Proviso.

Bail.

vessels, for the

such district court, or one of the judges of such circuit court, shall, in his own discretion, or upon a notification by the district attorney that such jury will be needed, order a venire to be issued therefore: Provided, That nothing herein shall prevent 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.

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 request of such bail, the judge or other cfficer shall recommit the 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 it further enacted, That if any captain, or captains, &c. of other officer, or mariner of a ship or vessel on the high seas, or commission of any other waters within the admiralty and maritime jurisdiction certain crimes. of the United States, shall piratically or feloniously run away

given in certain

cases.

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 offence. New bail to be SEC. 6. And be it further enacted, That upon the necessary proof being made to any judge of the United States, or other magistrate 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 magistrate to require such person to give better security, or, for default thereof, to cause him to be committed to prison; and, to 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 magistrate, setting forth the cause thereof.

F Witnesses to

cognizance.

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 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 ne-
cessary as a witness, to give recognizance, with or without sure-
ties in his discretion, to appear on the trial of said cause or pro-
ceeding 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-
fuse to give said recognizance in the manner required by said refusal.
judge, the said judge may issue a warrant of commitment
against such person, which shall be delivered to said officer,
whose duty it shall be to convey such person to the prison men-
tioned in said mittimus. And the said person shall remain in
confinement until he shall be removed to the court for the pur-
pose of giving his testimony, or until he shall have given the
recognizance required by said judge.

Penalty for

cuit court for

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. cirnorthern district of New York, a stated session of the circuit the northern court of the United States for said northern district shall be held district of New York to be held 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 be impaired by avoided or impaired by the change hereby made in the time reason of the and place of holding such court; but all process, bail bonds, change. 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.

ceedings not to

Term held in

the term at Buf

SEC. 10. And be it further enacted, That hereafter a term 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 each year.

Process to com. pel attendance

nesses.

SEC. 11. And be it further enacted, That, whenever any inof absent wit-dictment shall be pending in any court of the United States, 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 subponed, 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 subponed in behalf of the United States. 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 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.

Inconsistent

Proviso.

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 attached to any district.

!

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asFort Wayne sembled, That all the lands in the State of Indiana which lie land 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

Indiana, certain

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.

CHAP. 100.—ẠN 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 Representatives 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 of the laws, &c. purchased by Congress, be distributed, under the direction of is to be disthe Secretary of State, as follows:

Brown's edition

tributed.

One copy to 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; Supreme

of
Court.

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

partments and Attorney Gen'l States and Ter

Foreign Gov

One copy to each of the several States and Territories of the
Union, to be placed in the library of such State or Territory. ritories.
One copy each to the Governments of Great Britain, France,
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 their various offices and bureaus ;

Two hundred and eighty copies to the Librarian of 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;

Heads of De

partments.

Congress.

Law Library of

Committees.

Twenty copies to the Secretary of the Senate, and fifty copies Congress. 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 & clerks 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 customs. there is no collector;

Surveyors of

customs.

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 MinisStates;

ters.

One copy to the library of each navy yard in the Union; one Navy Yards, to the naval lyceum at Brooklyn, New York; one to the naval schools, lyce ums, military school at Annapolis, Maryland; one to the naval institute at academy, &c." Charlestown, Massachusetts; and one copy to the Military Academy at West Point.

Residue. Provise.

Preamble,'

And the residue of said thousand copies shall remain at the 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 Government; 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 volumes thus distributed.

SEC. 2. And whereas said edition of the said laws and treaties of the United States has been carefully collated and compared 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 Trea tent 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.

in U. S. courts.

ed.

Approved, August 8, 1846.

CHAP. 101.-AN ACT to provide for the more effectual publication of the laws of the United States.

[SEC. 1.] Be it enacted by the Senate and House of Representatives 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. act legalizing and making appropriations for such necessary objects as have usually been included in the general appropriation 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

newspapers in

Territory.

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 each State and the United States, and for other purposes," approved April twentieth, eighteen hundred and eighteen, as is repealed by the said twenty-first section, be, and the same is hereby, revived and continged in force: Provided, That the Secretary for the Department of State shell cause the publication of such laws, resolutions, treaties, and amendments, 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.