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CHAP. 102.-AN ACT for the allowance of drawback on foreign merchandise

imported into certain districts of the United States from the British North American provinces, and exported to foreign countries.

(Sec. 1.] Be it enacted by the Senate and House of Repre. sentatives of the United States of America in Congress assembled, That any merchandise imported from

ported front the bush foreign
the British , Drawback on

merNorth American provinces adjoining the United States which chandise allowshall have been duly entered and the duties thereon paid or se. ed. cured according to law at either of the ports of entry in the collection districts situated on the northern, northeastern, and northWestern frontiers of the United States, may be transported by land or by water, or partly by land, and partly by water, 10 any . port or poris from which inerchandise may, under existing laws, be exported for benefit of drawback, and be thence exported with such privilege to any foreign country: Provided, That Proviso: such exportations shall be made within one year from the date of importation of said merchandise, and that existing laws relating to the transportation of merchandise entitled to drawback from one district to another, or to two other districts, and the due exporiation and pioof of landing thereof, and all regulations which the Secretary of the Treasury inay prescribe for the security of the revenue shall be complied wiih.

Approved, August 8, 1846.

CHAP. 103.-AN ACT granting certain lands to the Territory of Iowa, to aid

in the improvement of the navigation of the Des Moines river, in said Ter

ritory.

[Sec. 1.] Be it enacted by the Senale and House of Representatives of the United States of America in Congress (15sembled, That there be, and hereby is, granted to the Territo. Public lands ry of Iowa, for the purpose of aiding said Territory to improve Ferritory

atro granted to the

of the navigation of the Des Moines river from its mouth to the Iowa, for the im. Racoon Fork, (so called) in said Territory, one equal moiety, the Des Moines in alternate sections, of the public. lands, (remaining insold, river. and not otherwise disposed of, encumbered or appropriated,) in a strip five miles in width on each side of said river; to be se. lected within said Territory by an agent or agents to be appointed by the governor thereof, subject to the approval of the Secretary of the Treasury of the United States.

Sec. 2. And be it further enacted, That the lands hereby Not to be congranted shall not be conveyed or disposed of by said Territory, veyed or dis

posed of, except nor by any State to be formed out of the same, except as said in certain cases. improvements shall progress; that is, the said Territory or State may sell so much of said lands as shall produce the sum of thirty thousand dollars, and then the sales shall cease, until the governor of said Territory or State shall certify the fact to the President of the United States, that one-half of said sum has been expended upon said improvement, when the said Territory or State may sell and convey a quantity of the residue of

said lands, sufficient to replace the amount expended, and thus the sales shall progress as the proceeds thereof shall be expended,

and the fact of such expenditure shall be certified as aforesaid. Des Moines Sec. 3. And be it further enacted, That the said river Des river declared a Moines shall be and forever remain a public highway for the public highway

rise of the Government of the United States, free from any toll or other charge whatever for any property of the United States,

or persons in their service passing through or along the same: Proviso. Provided, always, That it shall not be competent for the said

Territory or future State of Iowa to dispose of said lands, or any of them, at a price lower than, for the time being, shall be

the minimum price of other public lands. Lands to be.

Sec. 4. And be it further enacted, That whenever the Tercome the prop. ritory of Iowa shall be admitied into the Union as a Slate, the erty of Jows on lands hereby granted for the above purpose shall be and become into the Union, the property of said State for the purpose contemplated in this Proviso. act, and no other: Provided, The legislature of the State of

Iowa, shall accept the said grant for the said purpose.

Approved, August 8, 1946.

CHAP. 104.-AN ACT to regulate writs of error and appeals from the dis

trict court of the United States for the middle district of Alabama.

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

sentatives of the United States of America in Congress as- How writs of sembled, That hereafter writs of error and appeals shall be taerror & appeals ken from the district court of the United States for the middle to be taken.

district of Alabama directly to the Supreme Court of the United States, under the same regulations that wriis of error and ap. peals are allowed from the circuit courts of the United States to The Supreme Court; and no writs of error or appeals shall lie from said district court to the circuit court of the United States

for the southern district of Alabama, as heretofore allowed. Causes trans Sec. 2. And be it further enacted, That all causes now ferred.

pending in the circuit court of the United States for the fifth judicial circuit and southern district of Alabamn, and which were removed to that court by writ of error or appeal from the district court of the United States for the middle district of Alabama, are hereby transferred to the Supreme Court of the United States. Said Supreme Court shall hear and determine the errors assigned in said circuit court, in the same manner that the circuit court should have done had said causes not been removed.

Approved, August 8, 1846.

in cases,

CHAP. 105.-AN ACT more effectually to provide for the enforcement of

certain provisions in the treaties of the United S:ates. Whereas, in the treaty between the United States and his Ma- Preamble. jesty the King of Prussia, it is provided that “the consuls, vice-consuls, and commercial agents shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the capsaius and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or the captain should disturb the order or tranquility of the country, or the said consuls, vice-consuls, or commercial agents should require their assistance to cause their decisions to be carried into effect or supported;" and whereas a similar provision, in substance, exists in other treaties of the United States with some other foreign Powers; and whereas no jurisdiction is given by law to any courts or magistrates in the United States 10 carry into effect the said provisions; for the remedy thereof

(Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress ussembled, That the district and circuit courts of the United Jurisdiction of States, and the commissioners who now are, or shall be here- district and cir. afier, appointed by the circuit courts of the United States to s. and of comtake acknowledgments of bail and affidavits, and also to take missioners, depositions of witnesses in civil causes, and to exercise the pow. defined. ers of any justice of the peace in respect to offenders for any crime or offence against the United States, by arresting, imprisoning, or bailing the same, under and in virtue of the laws of the United States, shall have full power, authority, and jurisdiction, upon the application or petition of the said consuls, vice-consuls, or commercial agents, requiring their assistance lo carry into effect the award, or arbitration, or decree of any such consuls, vice-consuls, or commercial agents, in the premises, according to the true intent and meaning of such award, and arbitration, or decree; and for this purpose shall have full authority to issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto, by imprisonment in the common jail or other place of imprisonment in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, unul such award, arbitration, or decree shall be complied with, or the purties shall be otherwise discharged therefrom, by the consent, in writing, of such consuls, vice-consuls, or cominercial agents, or their successors in office, or by the authority of ihe foreign Government by which such consuls, vice-consuls, or commercial agents are appointed : Provided, however, That the expenses of the said

Proviso. imprisonment, if any, and the maintenance of the prisoners, and the costs of the proceedings, shall be borne by such foreign Governments, or by its consuls, vice-consuls, or commercial

agents requiring such imprisonment. And the marshals of the
United States and their deputies shall have full authority, and
shall be bound to serve all such process, and do all other acts
necessary and proper to carry into full effect all and singular
the premises under the authority of the said courts, or of the
said cominissioners.

Approved, August 8, 1846.

lowed.

CHAP. 106.-AN ACT to equalize the compensation of the Surveyors Gene.

ral of the public lands of the United States, 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 asCompensation sembled, That, from and after the thirtieth day of June, eighof surveyors (een hundred and forty-six, the surveyor general of Wisconsin consin & Iowa. and Iowa and the surveyor general of Arkansas shall each re.

ceive the same annual salary as the other surveyors general of Clerk hire al. the public lands of the United States; and each of said

surveyors general shall be allowed the same amount for clerk hire in their respective offices as is now allowed by law for the office

of the surveyor general northwest of the Ohio. Deputies 10

Sec. 2. And be il further enacted, That the surveyors genmake oath. eral of the public lands of the United States, in addition to the

oath now authorized by law to be administered to deputies on
their appointment to office, shall require each of their deputies
on the return of his surveys, to take and subscribe an oath or
affirmation that those surveys have been faithfully and correctly

executed, according to law and the instructions of the surveyor Penalty for general; and, on satisfactory evidence being presented to any swearing to court of competent jurisdiction, that such surveys, or any part false surveys.

thereof, had not been thus executed, the deputy making such
false oath or affirmation shall be deemed guilty of perjury, and
shall suffer all the pains and penalties attached to that offence;
and the district attorney of the United States for the time being,
in whose district any such false, erroneous, or fraudulent sur-
veys shall have been executed, shall, upon the application of
the proper surveyor general, immediately instituie suit upon
the bond of such deputy; and the institution of such suit shall
act as a lien upon any property owned or held by such deputy,
or his sureties, at the time such suit was instituted.

Approved, August 8, 1846.

CHAP. 107.-AN ACT making copies of papers certified by the Secretary of

the Senate and Clerk of the House of Representatives legal evidence.
[Sec. 1.] Be it enacted by the Senate and House of Repre-

sentatives of the United States of America in Congress asExtracts from sembled, That extracts from the Journals of the Senate or of nate and House the House of Representatives, and of the Executive Journal of

9

the Senate, when the injunction of secrecy is removed, duly of Representa certified by the Secretary of the Senate or by the Clerk of the dence in u. s. House of Represeniatives, shall be admitted as evidence in the courts. Several courts of the United States, and shall have the same force and effect as the originals thereof would have if produced in court and proved.

Sec. 2. And be it further enacted, That for all such copies, Fees. certified as aforesaid, the Secretary of the Senate and Clerk of the House of Representatives shall be entitled to the same fees as are now allowed by law, for similar services, to the Secretary of Siate. ·

Approved, August 8, 1846.

CHAP. 108.-AN ACT to carry into effect the convention between the United
States and the Republic of Peru, concluded at Lima, the seventeenth day of
March, eighteen hundred and sorty.one.

[Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Attorney General of the United States shall Attorney Genbe, and is hereby, authorized and empowered to adjudicate the eral authorized

adjudicate clains arising under the convention concluded between the claims. United States and the Republic of Peru, at Lima, the seventeenth March, eighteen hundred and forty-one ; and shall, within the space of twelve months from and after the passing of this act, receive, examine, and decide upon the amount and validity of all such claims as may be presented to him, and as are provided for by the said convention, according to the merits of the several cases, and the principles of justice, equity, and the law of nations, and the stipulations of the said convention. And the Attorney General shall be, and is hereby, authorized Clerk to be emand empowered to appoint the clerk of the Attorney General's ployed. office, or any other person, to act as clerk under him in the performance of the duties prescribed by this act; and the Attorney Oath. General and the said clerk shall, before entering on such duties, sererally take an oath for their faithful performance.

Sec. 2. And be it further enacted, That the Attorney Gen. To adopt rules. eral shall be, and he is hereby, authorized and empowered to make all needful rules and regulations, not contravening the laws of the land, the provisions of this act, or the provisions of die said convention, for carrying the said convention and this act

Records com Sec. 3. And be it further enacted, That all records, docu-ing into the ments, or other papers which now are in, or hereafter may ment to be decome into, the possession of the Department of State, in re-livered to Attor lation to the said claims, shall be delivered to the Attorney General, who shall forth with, after the passing of this act, pro. Publication. ceed to execute the duties hereby confided to him, and 'shall give notice in one or more of the newspapers published in the city of Washington, and in such other newspapers published

into effect.

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