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ACTS OF THE TWENTY-EIGHTH CONGRESS

OF THE

UNITED STATES,

Passed at the second session, which was begun and held at the City of Washington, in the district of Columbia, on Monday, the 2d day of December, 1844, and ended the 3d day of March, 1845.

JOHN TYLER, President of the United States. WILLIE P. MANGUM, President of the Senate, pro tempore. JOHN W. JONES, Speaker of the House of Representatives.

STATUTE II.

CHAP. I.-An Act to establish a uniform time for holding elections for electors of
President and Vice President in all the States of the Union.(a)

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the electors of Presi-
dent and Vice President shall be appointed in each State on the Tues-
day next after the first Monday in the month of November of the year
in which they are to be appointed: Provided, That each State may by
law provide for the filling of any vacancy or vacancies which may occur
in its college of electors when such college meets to give its electoral
vote: And provided, also, when any State shall have held an election
for the purpose of choosing electors, and shall fail to make a choice on
the day aforesaid, then the electors may be appointed on a subsequent
day in such manner as the State shall by law provide.
APPROVED, January 23, 1845.

CHAP. II.-An Act to correct a clerical error in the act supplementary to an act to regulate arrests on mesne process in the District of Columbia, and to amend the title thereof.

Jan. 23, 1845.

Election day

fixed.

Vacancies.

In case of no election.

STATUTE II. Feb. 4, 1845.

Correction of

the error.
Act of June

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 supplementary to an act entitled 'An act to regulate arrests on mesne process in the District of Columbia,' approved June seven- 17, 1844, ch. teenth, eighteen hundred and forty-four, be corrected, so as to insert, between the words "and" and "in," in the sixth line, the words "in cases where the principal of the debt exceeds that amount, no person shall be imprisoned as aforesaid, except."

100.

SEC. 2. And be it further enacted, That the title of the said act be Title amended. amended by adding the words: "and to abolish imprisonment for debt

in the District of Columbia, except in cases of fraud."

SEC. 3. And be it further enacted, That nothing in the said act pass

(a) Election of President and Vice President of the United States:

Constitution of the United States, art. 2, sec. 1, vol. 1, 15, 16. Twelfth amendment to the constitution of the United States, vol. 1, 22.

An act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President in case of vacancies in the office of both President and Vice Presi dent; March 1, 1792, chap. 8.

An act supplementary to the act entitled "An act relative to the election of a President and Vice Pre sident of the United States, and declaring the officer who shall act as President, in case of vacancies in the office of both President and Vice President; March 26, 1804, chap. 50. 3L

VOL. V.-91

(721)

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STATUTE II.

Feb. 13, 1845. 1845, ch. 19.

Act of March 3, 1823, ch. 44, repealed.

Actions or suits pending,

&c. to be transferred to Dist. Court at New Orleans.

1815, ch. 19.

One term to be held annually for the business of the western district.

STATUTE II. Feb. 20, 1845.

ed the seventeenth of June, one thousand eight hundred and forty-four, or in this act, shall be so construed as to extend to any suit or action brought by the corporate authorities of either of the cities of the said District to recover a penalty imposed by any ordinance or by law of such corporation for an infraction of its by-laws and ordinances.

APPROVED, February 4, 1845.

CHAP. IV. - An Act confirming and assenting to an act of the Legislature of Virginia, entitled "An act further to amend the act incorporating the Chesapeake and Ohio Canal Company."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of the Legislature of Virginia, entitled "An act further to amend the act incorporating the Chesapeake and Ohio Canal Company," which was passed on the twentieth day of January, in the year one thousand eight hundred and forty-four, be, and the same is hereby, ratified, confirmed, and assented to: Provided, That this assent and confirmation shall not be so construed as to bind the United States beyond their interest in the stock in said company, nor as either affirming or denying the validity of the rights or liens of the State of Maryland referred to in the third section of the said act of Virginia: Provided, also, That nothing herein contained shall be held or construed to impair the rights of any individual or corporation derived from the original act of incorporation of the said Chesapeake and Ohio Canal Company.

APPROVED, February 7, 1845.

CHAP. V. - An Act to repeal "An act for the better organization of the district court of the United States within the State of Louisiana," and for other purposes. (a)

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 for the better organization of the district court of the United States within the State of Louisiana," approved on the third of March, one thousand eight hundred and twenty-three, be, and the same is hereby, repealed.

SEC. 2. And be it further enacted, That all criminal actions or civil suits which have arisen in the district court of the United States for the western district of the State of Louisiana, and which are now pending therein, together with all process, writs, recognizances, and records, belonging thereto, shall be transferred to New Orleans, and there disposed of by the district court of the United States for the eastern district of Louisiana, as suits are disposed of originating in the eastern district of said State.

SEC. 3. And be it further enacted, That the district court of the United States for the State of Louisiana shall hold one term of said court in each and every year, in the city of New Orleans, which shall commence on the first Monday of January, and continue unless the business shall be disposed of, for the trial of all criminal actions and civil suits which have arisen, or which may hereafter arise, within the present limits of the said western district of the State of Louisiana. APPROVED, February 13, 1845.

CHAP. XIII. An Act for the purchase of certain copies of the History of Oregon,
California, and the other Territories on the Northwest coast of America.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
(a) Notes of the acts relating to the District Court of Louisiana, vol. 3, 774.

of State be, and he hereby is, authorized to purchase from Robert Greenhow one thousand five hundred copies of the History of Oregon, California, and the other Territories on the northwest coast of America, published by him: Provided, That the said copies be furnished at a rate not exceeding two dollars per copy.

Purchase of

1500 copies authorized.

SEC. 2. And be it further enacted, That the sum of three thousand Appropriation dollars, or so much thereof as may be necessary for the purchase of therefor. said books, be, and the same hereby is appropriated, out of any moneys in the Treasury not otherwise appropriated.

Distribution

SEC. 3. And be it further enacted, That from the said copies, so purchased, one shall be furnished to the President and one to the Vice thereof. President of the United States; one to the attorney general, and one to each of the heads of the departments; one to each of the judges of the Supreme Court of the United States; one to each member of the present Congress; one to the Governor and one to the Secretary of State of each State and Territory in the Union; and that twenty copies shall be deposited in the library of Congress, twenty copies in the office of the Secretary of the Senate, and thirty copies in the library of the House of Representatives; and that the Secretary of State be, and he is hereby, authorized to distribute copies of said work to ministers and diplomatic agents of this government, and of such foreign governments as are in the habit of furnishing to this government works published by them; and to universities, colleges and literary institutions now entitled to receive congressional documents printed by order of either House, allowing one copy to each; and the remaining copies, if any, to be kept by the Secretary of State, in his department, subject to the order of Congress.

APPROVED, February 20, 1845.

CHAP. XIV. - An Act making appropriations for the payment of revolutionary and other pensioners of the United States, for the year ending the thirtieth June, eighteen hundred and forty-six.

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 June, eighteen hundred and forty-six :

For revolutionary pensions under the act of eighteenth March, eighteen hundred and eighteen, one hundred and eighty-six thousand two hundred dollars;

For invalid pensions under various laws, one hundred and eighty-four thousand eight hundred dollars;

For pensions to widows and orphans under the act of fourth July, eighteen hundred and thirty-six, two hundred and twenty thousand five hundred dollars;

For pensions to widows under the act of seventh July, eighteen hundred and thirty-eight and the supplementary act of twenty-third August, eighteen hundred and forty-two, one hundred and eighty thousand dollars;

For pensions to widows under the act of third March, eighteen hundred and forty-three, eighty thousand dollars;

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For pensions to widows under the act of seventeenth June, eighteen 1844, ch. 102. hundred and forty-four, one million and ninety-six thousand dollars-a part of which sum may be applied to the payment of pensions allowed under said act in the year ending on the thirtieth June eighteen hundred and forty-five;

For half pay pensions to widows and orphans, payable through the Auditor's office, one thousand five hundred dollars;

Arrearages. 1817, ch. 60. 1820, ch. 53.

Deficiencies

for year ending 30th June 1845.

1836, ch. 362.

1838, ch. 189.

1842, ch. 191.

1843, ch. 102.

STATUTE II.

Feb. 20, 1845.

sions limited.

For arrearages provided for by acts of third March, eighteen hundred and seventeen, and second [first] May, eighteen hundred and twenty, payable through the accounting offices, one thousand dollars.

SEC. 2. Be it further enacted, That the following sums be, and the same are hereby appropriated, to supply deficiencies in the appropriations made for the payment of pensions during the fiscal year ending on the thirtieth June, eighteen hundred and forty-five, under the following heads, viz:

For pensions under the act of July fourth, eighteen hundred and thirty-six, seventy-six thousand dollars;

For widows' pensions under acts of July seventh, eighteen hundred and thirty-eight, and August twenty-third, eighteen hundred and fortytwo, two hundred thousand dollars;

For widows' pensions under the act of March third, eighteen hundred and forty-three, twenty-nine thousand dollars. APPROVED, February 20, 1845.

CHAP. XV.—An Act restricting the grant of pensions in certain cases. Be it enacted by the Senate and House of Representatives of the Widows' pen- United States of America in Congress assembled, That from and after the passage of this act a pension shall not be granted to any widow for or during any part or portion of the time her husband may have received one, whose declaration therefor shall not have been made on or before the thirtieth day of April one thousand eight hundred and fortyfour, and shall not have been received at the pension office on or before the twenty-third day of January, one thousand eight hundred and fortyfive.

STATUTE II.

Feb. 20, 1845.

the titles are

confirmed.

1823, ch. 16.

List of lots to be furnished to

APPROVED, February 20, 1845.

CHAP. XVI. — An Act to quiet the titles to certain lots of land in the towns of
Perrysburg and Croghansville, in the State of Ohio.

Be it enacted by the Senate and House of Representatives of the Lots of which United States of America in Congress assembled, That all titles to town lots and out lots in the towns of Perrysburg and Croghansville, in the State of Ohio, derived from said State under color of the grant made to said State by virtue of the act of Congress entitled "An act for laying out and making a road from the lower rapids of the Miami of Lake Erie to the western boundary of the Connecticut western reserve, in the State of Ohio, agreeably to the provisions of the treaty of Brownstown," approved the twenty-eighth of February, one thousand eight hundred and twenty-three, be, and the same are hereby, recognised as valid and confirmed, in the same manner as though the title to said lots had been vested in the State under the aforesaid act: Provided, That the autho rities of the said State shall, within one year from and after the passage of this act, furnish the Commissioner of the General Land Office with a certified list of all lots heretofore sold and disposed of under color of the above recited act: And provided, also, That all the confirmations intended by this act shall amount only to a relinquishment forever, on the part of the United States, of all their right and title whatever to the lots of land so confirmed: And provided, further, That nothing in this act contained shall be construed to comprehend within the provisions thereof such town lots and out lots, or other tract or tracts of land, as may have been reserved, or directed to be reserved, within the limits of either of said towns of Perrysburg or Croghansville, for the support of schools within the same, in and by the third section of the act entitled "An act providing for the sale of the tract of land at the lower rapids of Sandusky river," or in and by any provision contained in the act en

General Land
Office.

Confirmations

only a relinquishment of the right of the United States. Lands not com prehended in

this act.

Act of April 26, 1816, ch. 102.

Act of April

132.

Payments due the U. S. and

titled "An act providing for the sale of the tract of land at the British fort of the Miami of the Lake, at the foot of the rapids, and for other 27, 1816, ch. purposes." But all such town lots and out lots, or other tract or tracts of land, reserved, or directed to be reserved, as aforesaid, shall be holden subject to the uses and trusts in said acts, and in other acts relating to such reserves, designated or intended. But nothing contained in this act shall prevent the original purchasers of the lots or lands within the limits of the said towns of Perrysburg and Croghansville, and not relinquished to the United States, from paying to the State of Ohio or the General Government for the use of said road or the United States the money with the interest remaining due thereon, on all such lots and lands as may not have heretofore been disposed of by the authorities of the said State for the benefit of said road.

APPROVED, February 20, 1845.

CHAP. XVII. An Act to amend the act entitled "An act to provide for the enlistment of boys for the naval service, and to extend the term of enlistment of

seamen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the passage of this act, the provisions of the second and third sections of the act entited "An act to provide for the enlistment of boys for the naval service, and to extend the term of the enlistment of seamen," approved March second, one thousand eight hundred and thirty-seven, which authorize and provide for the detention of any person enlisted for the navy, after the expiration of the enlistment, until the return of such person to the United States, shall be understood and construed to authorize and provide for the detention of such person until the arrival of the vessel in which he shall be so detained at a port of the United States, and until he shall have received his regular discharge by order of the Secretary of the Navy: Provided, That such detention shall not exceed the term of thirty days from the time of the arrival of the said vessel in a port of the United States.

SEC. 2. And be it further enacted, That the commanding officer of any vessel, squadron or fleet of the navy of the United States, when upon the high seas or in any foreign port where there is no resident consul of the United States, shall be and is hereby authorized and empowered to exercise all the powers of a consul in relation to mariners of the United States.

APPROVED, February 20, 1845.

Ohio not affect

ed.

STATUTE II.

Feb. 20, 1845.

Seamen to be

detained under 2d and 3d secs. act of 2d March 1837, ch.21, until arrival of vessel in U. S., and until disch'd.

Proviso.

Naval officers clothed with powers of consuls in certain cases.

STATUTE II.

CHAP. XVIII.-An Act to organize a new land district in the southern part of the Feb. 20, 1845. State of Arkansas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the section of country in the southern part of the State of Arkansas, south of the base line, and east of the meridian, comprised within the following boundaries, to wit between the line dividing ranges five and six on the east, the line dividing ranges twenty and twenty-one on the west, the dividing line between townships ten and eleven on the north, and the State line on the South, be made to form a separate district, to be called the Champagnole district, the seat of the land office for which shall be at the town of Champagnole, and be subject to removal by the President of the United States, whenever, in his judgment, it may be proper so to do.

SEC. 2. And be it further enacted, That there shall be a register and receiver of public moneys appointed for said land district, who shall

Champagnole land district

established.

Office to be in

Champagnole.

Register and receiver to be appointed, &c.

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