THE LAWS OF THE UNITED STATES. PUBLIC ACTS OF THE TWENTY-NINTH CONGRESS OF THE UNITED STATES, Passed at the first Session, which was begun and held at the City of Washington, in the District of Columbia, on Monday, the 1st Day of December, 1845, and ended on the 10th Day of August, 1846. JAMES K. POLK, President; GEORGE M. DALLAS, Vice-President, and President of the Senate up to the 8th Day of August, 1846; DAVID R. ATCHISON, President of the Senate pro tempore on and after August 8th, 1846; JOHN W. DAVIS, Speaker of the House of Representatives. CHAPTER I. - An Act to extend the Laws of the United States over the Site of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the laws of the United States are hereby declared to extend to and over, and to have full force and effect within, the State of Texas, admitted at the present session of Congress into the Confederacy and Union of the United States. SEC. 2. And be it further enacted, That the said State of Texas shall constitute one judicial district, to be called the District of Texas, for which one judge shall be appointed, who shall reside therein, and who shall receive a salary of two thousand dollars per annum, and who shall hold the first term of said court at Galveston, on the first Monday of February next, and at such other times and places in said district as may be provided by law, or as said judge may order; and that said court shall have and exercise the same powers and jurisdiction as have been conferred by law on the District Courts of the United States; and, also, shall have and exercise the powers and jurisdiction of a Circuit Court of the United States; and appeals and writs of error shall lie from the decisions of said District and Circuit Courts for the District of Texas to the Supreme Court of the United States, in the same cases as from a Circuit Court of the United States to said Supreme Court, and under the same regulations. District attorney and marshal SEC. 3. And be it further enacted, That there shall be appointed in and for said district a person learned in the law, to act as attorney of to be appointed the United States for said district, and also a person to act as marshal VOL. IX. PUB. — 1 (1) of the United States for said district, each of whom shall receive an Salary and fees. annual salary of two hundred dollars, and also such compensation and fees for official services as have been or may be provided by law for United States district attorneys and marshals; and the judge of said Clerk to be ap- court shall appoint a clerk therefor, who shall receive like compensapointed. tion and fees as have been or may be allowed by law to clerks of the District and Circuit Courts of the United States. APPROVED, December 29, 1845. Dec. 31, 1845. CHAP. II. one Texas made collection veston the port of district and Gal entry. Ports of deliv ery. A collector to be appointed. - An Act to establish a Collection District in the State of Texas, 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 State of Texas shall be one collection district and the city of Galveston the only port of entry, to which shall be annexed Sabine, Velasco, Matagorda, Cavallo, La Vaca, and Corpus Christi, as ports of delivery only. SEC. 2. And be it further enacted, That a collector for the District of Texas aforesaid shall be appointed by the President, with the advice and consent of the Senate of the United States, who shall hold his office upon the terms and for the time prescribed by law for the like offices in other districts. The said collector shall reside at the Salary of col city of Galveston, and he shall be entitled to a salary not exceeding two thousand dollars, including in that sum the fees allowed by law; and the amount he shall collect in any one year for fees exceeding the said sum of two thousand dollars, shall be accounted for and paid into the treasury of the United States. lector. Surveyors to De appointed for each of the ports of delivery. SEC. 3. And be it further enacted, That a surveyor for each of the aforesaid ports of delivery, to wit, Sabine, Velasco, Matagorda, Cavallo, La Vaca, and Corpus Christi, shall be appointed by the President, with the consent of the Senate of the United States, who shall hold their offices respectively upon the terms and for the time prescribed by law for the like offices in other districts. The said surveyTheir salaries ors shall be entitled each to a salary not exceeding one thousand dollars, including in that sum the fees allowed by law; and the amount collected by any of said surveyors in any one year for fees, exceeding the said sum of one thousand dollars, shall be accounted for and paid into the treasury of the United States. APPROVED, December 31, 1845. and fees. CHAP. III.-An Act to repeal the Act which abolished the Office of one of the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the fourth section of an act, approved the twenty-third day of August, one thousand eight hundred and forty-two, entitled "An Act respecting the Organization of the Army, and for other Purposes," as directs that the office of one inspector-general of the army shall be abolished, and the inspector discharged, shall be, and the same is hereby, repealed; and all acts and parts of acts so repealed shall be, and the same hereby are revived and continued in force. APPROVED, January 12, 1846. CHAP. IV. - An Act to continue the Office of the Commissioner of Pensions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the authority given to continue the office of Commissioner of Pensions by the act of the twentieth of January, eighteen hundred and forty-three, entitled "An Act to continue the Office of Commissioner of Pensions," be extended to the fourth of March, eighteen hundred and forty-nine, and no longer. APPROVED, January 14, 1846. Feb. 6, 1846. Post routes established. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be and is p. 16. hereby established a post route from New Orleans, in the State of Louisiana, along the Gulf coast to Galveston, thence to Velasco, to Matagorda, to Pass Aransas, and to Corpus Christi, in Texas, by land or water, as the Postmaster-General may deem expedient; that a post route be also established from Galveston, via the city of Houston, San Felipe de Austin, Lagrange, and Bastrop, to Austin. Also, the following routes: from Fulton, in the State of Arkansas, via Boston, Clarksville, Bonham, and Falls of the Brazos, to Austin; from Natchitoches, via Sabine Town, Nacogdoches, Crockett, Washington, to Lagrange; from Shreveport, in the State of Louisiana, via Pulaski, to Nacogdoches; from Velasco, via Brasoria, Texana, Victoria, and Goliad, to San Antonio de Bexar; from the city of Houston to Robin's Ferry; from Austin to San Antonio de Bexar; and that it shall be the duty of the Postmaster-General to contract for conveying a mail on said routes as soon as can conveniently be done after the passage of this act. APPROVED, February 6, 1846. PostmasterGeneral to conthe mail on said tract for carrying routes. CHAP. VII. An Act relative to Collectors and other Officers of the Customs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That collectors and all other officers of the customs, serving for a less period than a year, shall not be paid for the entire year, but shall be allowed in no case a greater than a pro rata of the maximum compensation of said officers respectively for the time only which they actually serve as such collectors or officers, whether the same be under one or more appointments, or before or after confirmation. And no collector or other officer shall, in any case, receive for his services, either as fees, salary, fines, penalties, forfeitures, or otherwise, for the time he may be in service, beyond the maximum pro rata rate provided by law. SEC. 2. And be it further enacted, That all accounts for salary, compensation, and emoluments shall be rendered quarterly, at the end of each quarter of the fiscal year. SEC. 3. And be it further enacted, That no portion of the additional duties provided by the seventeenth section of the act of August thirtieth, eighteen hundred and forty-two, entitled "An Act to provide Revenue from Imports, and to change and modify existing Laws imposing Duties on Imports, and for other Purposes," shall be deemed a fine, penalty, or forfeiture, for the purpose of being distributed to any Repeal of in consistent acts. officer of the customs; but the whole amount thereof, when received, shall be paid directly into the treasury. SEC. 4. And be it further enacted, That all acts and parts of acts inconsistent with this act are hereby repealed. APPROVED, February 11, 1846. Feb. 20, 1846. Supplementary act, 1846. ch. 97, post, p. 71. Orphans' Courts of the District of Columbia authorguardians to infant orphans, in ized to appoint certain cases. May require of guardians bond and security, unless otherwise directed by will. May compel fathers of infant children who may be entitled to property to give bond and security, and in case of fail ure, may appoint special guardians. CHAP. VIII.-An Act to enlarge the Powers of the several Orphans' Courts held in and for the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the several Orphans' Courts held in and for the District of Columbia be, and they are hereby, authorized and empowered to appoint a guardian or guardians to any and every infant orphan who may now or hereafter be entitled or have right or claim to any property, real, personal, or mixed, within, or whose person and residence may be within, the jurisdiction of said court, except when said orphan may have a testamentary guardian; and shall require of said guardians so appointed, and of testamentary guardians, unless directed otherwise by the will appointing them, bond, with good and sufficient surety, as now required by law. And when any infant, whose father may be living, shall, by gift or otherwise, be entitled to any property separate from the father, it shall and may be lawful for said courts to compel the father, as natural guardian, to give bond and security to account for said property, and to compel him to account, as guardians in other cases; and if he shall fail or refuse to give such bond, or at his request, said courts shall have power to appoint a special guardian to take charge of said property, who shall give bond and security as in other cases, but with condition to suit the case. Such guardian SEC. 2. And be it further enacted, That in all cases where any of to give additional said courts have heretofore appointed, or may hereafter appoint, a security, if neces- guardian or guardians, or taken bond, or may hereafter take bond, Bary, and upon failure to do so, from any guardian or guardians, and shall at any time have good cause may be dismissed. to believe that the interest of the ward or wards may require it, said court shall have power and authority to compel said guardian or Said courts to guardians to give additional other or further security, in such time as have power to enforce a compli said court may direct; and upon his failure to comply with the order ance with such of court directing such security, said court shall have power and orders; or may order their mar- authority, and it shall be their duty, to dismiss said guardian from shal to take pos- office, and appoint another in his stead, and order the estate of the session of and de- ward to be forthwith delivered to the newly-appointed guardian, and shall have power, by fine and imprisonment, or any legal process, to compel and enforce a compliance with such order, or may, where it can be so done, order their marshal to take possession of and deliver the property: Provided, however, That no order shall be made directing a guardian to give new security, until he shall have been duly or summoned to show cause against, or have had ten days' notice, in notice required. writing, of the intended application. liver the property. Summons SEC. 3. And be it further enacted, That, in all cases where any of said courts have heretofore appointed, or may hereafter appoint, an administrator or administrators, or have taken or may take bond from any executor or executors, to any last will and testament, and shall at Said courts may order and require any time become satisfied that the security is insufficient, by reason of administrators, or the removal or insolvency of the sureties in the bond, or any of them, executors, to give or by reason of the penalty of the bond being too small, or from any further security in certain cases. other cause whatever, it shall and may be lawful for the said court to order and require the said administrator or administrators, executor or executors, to give additional other or further security, and to remove such administrator or administrators, executor or executors, if they shall fail or refuse to comply with such order, and appoint an adminisIn case of failure to comply trator or administrators in his or their stead, and shall further have with such order, power to order and require any assets or estate of the decedent, may appoint othwhich may remain unadministered, to be delivered to said newlyappointed administrator or administrators de bonis non, and to enforce a compliance with such order by fine and attachment, or any other legal process: Provided, however, That said administrator or administrators, executor or executors, shall first be summoned to show cause notice required. against such orders, or have ten days' notice, in writing, of the intended application. Scc. 4. And be it further enacted, That the powers herein granted to said courts, by the foregoing sections of this act, may be exercised by said courts, ex officio, or on the application of any one interested. SEC. 5. And be it further enacted, That this act shall be in force from and after its passage. APPROVED, February 20, 1846. er administrator or administrators instead. Summons or How foregoing powers may be executed Act to be in force from its passage. CHAP. X.- An Act to repeal the Act requiring one of the Judges of the Circuit March 24, 1846. Court for the District of Columbia hereafter to reside in Alexandria. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An Act requiring one of the Judges of the Circuit Court of the District of Columbia hereafter to reside in Alexandria," approved the fourth day of April, eighteen hundred and forty-four, be and the same is hereby repealed. APPROVED, March 24, 1846. Act of 1844, ch. 10, requiring one of the judges to reside in Alexandria, repeal ed. CHAP. X1.--An Act to authorize the Secretary of the Navy to contract for the March 30, 1846. Purchase of nerican water-rotted Hemp for the Use of the Navy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be and he is hereby authorized to enter into contract, for a period not exceeding three years, for the purchase of American water-rotted hemp for the use of the navy. APPROVED, March 30, 1846. Secretary of the Navy to contract for Ameri hemp. can water-rotted CHAP. XIII - An Act making Appropriations for the Payment of Revolutionary and other Pensions of the United States for the Year ending the thirtieth June, one thousand eight hundred and forty-seven, 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 following sums be and the same are hereby appropriated, out of any money in the treasury not otherwise appropriated, for the payment of pensions for the year ending the thirtieth of June, one thousand eight hundred and forty-seven: May 7, 1846. Appropriation. Revolutionary For revolutionary pensions under the act of eighteenth March, one thousand eight hundred and eighteen, one hundred and sixty-six pensions. thousand dollars. 1818, ch. 19. For invalid pensions under various acts, two hundred and twenty Invalid pensions thousand dollars |