1

1838.

count of A. Lan

amine the account of Abraham Lansing for services performed as assistant, in the naval recruiting service at Boston, and for Sec. Navy to services as master's mate at the same station; and, if the said examine the acLansing performed said services, the same shall be paid, as is sing for certain allowed for like services, out of any money not otherwise ap- he performed propriated, notwithstanding the certificate of Commodore Bainbridge to said account was not given before his decease.

Approved, March 7th, 1838.

CHAP. 29. An ACT for the relief of Sarah Murphy.

services, and if said services, the

same shall be

paid, as is allowed for like services.

to S. Murphy $8)

Arch-street pri

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury pay to Sarah Sec. Treas. pay Murphy, out of any money in the Treasury not otherwise ap-for whitewashing propriated, eighty dollars, for services performed in whitewash- and cleansing ing and cleansing the Arch-street prison in Philadelphia, in the son in Phila. in year eighteen hundred and fifteen, after the same had been used and occupied by the United States as a hospital and as a depot for the British prisoners, and as barracks for a company under the command of Captain Patterson.

Approved, March 7th, 1838.

CHAP. 30. An ACT for the relief of John Krepps.

1815.

Sec. Treas.

cause J. Krepps to be credited on

Treasy, with

suit has been in

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be authorized, and he is hereby required, to cause a credit to be entered in favor of John Krepps on the books of the Treasury, for the the books of the sum of two thousand and forty-nine dollars and fifteen cents, 82019.15. And if erroneously charged to John Krepps for an alleged deficiency stituted to recoto that amount of work done by him as contractor on the Cum- cause it to be disberland road, under Josias Thompson, superintendent; and if missed. suit has been instituted by the United States, to recover from John Krepps the aforesaid sum ascertained to have been erroneously charged to him on the books of the Treasury, the Secretary of the Treasury shall cause the same to be dismissed, and to release the said John Krepps from the effects thereof.

ver said sum, to

SEC. 2. And be it further enacted, That this act shall be in This act to be force from the passage thereof.

Approved, March 7th, 1838.

CHAP. 31. An ACT supplementary to an act entitled "An act in addition to the act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned," approved twentieth of April, eighteen hundred and eighteen.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the several collectors, naval officers, surveyors,

in force from its passage.

required to seize

provided for any

tion against the

1838. inspectors of customs, the marshals, and deputy marshals of Collectors, &c. the United States, and every other officer who may be speany vessel, &c. cially empowered for the purpose by the President of the which may be United States, shall be, and they are hereby respectively authomilitary expedí rized and required to seize and detain any vessel or any arms or munitions of war which may be provided or prepared for &c. contermin- any military expedition or enterprise against the territory or ous, and at peace, dominions of any foreign Prince or State, or of any colony, contrary to 6 sec. district or people conterminous with the United States, and act 20 Apl. 1818, and to retain pos- with whom they are at peace, contrary to the sixth section of the session until, &c. act passed on the twentieth of April, eighteen hundred and

territory of any foreign Prince,

with the U.

Said officers required to seize any vessel, &c.

frontier of the U.

state, &c. conter

U.S. where there

to believe that

are intended to

litary expedition, &e. within the territory of any

foreign prince,

&c. conterminous, and at

eighteen, entitled, " An act in addition to the act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned," and retain possession of the same until the decision of the President be had thereon, or until the same shall be released as hereinafter directed.

SEC. 2. And be it further enacted, That the several officers mentioned in the foregoing section shall be, and they are hereabout to pass the by respectively authorized and required to seize any vessel or S. for any place vehicle, and all arms or munitions of war, about to pass the within a foreign frontier of the United States for any place within any foreign minous with the State or colony, conterminous with the United States, where is probable cause the character of the vessel or vehicle, and the quantity of arms said vessel, &c. and munitions, or other circumstances shall furnish probable be employed in cause to believe that the said vessel or vehicle, arms, or municarrying on a mi- tions of war are intended to be employed by the owner or owners thereof, or any other person or persons, with his or their privity, in carrying on any military expedition or operations within the territory or dominions of any foreign prince U.S., and to de. Or State, or any colony, district, or people conterminous with tain the same un- the United States, and with whom the United States are at til, &c. peace, and detain the same until the decision of the President be had for the restoration of the same, or until such property shall be discharged by the judgment of a court of competent jurisdiction Provided, That nothing in this act contained be so construed as to extend to, or interfere with any trade in arms or munitions of war, conducted in vessels by sea with any port or place whatsoever, or with any other trade which might have been lawfully carried on before the passage of this act, under the law of nations and the provisions of the act hereby amended.

peace, with the

Proviso.

Officers mak

ing seizures un

trict judge for a

the detention of

ed; which war

SEC. 3. And be it further enacted, That it shall be the duty der this act shall of the officer making any seizure under this act, to make appliapply to the dis- cation, with due diligence, to the district judge of the district warrant to justify court of the United States within which such seizure may be the property seiz- made, for a warrant to justify the detention of the property so rant shall be seized; which warrant shall be granted only on oath or affirm&c.; and if not ation, showing that there is probable cause to believe that the issued within ten property so seized is intended to be used in a manner contrary shall be restored. to the provisions of this act; and if said judge shall refuse to rant issue the issue such warrant, or application therefor shall not be made detained until, by the officer making such seizure within a reasonable time, not

granted on oath,

days the property

But if said war

property shall be

&c.

exceeding ten days thereafter, the said property shall forthwith be restored to the owner. But if the said judge shall be satisfied that the seizure was justified under the provisions of this act, and issue his warrant accordingly, then the same shall be detained by the officer so seizing said property, until the President shall order it to be restored to the owner or claimant, or until it shall be discharged in due course of law, on the petition of the claimant, as hereinafter provided.

1838.

The owner of

property seized may tile his petition in the cir

cuit or dist. court

where the sei

whereupon the

upon the case.

SEC. 4. And be it further enacted, That the owner or claimant of any property seized under this act, may file his petition in the circuit or district court of the United States in the district where such seizure was made, setting forth the facts in the case; U. S. in the dist. and thereupon such court shall proceed, with all convenient de- zure was made; spatch, after causing due notice to be given to the district attor- court shall proney and officer making such seizure, to decide upon the said ceed to decide case, and order restoration of the property, unless it shall appear that the seizure was authorized by this act : and the circuit The circuit and and district courts shall have jurisdiction, and are hereby vested dist. courts inwith full power and authority, to try and determine all cases er to try all cases which may arise under this act; and all issues in fact arising act, &c. under it, shall be decided by a jury in the manner now provided by law.

vested with pow

arising under this

obtained a war.

tention of pro

the claimant

been detained

a

officer for double

and thereupon

SEC. 5. And be it further enacted, That whenever the officer Whenever the making any seizure under this act shall have applied for and officer shall have obtained a warrant for the detention of the property, or the rant for the declaimant shall have filed a petition for its restoration, and failed perty seized, or to obtain it, and the property so seized shall have been in the shall not have obcustody of the officer for the term of three calendar months from tained its restoration by petition, the date of such seizure, it shall and may be lawful for the and it shall have claimant or owner to file with the officer a bond to the amount three months, the claimant may file of double the value of the property so seized and detained, with a bond with the at least two sureties, to be approved by the judge of the circuit the value of the or district court, with a condition that the property, when re- Property, &c., stored, shall not be used or employed by the owner or owners said officer shall thereof, or by any other person or persons with his or their pri- perty. vity, in carrying on any military expedition or operations within the territory or dominions of any foreign prince or State, or any colony, district, or people, counterminous with the United States, with whom the United States are at peace; and thereupon the said officer shall restore such property to the owner or claimant thus giving bond: Provided, That such restoration shall not Proviso. prevent seizure from being again made, in case there may exist fresh cause to apprehend a new violation of any of the provisions of this act.

SEC. 6. And be it further enacted, That every person apprehended and committed for trial, for any offence against the act hereby amended, shall, when admitted to bail for his appearance, give such additional security as the judge admitting him to bail may require, not to violate, nor to aid in violating, any of the provisions of the act hereby amended.

SEC. 7. And be it further enacted, That whenever the President of the United States shall have reason to believe that the

restore the pro

mitted to bail

Persons adshall give such rity not to violate the provisions of amended as the

additional secu

the act hereby

judge may re

quire.

rect the judge,

such place, with

he may designate, for the more speedy arrest and

1838. provisions of this act have been, or are likely to be violated, The President that offences have been, or are likely to be, committed against authorized to di- the provisions of the act hereby amended, within any judicial &c., to attend at district, it shall be lawful for him, in his discretion, to direct the in the district, as judge, marshal, and district attorney, of such district, to attend at such place within the district, and for such time, as he may examination of designate, for the purpose of the more speedy and convenient arrest and examination of persons charged with the violation of the act hereby amended; and it shall be the duty of every such 'judge, or other officer, when any such requisition shall be received by him, to attend at the place and for the time therein designated.

persons charged with the violation of the act hereby amended, &c.

The President, &c., may employ

SEC 8. And be it further enacted, That it shall be lawful for the land or naval the President of the United States, or such person as he may litia, to prevent empower for that purpose, to employ such part of the land or the violation, &c. naval forces of the United States, or of the militia, as shall be

forces, or the mi

of this act, &c.

This act limited to two years,

necessary to prevent the violation, and to enforce the due execution, of this act, and the act hereby amended.

SEC. 9. And be it further enacted, That this act shall continue in force for the period of two years, and no longer.

Approved, March 10th, 1838.

CHAP. 32. An ACT making appropriations for the payment of the Revolutionary and other pensioners of the United States, for the year one thousand eight hundred and thirty-eight.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asThe following sembled, That the following sums be, and the same are hereby, sums approprial- appropriated, in addition to former appropriations, to be paid out of any money in the Treasury not otherwise appropriated, for the pensioners of the United States, for the year one thousand eight hundred and thirty-eight :

ed.

For Revolutionary pensioners $426.772.

For invalid

For the Revolutionary pensioners, under the several acts, other than those of the fifteenth of May, one thousand eight hundred and twenty-eight; the seventh of June, one thousand eight hundred and thirty-two; and the fourth of July, one thousand eight hundred and thirty-six, four hundred and twenty-six thousand seven hundred and seventy-two dollars;

For the invalid pensioners, under various laws, one hundred pensioners 8134, and thirty-four thousand and seventy-five dollars and sixty-two

075.62

widows and or

cents;

For pensions to For pensions to widows and orphans, under the act of the phans $1,492.685. fourth of July, one thousand eight hundred and thirty-six, one million four hundred and ninety-two thousand six hundred and eighty-five dollars;

For half-pay pensions payable through off. 3d. Aud'r. $5,000.

For half-pay pensions, payable through the office of the Third Auditor, five thousand dollars.

Approved March 10th, 1838.

CHAP. 33. An ACT to change the times of holding the circuit and district courts of the United States in the seventh circuit.

1838.

and district

districts of Indi

Michigan.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the circuit and district courts of the United States Times of holdshall be held in the district of Indiana, at the seat of Govern- ing the circuit ment in said State, on the third Mondays of May and Novem-courts U. S. in the ber; at the seat of Government in the district of Illinois on the ana, Illinois, and first Mondays of June and December; in the district of Michigan, at the seat of Government in said State, on the third Monday in June and the first Monday in November; and in the district of Ohio, at the seat of Government in said State, on the first Monday of July, and the third Monday in December, and all All recognirecognizances entered into, and all mesne and final process, be returnable to which have been issued, or which shall hereafter be issued, shall the first term as be returnable in the respective districts to the first term as above blished. established: And it shall be the duty of the circuit judge, to at- Circuit judge tend one circuit court in each year, in the districts of Indiana, circuit court Illinois, and Michigan, and should any question of law be raised, every year. in any case, in the absence of the circuit judge, the district of law, &c., the judge may, at his discretion, adjourn the cause to the succeeding adjourn the term of the circuit court. Approved, March 10th, 1838.

zances, &c. shall

above esta

shall attend one

On a question

dist. judge may

cause.

CHAP. 34. An ACT to continue in force an act therein mentioned, relating to the port of Baltimore.

The act passed

17th March 1800, so far as relates

ryland, continued

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act passed the seventeenth day of March, in the year one thousand eight hundred, entitled "An act declaring the assent of Congress to certain acts of the States of to the act of MaMaryland and Georgia," and which, by subsequent acts, has to 3d. March 1813. been revived and continued in force until the third day of March, one thousand eight hundred and thirty-eight, be, and the same, so far as it relates to the act of Maryland, is hereby, revived and continued in force until the third day of March, one thousand eight hundred and forty-three. Provided, That nothing Proviso: herein contained shall authorize the demand of a duty on tonnage on vessels propelled by steam, employed in the transportation of passengers. Approved, March 19th, 1838.

CHAP. 35. An ACT for the relief of Benjamin H. Mackall.

[SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Secretary of the Treasury pay to the legal Sec. Treas. to representatives of Benjamin H. Mackall, formerly of Calvert pay the legal recounty, Maryland, two hundred and ten dollars, the amount B. H. Mackall claimed by his heirs for a certain house or out-house destroyed house destroyed

presentatives of

$210 for a certain by the British in 1814.