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such district court, or one of the judges of such circuit court, shall, in his own discretion, or upon a notification by the district allorney that such jury will be needed, order a venire to be is.

sued therefore: Provided, That noihing herein shall prevent Proviso.

either of said courts in term from directing a grand jury to be summoned and impannelled whenever in its judgment, it may be proper to do so, and at such time as it may direct: And provided further, That nothing herein shall operate to extend beyond what the law now permits, the imprisonment before indictment found of an individual accused of a crime or offence, or the time during which an individual thus accused may be

held under recognizance before indictment found. Bail.

Sec. 4. And be it further enacted, That any party charged with a criminal offence, and admitted to bail, may, in vacation, be arrested by his bail, and delivered to the marshal or his deputy, before any judge or other officer having power to commit for such offence; and at the requiest of such bail, the judge or other cflicer shall recommit ihe party so arrested to the custody of the marshal, and endorse on the recognizance, or certified copy thereof, the discharge and exoneratur of such bail; and the party so committed shall therefrom be held in custody

until discharged by due course of law. Penalty against Sec. 5. And be il further enacted, That if any captain, or captains, &c. of other officer, or mariner of a ship or vessel on the high seas, or vessels, for the

sion or any other waters within the admiralty and maritime jurisdiction certain crimes. of the United States, shall piratically or feloniously run away

with such ship or vessel, or any goods or merchandise on board such ship or vessel to the value of fifty dollars, or yield up such ship or vessel voluntarily to any pirate, every such person so offending shall be deemed guilty of felony, and, on conviction thereof, shall be punished by fine not exceeding ten thousand dollars, or by imprisonment not exceeding ten years, or both,

according to the nature and aggravation of the uffence. New bail 10 be · Sec. 6. And be it further enacted. That upon the necesgiven in certain cases.

sary proof being made to any judge of the United States, or other magistrale having authority to commit on criminal charges against the laws of the United States, that a person previously admitted to bail on any such criminal charge is about to abscond, and that his bail is insufficient, it shall and may be lawful for any such judge or magistrale to require such person to give better security, or, for default thereof, to cause him to be committed to prison; and, 10 that end, an order for his arrest may be endorsed on the former commitment, or a new warrant therefor may be issued by such judge or magistrale, setting forth the

cause thereof. p Witnesses to Sec. 7. And be it further enacted, That, on the application enter into re-of any attorney of the United States for any district, and upon cognizance.

satisfactory proof of the materiality of the testimony of any person who shall be a competent witness, and whose testimony shall, in the opinion of any judge of the United States, be ne. cessary upon the trial of any criminal cause or proceeding in

which the United States shall be a party or interested, any such judge may compel such person, so required or deemed by him necessary as a witness, to give recognizance, with or without sure. ties in his discretion, to appear on the trial of said cause or proceeding and give his testimony therein ; and for that purpose the said judge may issue a warrant against such person, under his hand, with or without seal, directed to the marshal or other officer authorized to execute criminal or civil process in behalf of the United States, to arrest such person and carry him before such judge. And in case the person so arrested shall neglect or re.

Penalty for fuse to give said recognizance in the manner required by said refusal. judge, the said judge may issue a warrant of commiiment agalust such person, which shall be delivered io said officer, wbose duty it shall be to convey such person to the prison mentioned in said mittimus. And the said person shall remain in confinement until he shall be removed to the court for the purpose of giving his testimony, or until he shall have given the recognizance required by said judge.

Sec. 8. And be it further enacted, That so much of the act Part of the act entitled “ An act to increase and regulate the terms of the cir. of July 7, 1838,

repealed. cuit and district courts for the northern district of New York," passed July seventh, eighteen hundred and thirty-eight, as requires all issues of fact in the said circuit court in which the cause of action shall have arisen west of the line in the said act for that purpose designated to be tried at the term of said circuit court to be held at Canandaigua, and all issues of fact in the said court which shall have arisen east of the said line, to be tried at Albany, be, and the same is hereby repealed. And that Stated session in addition to the courts now provided by law to be held in the of the U.S. cir. northern district of New York, a stated session of the circuit tije court of the United States for said northern district shall be held district of New annually at the City Hall in the city of Albany, on the third at Albany. Tuesday of May.

Sec. 9. And be it further enacted, That no process issued Process or proor proceedings pending in either of the said courts shall be Se impaired by avoided or impaired by the change hereby made in the time reason of the

change. and place of holding such court; but all process, bail bonds, and recognizances, returnable at either of the times and places hereby altered, shall be deemed and held to be returnable at the time and place herein designated in lieu thereof, in the same manner as if the same had in terms been made so returnable, and shall have full effect accordingly. And all continuances may be made to conform to the provisions of this act. Sec. 10. And be it further enacted, That hereafter a term

Term held in of the district court for the northern district of New York shall Auburn. be held in the village of Auburn, on the third Tuesday in Au. gust in each year. And it is further provided, That the term Time of holding of the district court now required by law to be held at the city falo changed. of Buffalo, on the second Tuesday of October in each year, shall hereafter be held on the second Tuesday of November in


York to be held

each year.


Process to com. Sec. 11. And be it further enacted, That, whenever any inpel attendance of absent wit dictment shall be pending in any court of the United Siates,

and any defendant thereto shall make an affidavit setting forth that there are witnesses whose evidence is material to his defence, and that he cannot safely go to trial without them, what he expects to prove by each of them, that they are within the district in which the court is held, or within one hundred miles of the place of trial, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses, the court in term, or any judge thereof in vacation, may, if it appear proper to do so, order that such witnesses be subpæned, if found within the limits aforesaid, and in such case, the costs incurred by such process and the fees of such witnesses shall be paid in the same manner that similar costs and fees are paid

in case of witnesses subpæned in behalf of the United States. Inconsistent Sec. 12. And be it further enacted, That all acts and parts acts repealed. of acts inconsistent with the provisions of this act, shall be, and the Proviso. same are hereby, repealed : Provided, nevertheless, That they

shall be and remain in full force for the punishment of any crime or offence committed before the passing of this act.

Approved, August 8, 1846.

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CHAP. 99.-AN ACT to attach to the Fort Wayne land district certain

tracts of land lying within the limits of that district which are not now altached to any district.

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

sentatives of the United States of America in Congress asFort Wayne sembled, That all the lands in the State of Indiana which lie fand district in north of the township line dividing townships twenty-three and other lands at-twenty-four, and east of the range line dividing ranges four and tached thereto. five east, which lie south of the Wabash river, be, and the same

are hereby, attached to the Fort Wayne land district; and all that tract of land which lies north of the township line dividing townships twenty-three and twenty-four, and west of the range line dividing ranges four and five east, and east of the east line of the Crawfordsville land district, be attached to and shall form a part of the Winnemac land district; and all the lands lying south of the said township line, dividing the said townships twenty-three and twenty-four, which were heretofore within the limits of the Fort Wayne land district, including the portions of the late Miami cessions south of said line, be, and the same are, attached to the Indianapolis land district, and all lands lying within any of the aforesaid land districts which may not have been offered for sale, shall hereafter constitute a part of the land district in which they respectively lie.

Approved, August 8, 1846.

Brown's edition


CHAP. 100.-AN ACT to provide for the distribution of the edition of the laws and treaties of the United States published by Little and Brown, under the provisions of the resolution of Congress approved March third, eighteen hundred and forty-five, and for other purposes.

[Sec. 1.] Be it enacted by the Senate and House of Repre . sentatives of the United States of America in Congress ussembled, That the one thousand copies of Little and Brown's How Little & edition of the laws and treaties of the United States, already brom

of the laws,& purchased by Congress, be distributed, under the direction of is to be disthe Secretary of State, as follows:

tributed. One copy 10 the President and one copy to the Vice Presi. President and dent of the United States;

Vice President One copy to each of the justices of the Supreme Court of the Judges'& clerk United States, and to the clerk of said court;

of Supreme One copy lo each of the Heads of Departments, and one copy Heads of Deto the Attorney General of the United States;

partments and

Attorney Gen'l
One copy to each of the several States and Territories of the States and Ter,
Union, to be placed in the library of sich State or Territory ritories :

Onc copy each to the Governments of Great Britain, France, Foreign Gov-
Russia, Austria, Prussia, Spain, Portugal, Sweden, Denmark, ernments.
Bavaria, the Netherlands, Belgium, Sardinia, Greece, Turkey,
Tuscany, the Ecclesiastical States, the Two Sicilies, China,
Brazil, Mexico, New Grenada, Venezuela, Chili, Peru, the Ar-
gentine Confederation, and the Sandwich Islands;

Forty copies to the Heads of Departments, for the use of Heads of De. their various offices and bureaus; .

Two hundred and eighty copies to the Librarian of Congress, Congress. for the use of the members of the Senate and House of Representatives during the sessions of Congress; .. Four copies to the law library of Congress;

Law Library of Twenty copies to the Secretary of the Senate, and fifty copies Congress..

Committees to the Clerk of the House of Representatives, for the chambers and committee rooms of the two branches;

One copy to the judge and one copy to the district attorney, District Judges and one copy to the clerk, of each of the district courts of the and clerks. United States;

One copy to each of the judges and clerks of the supreme Judges & clerka courts of the Territories and District of Columbia ;

of Territories. One copy to each collector of customs in the United States ; Collectors of One copy to each surveyor of the customs at places where cu

Surveyors of there is no collector;

One copy to each of the surveyors general of the public lands, Land offices. and to each register and receiver of the land offices;

One copy to each of the foreign ministers of the United Foreign Minis. States;

ters. One copy to the library of each navy yard in the Union; one Navy Yards,

b ones the navn schools, lyceto the naval lyceum at Brooklyn, New York; one to the naval Sc school at Annapolis, Maryland; one to the naval institute at academy, &c. Charlestown, Massachuselis; and one copy to the Military Academy at West Point.



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Residue. And the residue of said thousand copies shall remain at the Proviso. future disposal of Congress : Provided, That the copies of the

laws thus distributed to public officers shall be held for the use of their respective offices, and as the property of the Govern. ment; and that, in case of the death, resignation, or dismission from office of either of said officers, or whenever their terms of office shall expire, the said copies of the laws shall be delivered up to their successors in said offices; and a printed copy of this proviso shall be inserted into each of the voluines thus distribu

ted. Preamble,' Sec. 2. And whereas said edition of the said laws and trea

ties of the United States has been carefully collated and com. pared with the original rolls in the archives of the Government, under the inspection and supervision of the Attorney General

of the United States, as duly certified by that officer; therefore, Made compe. Be it further enacted, That said edition of the Laws and Treatent evidence ties of the United States, published by Little and Brown, is

hereby declared to be competent evidence of the several public and private acts of Congress, and of the several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.

Approved, August 8, 1846.

S courts

CHAP. 101.-AN ACT 10 provide for the more effectual publication of the

laws of the United States. [Sec. 1.] Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress asAct of August sembled, That the twenty-first section of the act entitled “ An 26,1842, repeal. ed.

act legalizing and making appropriations for such necessary objects as have usually been included in the general appropria. tion bills, without authority of law, and to fix and provide for certain incidental expenses of the Departments and offices of the Government, and for other purposes," approved August twenty-six, eighteen hundred and forty-two, be, and the same

is hereby, repealed. Laws to be pub. Sec. 2. And be it further enacted, That so much of the act lished in two entitled “ An act to provide for the publication of the laws of newspapers in each State and the United States, and for other purposes," approved April Titory. twentieth, eighteen hundred and eighteen, as is repealed by the

said twenty-first section, be, and the same is hereby, revived and continued in force: Provided, That the Secretary for the Department of State sh:) cause the publication of such laws, res. olutions, treaties, and amendmenis, in two of the newspapers in the District of Columbia, and in each of the several States and Territories of the United States, and no more,

Approved, August 8, 1846.


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