations, agreeheretofore entered into, obligatory. ments, and contracts, heretofore entered into, by or with the

said society, or any of its duly, authorized agents, shall be as valid and obligatory upon the respective parties, and upon the corporation hereby created, as if the said society had been incorporated and existed as a corporation at the time and times of

entering into such obligations, agreements, and contracts. And Corporation lia- the said corporation shall be liable, to all persons and bodies pospecially deposit. litic and corporate, for all goods, chattels, and effects, heretofore

specially deposited with the said society for safe keeping or exhibition, or which may be hereafter so deposited with the said

corporation, according to the terms of the deposite. And all Property of the the property of the said corporation, at the time of the expiracorporation at the tion or dissolution of its charter, shall belong to and devolve

its upon the United States; and the President of the United States ebatter to belong for the time being shall appoint a person or persons to take pos;

session of, and keep and preserve the same, unless and until Congress shall otherwise dispose of the same.

Sec. 4. And be it further enacted, That the constitution How exists, valid, heretofore adopted by the said society, and as it now exists, and

as it may hereafter, from time to time, be altered and amended in the manner therein provided for, shall be valid and binding upon the members of the said corporation.

Sec. 5. And be it further enacted, That the corporation hereby created shall have power to sue and be sued in its corporate name; and to appear, prosecute, and defend, to final

judgment and execution, in all courts in the District of Colum"To have a seal. bia and elsewhere; to have and use a common seal, and the

same to break, alter, and renew, at will; to elect, according to. elect off:cers. their said constitution and by-laws, as the same may from time

to time exist, all such officers as they may deem necessary and

proper, and ascertain their duties and compensation; to make, To make by-laws, from time to time, by-laws and regulations (not inconsistent with

the laws of the United States in force in the District of Columbia) for their government, and for the due and orderly conducting of their affairs, and the management of their property, and to enforce the same by penalties not exceeding twenty dollars

for any one offence, to be recovered before a justice of the Proviso: not law. peace, in the same manner as other small debts are recov. ful, to deal

ered : Provided, That it shall not be lawful for the said corner of a bank, &c. poration to deal or trade in the manner of a bank, nor to issue

any note in the nature of a bank note.

Constitution of "the Society as it

wer to sue be sued.

ol trade in the man

S

Suits not to abate

to wind up its af

SEC. 6. And be it further enacted, That this charter shall Charte continue in force for the period of twenty years from the date to 20 years. of this act, and no longer, unless Congress shall by law prolongs its existence; but its expiration or dissolution shall not abate any its expiration. suit then pending by or against the said corporation; and three Allowed 3 years years thereafter shall be allowed, in which it may wind up its fairs. affairs, and in which its corporate name may be used for the recovery of all debts due to or by the said corporation : Provided, That Congress may at any time alter, repeal, or modify this act repeal this act. of incorporation.

Approved, July 27th, 1842.

Proviso: Conwowow, gress may alter or

CHAP. 106.-AN ACT in relation to marriages within the District of Columbia.

thorized to marry

[Sec. 1.] Be it enacted by the Senate eud House of Representatives of the United States of America in Congress assembled, That the ministers of the gospel, or clergy, who at Clergymen auany time may be legally authorized to unite persons in the persons in either bands of wedlock, or to join them together as man and wife, county, may do so either in the county of Washington or the county of Alexandria, shall be, and are hereby, authorized to do so in any place within the District of Columbia.

Approved, July 27th, 1842.

CHAP. 107.-AN ACT to provide for the permanent employment in the Post

Office Department of certain clerks heretofore for several years temporarily employed in that Department.

Post Office De

Arrears due sald

[SEĆ. 1.] 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, Additional clerks authorized to employ in the Post Office Department, a topo- authorized in the grapher, at a salary of sixteen hundred dollars; and eight addi- partment. tional clerks, whose annual compensation shall be as follows: three clerks at fourteen hundred dollars each, four clerks at one thousand two hundred dollars each, and one clerk at one thousand dollars.

Sec. 2. And be it further enacted, That the arrears of pay' Arre due to said clerks from the first day of January last, at the rates clerks from 1st aforesaid, and their regular salaries for the residue of the current paid, &c. year, be regularly paid to them by the proper officer of the Department, and for this purpose the sum of eleven thousand six hundred dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated.

Sec. 3. And be it further enacted, That eleven additional Certain clerks clerks heretofore temporarily employed in the office of the Audi- rarily employed tor for the Post Office Department under the provisions of the ine the acts of Congress of the third of March eighteen hundred and Post Office vethirty-seven and the seventh of July eighteen hundred and permanent,

January, last, to be

heretofore tempo

the auditor Oitne

partment, made

thirty-eight shall be permanently added to the force in that office, at the rates of compensation heretofore allowed for their services respectively and the sum of thirteen thousand two hundred dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the payment of their salaries for the year eighteen hundred and forty-two.

Approved, July 30th, 1842.

CHAP. 108.-AN ACT to regulate arrests on mesne process in the District of

Columbia.

Persons not to be held to bail in

on certain cases,

[Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress

assembled, That hereafter no person shall be held to bail in any civil suits, except civil suit in the District of Columbia, unless on affidavit, filed by affidavit, in

the plaintiff or his agent, stating in cases of debt or contract the
amount which he verily believes to be due, and that the
same has been contracted by fraud or false pretences, or through
a breach of trust, or that the defendant is concealing or has con-
cealed his property in the District or elsewhere, or is about to
remove the same from this District or the place of his resi-
dence, in order to evade the payment of the debt, or that, being ,
a resident of the District and domiciled therein, is about to ab-
scond without paying the debt, and with a view to avoid the
payment of the same, setting forth all the facts on which said
allegations of fraud or breach of trust are founded, and in all

cases setting forth the grounds, nature, and particulars of the Sufficiency of claim. The sufficiency of the affidavit to hold to bail, and the mount of bail, io amount of bail to be given, shall, upon application of the defenddetermined,

ant, be decided by the court in term time, and by any single In cases where judge in vacation. In all cases in which the affidavit required

by this act is not filed previously to issuing the writ, the defendsigned previously to issuing the wni. ant, upon its service, shall not be required to give bail, but

merely to sign an order to the clerk of the court to enter his appearance in the cause, which, if he refuses to do he may then be held to bail as in other cases.

Sec. 2. And be it further enacted, That any person now discharge of per- held to bail in a civil suit in the said District may apply to the sont now.held te Circuit Court of the said District in term time, or to any judge

thereof in vacation, for a rule to show cause why he shall not be dtscharged on filing a common appearance, and shall be so discharged unless the plaintiff or his agent shall file a sufficient affidavit, in conformity with the provisions of the preceding section, within a reasonable period of time, to be assigned by the court or the judge to whom the application is made.

Approved, August 1st, 1842.

be how.

the affidavit is not

Relative to the

CHAP. 109.-AN ACT to extend the provisions of an act entitled "An act

to regulate processes in the courts of the United States," passed the nineteenth May, one thousand eight hundred and twenty-eight.

Sec. 1.] Be it enacted by the Senate and House of Re. presentatives of the United States of America in Congress assembled, That the provisions of an act entitled, “ An act to Act 19th May, regulate processes in the courts of the United States," passed 1033 made appli the nineteenth day of May, one thousand eight hundred and sinee admitted intwenty-eight, shall be, and they are hereby, made applicable to ou such States as have been admitted into the Union since the date of said act.

Approved, August 1st, 1842.

to the Union..

CHAP. 110.-AN ACT granting to the county of Johnson, in the Territory of

Iowa, the right of pre-emption to a tract of land for a seat of justice for said county, and repealing the second section of an act approved the third day of March, eighteen hundred and thirty-nine, entitled “7. n act making a donation of land to the Territory of Iowa, for the purpose of erecting public buildings thereon.”

contained in act 26th May, 1824, in

relinquished.

[Sec. 1.] Be it enacted by the Senate and House of Re: presentatives of the United States of America in Congress assembled, That the right of pre-emption, at the minimum price Right of pure

W emption, at the for which the public lands are sold, is hereby granted to the minimum price, county of Johnson, in the Territory of Iowa, for the fractional land, on the terms northwest quarter, east of the river, of section number fifteen, in township seventy-nine, of range six, west of the principal meri- lieu of other land dian, as reported to the land offices at Dubuque, in said Territory, containing one hundred and seventeen acres and sixty-four one hundredths of an acre, more or less, on the same terms and conditions expressed in the act of the twenty-sixth day of May, eighteen hundred and twenty-four, entitled “An act granting to the counties and parishes of each State and Territory of the United States, in which the public lands are situated, the right of pre-emption to quarter sections of land for seats of justice within the same;" which said right of pre-emption is in lieu of that to the quarter section heretofore located by the commissioners of said county, which is relinquished...

Sec. 2. And be it further enacted, That so much of the so much of 24 second section of an act entitled “An act making a donation of March, 1839, as land to the Territory of Iowa, 'for the purpose of erecting public i buildings thereon," approved the third day of March, eighteen to those selected hundred and thirty-nine, as directed the contiguous sections to pealed. the section to be selected under said act, for the purpose aforesaid, to be reserved from sale or entry until the further action of Congress thereon, be, and the same is hereby, repealed : Pro- to the right of vided, That the right of pre-emption shall not accrue to any pred motion.com person or persons who now are or may hereafter settle on said lands under any existing pre-emption law.

Approved, August 1st, 1842.

directed the sections contiguous

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