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Sec. 5. And be it further enacted, That the punishment of 1839. whipping and the punishment of standing in the pillory, so far Punishments of as they now are provided for by the laws of the United States, waaring in and be, and the same are hereby, abolished.

pillory, so far as Sec. 6. And be it further enacted, That, in all cases of recog- by laws U. S. nizances in criminal causes taken for, or in, or returnable to, Penalties, for the courts of the United States, which shall be forfeited by a

recognizances,in breach of the condition thereof, the said court for or in which the criminal causes, same shall be so taken, or to which the same shall be returnable, or returnable to shall have authority in their discretion to remit the whole or a may be remitted part of the penalty, whenever it shall appear to the court that which court, in there has been no wilful default of the parties, and that a trial can-when. notwithstanding be had in the cause, and that public justice does not otherwise require the same penalty to be exacted or enforced.

Sec. 7. And be it further enacted, That the second section 20 Secast of the act of Congress, passed the twenty-ninth day of April, one requiring certain thousand eight hundred and two, which makes it the duty of the sociale justice of associate justice of the Supreme Court, resident in the fourth cir- Court residentia cuit, to attend in the city of Washington, on the first Monday the 4th circuit,

. of August annually, to make orders respecting the business of the Supreme Court, be, and the same is, hereby, repealed.

Sec. 8. And be it further enacted, That in all suits and actions in any circuit court of the United States in which it shall tions in any cir. appear that both the judges thereof or the judge thereof, who is in which the solely competent by law to try the same, shall be any ways con-way concerned, cerned in interest therein, or shall have been of counsel for either shall, on the apa party, or is, or are so related to or connected with either party her pary, cause as to render it improper for him or them, in his or their opinion, tered on the reto sit in the trial of such suit or action, it shall be the duty of corals of the court, such judge or judges, on application of either party to cause the der that an au. fact to be entered on the records of the court ; and also to make thereof, with a an order that an authenticated copy thereof, with all the proceed- be forhwith cers ings in such suit or action, shall be forth with certified to the most lified to the most convenient circuit court in the next adjacent State, or in the next cuit court in the adjacent circuit; which circuit court shall, upon such record and state, or circuit; order being filed with the clerk thereof, take cognizance there- take cognizance of in the same manner as if such suit or action had been right thereof, &c. fully and originally commenced therein, and shall proceed to hear and determine the same accordingly, and the proper process for the due execution of the judgment or decree rendered therein, shall run into and may be executed in the district where such judgment or decree was rendered, and also, into the district from which such suit or action was removed.

Approved, February 28th, 1839.

CHAP. 37. An ACT to revise and extend “ An act to authorize the issuing of Treg.

sury notes to meet the current expenses of the Government,” approved the twentyfirst of May, eighteen hundred and thirty-eight.

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

der of the Trea. sury noleg au

1839. sembled, That the Secretary of the Treasury, with the approbaSec. Treasury tion of the President of the United States, is hereby authorized won of the Presi: to cause to be issued the remainder of the Treasury votes authordent, authorized ized to be issued by the act to authorize the issuing of Treasued, any time sury notes to meet the current expenses of the Governmeni," bert,the remain approved the twenty-first day of May, eighteen hundred

and thirty-eight, according to the provisions of said act, at any horized to act time prior to the thirtieth day of June next, any limitation in the

act aforesaid or in the act “to authorize the issuing of Treasury notes," approved the twelfth day of October, eighteen hundred and thirty-seven, to the contrary notwithstanding.

Approved, March 2d, 1839.

CHAP. 38. An ACT for the relief of Messrs. Smith and Town. [Sec. 1.) Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress as. To be allowed sembled, That the collector of the customs for the district of New and nation tha York is authorised to allow and pay the drawback on twentybange of mountain Simone hundred and eight bags of sugar, exported by Messrs. Smith 17, 1836, in the and Town, on the eighth day of July, one thonsand eight bunPrussian brig Die

'dred and thirty-six, in the Prussian brig Die Oder, from New York to Antwerp, notwithstanding the omission of the inspector's return, as required by law.

Approved, March 2d, 1839.

Oder.

is authorized to en

a

CHAP. 39. An ACT for the relief of William W. Stevenson and Joseph Hen.

derson. [Sec. 1.) Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress asIn lieu of 76 sembled, That in lieu and full consideration of seventy-six acres, land, to which part of the southwest quarter of section two, township one north, hawa. Stablished and range twelve west, in the Territory of Arkansas, to which his right of pre: the said William W. Stevenson had established his right of pre

emprion, but which was embraced in the location of a thousandtion of any of the acre tract granted by Congress for the erection of a court-house unapomipriateed and jail at Little Rock, in said Territory, the said Stevenson is land in Arkan. hereby authorized to enter at the proper land office, a quarter

section of any of the unappropriated and unimproved land in said Territory; and upon making such entry, a patent shall issue as in other cases, conveying to the said Stevenson a fee

simple title to the same. In lieu of a cer. Sec. 2. And be it further enacted, That in lieu and in fuil tion of land, to consideration of the southwest quarter of section one, in townson had establish: ship one north, in range twelve west, (south of the Arkansas ed his rightor pre, river,) in the Territory of Arkansas, to which Joseph Henderson authorized to en- had established his right of pre-emption, but which was enclosed lity of any of the in the location of a thousand-acre tract granted by Congress for unappropriatedd the erection of a court-house and jail at Little Rock, in said land in Arkansas. Territory, the said Henderson, his heirs or assigns, is hereby

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1839.

authorized to enter at the proper land office a quarter section of any of the unappropriated and unimproved land in said Territory; and upon making such entry, a patent shall issue as in other cases, conveying to said Henderson, his heirs or assigns, a fee simple title to the same. Approved, March 2d, 1839.

certain quarter quarter section

CHAP. 40. An ACT for the relief of Robert Murray. (Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Robert Murray be, and he is hereby, authorized R. Murray, to relinquish to the United States, in such form as the Commis- quishment of a sioner of the General Land Office shall prescribe, the north west quarter of the northwest quarter of section thirty-two, township dur laurized to en: fifty-five north, range twenty-nine west, of the fifth principal ter any other meridian, in the district of lands now offered for sale at Lexing-section in the ton, in the State of Missouri ; and, upon such relinq ment

same district being made as aforesaid, the said Murray shall be, and he is hereby, authorized to enter any other quarter quarter section of unappropriated land in said district which shall be liable to entry at private sale.

Approved, March 2d, 1839.

CHAP. 41. An ACT for the relief of John Wiley and Jefferson Greer. Whereas it appears that John Wiley and Jefferson Greer, of Preamble. the county of Callaway and State of Missouri

, purchased, each of them, from the Government of the United States, at the land office at St. Louis, in the State of Missouri, a half-quarter section of land, for which each got a certificate from the receiver of public lands at said office; the said Wiley purchasing his in April, eighteen hundred and thirty-two, and the said Greer purchasing his in August, eighteen hundred and thirty-one; and whereas it further appears that the said Wiley and Greer, after having improved and cultivated their said lands purchased as aforesaid for three and four years, purchased of the Government lands which the Government had previously sold to others; therefore, for the relief of said Wiley and Greer,

(Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That John Wiley and Jefferson Greer, of the county J. Wiley and of Callaway and State of Missouri, or the legal representatives legal representar of each, be allowed to enter, without further payment, the lives, authorized quantity of three hundred and twenty acres each, of any of the funher payment; unappropriated public lands of the United States that have been

any, unapproprioffered for sale, as a full compensation for the loss of the im-ated land provements which each had made upon lands which each had purchased of the Government, but which said lands so purchased by them had been previously disposed of by the Government to other individuals. Approved, March 2d, 1839.

J. Whitsilt au. thorized to enter

1839.

CHAP. 42. An ACT for the relief of John Whitsitt. [Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

sembled, That John Whitsitt be, and he is hereby, authorized to at private sale, enter at private sale, at the minimum price of the public lands, at the minimum the northeast quarter of section four, in township fifty north of quarter section of the base line, of range twenty-five west of the fifth principal heretofore paid, meridian; and that such sum as has heretofore been paid on

said quarter section, and forfeited, be deducted from the amount of purchase money.

Approved, March 2d, 1839.

and forfeited, lo be deducted.

Genl. Land Off. a

CHAP. 43. An Act for the relief of James Middleton Tuttle, of Arkansas
[Sec. 1.) Be it enacted by the Senate und House of Repre-

sentatives of the United States of America in Congress asUpon J. M. Tut- sembled, That as soon as James Middleton Turtle shall file in tle filing in the

the office of the Commissioner of the General Land Office a to stonenie relinquishment of all his right, title, claim, and interest in and richi de toacer to the south half of the southeast quarter of section number six, in section of land, township number sixteen north, of range number thirty west of thorized the issue the fifth principal meridian, to the United States of America, the

President of the United States be, and he is hereby, authorized half quarter sec- to issue a patent to the said James Middleton Tuttle for the

south half of the southwest quarter of section number five, in township number sixteen north, of range number thirty west of the fifth principal meridian, situate in the district of lands subject to sale at Fayetteville, Arkansas Territory.

Approved, March 2d, 1839.

a palent to him for a certain other

CHAP. 44. An ACT for the relief of Levi Chadwick. [Sec. 1.] Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress asA duplicate of sembled, That the Secretary of War cause to be issued to Ler minitavirrenunta

. Chadwick, a private in the New Jersey line in the Revolutionary 76 0,100 boeren war, a duplicate of military bounty land warrant number seven sued to L. Chad hundred and sixteen, for one hundred acres of land, which issued mal or which has to Levi Chadwick, alias Shadwick, the fourth day of December,

eighteen hundred and eighteen, and which has been lost; and the said Levi Chadwick shall have the said Duplicate located and pioceeded upon in the same manner as if it were an original warrant; and the said original warrant is hereby declared nu] and void.

Approved, March 2d, 1839.

been lost.

CHAP. 45. An ACT to authorize the issuing of a register to Anthony C. Menez

hetty for the sloop Sarah. (Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

A register for

sembled, That there be issued, under the direction of the Secretary 1839. of the Treasury, a register for the sloop called the Sarah, built in Sierra Leone, but now owned by Anthony C. Meneghetty, a the sloop Sarah citizen of the United States, and lying at the port of Wilming- Sec. Treasury be ton, North Carolina, unseaworthy, whenever the said Anthony with satisfactory C. Meneghetty shall furnish the Secretary of the Treasury with promo hab bestida satisfactory proof that the said sloop has been repaired in the parentaines United States, and that the cost of repairing her by her present thereof exceeds! owner exceeds three-fourths of the original cost of building a inga vessel of the same tonnage in the United States.

same loonage in Approved, March 2d, 1839.

vessel or

U.S.

CHAP. 46. An ACT for the relief of Dennis Tramell. [Sec. 1.] Be it enacted by the Senate und House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, di- D. Tramell co rected to place the name of Dennis Tramell on the pension list, bion arist, unter under the act of June seventh, eighteen hundred and thirty-two, actiune 1832 at the rate of one hundred and twenty dollars per annum; and num-and to be to pay him at that rate, from the fourth day of March, eighteen March, 1831, dur. hundred and thirty one, during his natural life.

ing his natural Approved, March 2d, 1839.

life.

CHAP. 47. An ACT authorizing the settlement of the accounts of the heirs of

Captain Jesse Copeland. [Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers be authorized to Accounts to he adjust and settle, according to the principles of justice and to equily and jus equity, the claims of the heirs of Jesse Copeland, late a captain in the army of the United States; and if any balance shall be any balance found due to said heirs from the United States, the Secretary of paid. the Treasury is hereby authorized to pay the same to them out of any money in the Treasury not otherwise appropriated.

Approved, March 2d, 1839.

tice.

found due to be

8153 33 for bear.

CHAP. 48. An ACT for the relief of Jesse E. Dow. [Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be paid to Jesse E. Dow, out of any money to be paid in the Treasury not otherwise appropriated, the sum of one

ing despatches hundred and fifty-three dollars and thirty-three cents, for his from Commodore time and expenses in bearing despatches from Commodore Kavanagh, Elliott, commanding the United States naval squadron in the Departments. Mediterranean, and from Mr. Kavanagh, our charge d'affaires in Portugal, to the Navy and State Departments of the United States.

Approved, March 2d, 1839.

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