. other treaties of the United States with some other foreign powers; and whereas no jurisdiction is given by law to any courts or magistrates in the United States to carry into effect the said provisions; for the remedy thereof - Jurisdiction of District and Circuit Courts of U. S. and of commissioners, on the application of foreign consuls, re Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the District and Circuit Courts of the United States, and the commissioners who now are, or shall be hereafter, appointed by the Circuit Courts of the United States to take acknowledgments of bail and affidavits, and also to take depositions of witnesses in civil causes, and to exercise the powers of any justice of the peace in respect to offenders for any crime or offence against the United States, by arresting, imprisoning, or bailing, the same, under and in virtue of the laws of the United States, shall have full power, authority, and jurisdiction, upon the application or petition of the said consuls, vice-consuls, or commercial agents, requiring their assistance to carry into effect the award, or arbitration, or decree, of any such consuls, vice-consuls, or commercial agents, in the premises, according to the true intent and meaning of such award and arbitration, or decree; and for this purpose shall have full authority to issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto, by imprisonment in the common jail or other place of imprisonment in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration, or decree, shall be complied with, or the parties shall be otherwise discharged therefrom, by the consent, in writing, of such consuls, vice-consuls, or commercial agents, or their successors in office, or by the authority of the foreign government by which such consuls, vice-consuls, or commercial agents, are appointed: Provided, however, That the expenses of the said imprisonment, if any, and the maintenance of the prisoners, and the costs of the proceedings, shall be borne by such foreign government, or by its consuls, vice-consuls, or commercial agents, requiring such imprisonment. And the marshals of the United States and their deputies shall have full authority, and shall be bound, to serve all such serve process. process, and do all other acts necessary and proper to carry into full effect all and singular the premises under the authority of the said courts, or of the said commissioners. APPROVED, August 8, 1846. Expenses to be borne by said consuls, &c. Marshals to CHAP. CVI. An Act to equalize the Compensation of the Surveyors-General of the public Lands of the United States, and for other Purposes. Aug. 8, 1846. Compensation of surveyors-general of Wisconsin and Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the thirtieth day of June, eighteen hundred and forty-six, the surveyor-general of Wisconsin and Iowa, and the surveyor-general of Arkansas, shall each receive the same annual salary as the other surveyors-general of the public lands of the United States; and each of said surveyors-general shall be allowed the same amount for clerk hire in their respective offices as is now allowed by law for the office lowed. of the surveyor-general north-west of the Ohio. SEC. 2. And be it further enacted, That the surveyors-general of the public lands of the United States, in addition to the oath now authorized by law to be administered to deputies on their appointment to office, shall require each of their deputies, on the return of his surveys, to take and subscribe an oath or affirmation that those sur Clerk hire al Deputies make oath. to surveys. veys have been faithfully and correctly executed, according to law and Penalty for the instructions of the surveyor-general; and, on satisfactory evidence swearing to false being presented to any court of competent jurisdiction that such surveys, or any part thereof, had not been thus executed, the deputy making such false oath or affirmation shall be deemed guilty of perjury, and shall suffer all the pains and penalties attached to that of fence; and the district attorney of the United States for the time being, in whose district any such false, erroneous, or fraudulent surveys shall have been executed, shall, upon the application of the proper surveyorgeneral, immediately institute suit upon the bond of such deputy; and the institution of such suit shall act as a lien upon any property owned or held by such deputy, or his sureties, at the time such suit was instituted. Bond to be sued. Suit to be a lien on property. APPROVED, August 8, 1846. CHAP. CVII.-An Act making Copies of Papers certified by the Secretary of the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That extracts from the Journals of the Senate or of the House of Representatives, and of the Executive Journal of the Senate, when the injunction of secrecy is removed, duly certified by the secretary of the Senate or by the clerk of the House of Representatives, shall be admitted as evidence in the several courts of the United States, and shall have the same force and effect as the originals thereof would have if produced in court and proved. SEC. 2. And be it further enacted, That for all such copies, certified as aforesaid, the secretary of the Senate and clerk of the House of Representatives shall be entitled to the same fees as are now allowed by law, for similar services, to the Secretary of State. APPROVED, August 8, 1846. Aug. 8, 1846. [Obsolete.] eral upon claims. CHAP. CVIII.-An Act to carry into Effect the Convention between the United States and the Republic of Peru, concluded at Lima, the seventeenth Day of March, eighteen hundred and forty-one. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the AtAttorney-Genauthorized torney-General of the United States shall be, and is, hereby, authorto adjudicate ized and empowered to adjudicate the claims arising under the convention concluded between the United States and the Republic of Peru, at Lima, the seventeenth March, eighteen hundred and fortyone, and shall, within the space of twelve months from and after the passing of this act, receive, examine, and decide upon the amount and validity of all such claims as may be presented to him, and as are provided for by the said convention, according to the merits of the several cases, and the principles of justice, equity, and the law of nations, and the stipulations of the said convention. And the AttorneyClerk to be General shall be, and is hereby, authorized and empowered to appoint employed. the clerk of the Attorney-General's office, or any other person, to act as clerk under him in the performance of the duties prescribed by this act; and the Attorney-General and the said clerk shall, before entering on such duties, severally take an oath for their faithful performance. Oath. To adopt rules. SEC. 2. And be it further enacted, That the Attorney-General shall be, and he is hereby, authorized and empowered to make all needful rules and regulations, not contravening the laws of the land, the provisions of this act, or the provisions of the said convention, for carrying the said convention and this act into effect. The necessary records to be de livered to Attorney-General. Publication of SEC. 3. And be it further enacted, That all records, documents, or other papers, which now are in, or hereafter may come into, the possession of the Department of State, in relation to the said claims, shall be delivered to the Attorney-General, who shall forthwith, after the passing of this act, proceed to execute the duties hereby confided to him, and shall give notice in one or more of the newspapers published in the city of Washington, and in such other newspapers pub- appointment. lished elsewhere as he may deem necessary, of his appointment to adjudicate the said claims, and requiring the claimants to present their claims and evidence; and shall thereafter proceed, with all convenient despatch, to arrange and docket the several claims, and to docketed. consider the evidence which shall have been or may be offered by the respective claimants, allowing such further time for the production of additional evidence as he shall consider reasonable and just; and shall thereafter adjudicate and determine the said claims, and award the ratable proportions of the several claimants in the sums which may have been received, and which may be hereafter received, by the United States from the Republic of Peru, under the stipulations of the convention aforesaid. SEC. 4. And be it further enacted, That the compensation of the Attorney-General and his clerk, for their services in the adjudication of the said claims, and carrying the said convention and this act into effect, shall be as follows, and no more, to wit, two thousand dollars for the Attorney-General, and one thousand dollars for his clerk, payable out of the first funds received under the said convention. Claims to be Award. Compensation. Report awards. of Dividend. SEC. 5. And be it further enacted, That the Attorney-General shall. report to the Secretary of State a list of the several awards made by him, a certified copy of which shall be transmitted by the said Secretary of State to the Secretary of the Treasury, who shall, from time to time, as they may be received, distribute, in ratable proportions, among the persons in whose favor the awards shall have been made, such sums of money' or securities as may have been received into the treasury in virtue of the said convention and this act, according to the proportion which their respective awards shall bear to the whole amount received, first deducting such sums of money as may be due to the United States from said persons in whose favor said awards shall be made. And the said Secretary of the Treasury shall cause certificates to be issued, in such form as he shall prescribe, showing the proportion to which each claimant may be entitled of the amount to be received; and on the presentation of the said certificates at the treasury, as the net proceeds of the several instalments may be re- paid. ceived, such proportions thereof shall be paid to the legal holders of said certificates. Secretary of Treasury to issue certificates. When to be Instalments received. SEC. 6. And be it further enacted, That the Secretary of the Treasury shall cause the several instalments, with the interest thereon, pay- from Peru to be able to the United States in virtue of the said convention, or the securities therefor, to be received from the Republic of Peru, and transferred to the United States, in such manner as he may deem best; and the net proceeds thereof to be paid into the treasury, and the same are hereby appropriated to pay the awards herein provided for. SEC. 7. And be it further enacted, That, as soon as the duties hereby prescribed are completed by the Attorney-General, the records, documents, and all other papers relating to the said claims, in his possession, shall be deposited in the office of the Secretary of State. Records to be deposited in the Depart State ment. Aug 8, 1816. CHAP. CIX. An Act to establish an additional Land District in Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the sale Additional land of the public lands in the Territory of Iowa, an additional land district is hereby created, comprising all the lands lying between the line dividing townships seventy-five and seventy-six north, and the line dividing townships eighty-three and eighty-four north, which shall be called the Iowa District. district in Iowa established. Register and receiver to be appointed. Compensation and duties. Lands in that district to be ex posed to sale. Site of land office. SEC. 2. And be it further enacted, That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, a register and a receiver of the public moneys for the said district, who shall respectively be required to reside at the site of said office, and who shall have the same powers, perform the same duties, and be entitled to the same compensation, as are or may be prescribed by law in relation to other land offices of the United States. SEC. 3. And be it further enacted, That the President is authorized to cause the public lands in the said district, with the exemption of sections numbered sixteen in each township, reserved for the use of schools, or such other lands as may be selected by law in lieu thereof, and of such other tracts as he may select for military or other purposes, to be exposed to sale in the same manner and upon the same terms and conditions as the other public lands of the United States. SEC. 4. And be it further enacted, That the President is hereby authorized to designate the site at which the said office shall be established, and to remove the same to any other place within said district, whenever, in his opinion, it may be deemed expedient. APPROVED, August 8, 1846. Aug. 8, 1816. 1844, ch. 3. CHAP. CX.-An Act to amend the Act approved second April, eighteen hundred and forty-four, entitled “An[Act] directing the Disposition of certain unclaimed Goods, Wares, or Merchandise, scized for being illegally imported into the United States.' Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proDisposition of visions of the act entitled "An Act directing the Disposition of certain certain unclaim unclaimed Goods, Wares, or Merchandise, seized for being illegally ed goods illegally imported. imported into the United States," approved April second, eighteen hundred and forty-four, shall apply to all property of the appraised value of one hundred dollars or less, any thing contained in any other act to the contrary notwithstanding. 1844, ch. 8. APPROVED, August 8, 1846. CHAP. CLXIX. - An Act to enable the Secretary of the Navy to purchase the Right of using Mix's patent Manger-Stopper. 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 purchase of Mrs. Ann Mix, widow of M. P. Mix, late master commandant in the navy, the unlimited power to use a machine called a "mangerstopper," in all ships of war or other vessels belonging to the United States: Provided, An assignment thereof can be obtained at a cost not exceeding three thousand dollars, which sum is hereby appropriated, to be paid out of any money in the treasury not otherwise ap propriated. APPROVED, August 8, 1846. CHAP. CLXX. - An Act to grant a certain Quantity of Land to aid in the Improvement of the Fox and Wisconsin Rivers, and to connect the same by a Canal, in the Territory of Wisconsin. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, granted to the State of Wisconsin, on the admission of such State into the Union, for the purpose of improving the navigation of the Fox and Wisconsin Rivers, in the Territory of Wisconsin, and of constructing the canal to unite the said rivers, at or near the portage, a quantity of land, equal to one half of three sections in width, on each side of the said Fox River, and the lakes through which it passes, from its mouth to the point where the portage canal shall enter the same, and on each side of said canal from one stream to the other, reserving the alternate sections to the United States, to be selected under the direction of the governor of said State, and such selection to be approved by the President of the United States. The said rivers, when improved, and the said canal, when finished, shall be and forever remain a public highway for the use of the government of the United States, free from any toll or other charge whatever for the transportation of the mails, or for any property of the United States, or persons in their service passing upon or along the same: Provided, The said alternate sections, reserved to the United States, shall not be sold at a less rate than two dollars and fifty cents the acre: Provided, also, That no preemptive claim to the lands so reserved shall give the occupant, or any other person claiming through or under him, a right to said lands at any price less than the price fixed in this act, at the time of the settlement ou said lands. Lands to become the property of Wisconsin. The price of the land to be not less than $1.23 per acre. Limitation on SEC. 2. And be it further enacted, That as soon as the Territory of Wisconsin shall be admitted as a State into the Union, all the lands granted by this act shall be and become the property of said State for the purpose contemplated in this act, and no other: Provided, That the Legislature of said State shall agree to accept said grant upon the terms specified in this act; and shall have power to fix the price at which said lands shall be sold, not less than one dollar and twenty-five cents the acre; and to adopt such kind and plan of improvement on said route as the said Legislature shall from time to time determine for the best interest of said State. Provided also, That the lands hereby granted shall not be conveyed or disposed of by said State, except as quantities to be said improvements shall progress: that is, the said State may sell so much of said lands as shall produce the sum of twenty thousand dollars, and then the sales shall cease until the governor of said State shall certify the fact to the President of the United States, that one half of said sum has been expended upon said improvements, when the said State may sell and dispose of a quantity of said lands sufficient to reimburse the amount expended; and thus the sales shall progress as the proceeds thereof shall be expended, and the fact of such expenditure certified in the manner herein mentioned. SEC. 3. And be it further enacted, That the said improvement shall be commenced within three years after the said State shall be admitted into the Union, and completed within twenty years, or the United States shall be entitled to receive the amount for which any of said lands may have been sold by said State: Provided, That the title of purchasers under the sales made by the State in pursuance of this act shall be valid. APPROVED, August 8, 1846. sold. Title of pur chasers under this act shall be valid. |