Page images
PDF
EPUB

States.

in their possession or custody the records of the proceedings in the first section of this act referred to and described, and to demand the delivery of the same, to be deposited, as id and by the said first section of this act is required; and on the refusal of such clerk or other officer or person to comply with such demand, the said judge of the district court of the United States is hereby authorized and required to compel the delivery of the said records by attachment or otherwise,

aceording to law. Writs of error

Sec. 3. And be it further enacted, That in all cases in and appeals to which judgment or decrees have been rendered in the said Court of the U. superior courts or court of appeals of the late Territory of

Florida, and from which writs of error have been sued out or appeals have been taken to the Supreme Court of the United States, the said Supreme Court shall be, and is here by, authorized to hear and determine the same, and the mandates of the said Supreme Court for the execution of the judgments or decrees so to be rendered by them, and all other writs which may be necessary in the exercise of the appellate jurisdiction of the said court in such cases, shall be directed to the district court of the United States for the district of Florida, and the said district court shall cause the

same to be duly executed and obeyed. District Court SEC. 4. And be it further enacted, That the district court of Florida to of the United States for the district of Florida shall take zance of cer.cognizance of all cases which were pending and undeter

mined in the said superior courts, under and by virtue of the act of Congress of the twenty-third May, eighteen hundred and twenty-eight, entitled “ An act supplementary to the several aets providing for the settlement and confirmation of private land claims in Florida," and under and by virtue of an act entitled “An act to provide for the final settlement of land

claims in Florida," approved twenty-sixth May, eighteen *See rol. 8, p. hundred and thirty ;* and of all cases which were pending

and undetermined in the court of appeals of the late Terri tory of Florida, and from the judgments or decrees to be ren dered in which writs of error could have been sued out of appeals could have been taken to the Supreme Court of the United States under the laws which were in force on the third day of March, in the year of our Lord one thousand eight hundred and forty-five, and shall proceed to hear and determine the same; and from the judgments or decrees to be rendered by the said district court, writs of error may be sued out or appeals may be taken to the Supreme Court of the United States, in the same manner as if such judgments or decrees had been rendered in the court of appeals of the Territory of Florida; and the mandates, and all writs necessary to the exercise of the appellate jurisdiction of the said Supreme Court, in such cases, shall be directed to the district

tain cases.

66.

court of the United States for the district of Florida, and the said district court shall cause the same to be duly executed and obeyed.

Sec. 5. And be it further enacted, That in all cases not One year al. legally transferred to the State courts in which judgments or lowed to the decrees have been rendered in the superior courts or court of lain cases for

s parties in cerappeals of the late Territory of Florida from which writs of sueing out writs error could have been sued out or appeals could have been of error and taken to the court of appeals of said Territory, or to the Su- to the Supreine

"taking appeals preme Court of the United States, under the laws which were in Court U. S. force on the third day of March, in the year of our Lord one thousand eight hundred and forty-five, and in which writs of error have not hitherto been sued out or appeals have not hitherto been taken, there shall be allowed to the parties in the said cases the term of one year, from and after the passing of this act, for sueing out such writs of error or taking such appeals to the Supreme Court of the United States, which shall have jurisdiction to review the same.

Sec. 6. And be it further enacted, That any unfinished Unfinished bubusiness or proceedings now remaining or pending before the siness and pro

ceedings, judge of the superior court at St. Augustine, as a commissioner under and by virtue of the “ Act for the relief of certain inhabitants of East Florida," approved twenty-sixth June, eighteen hundred and thirty-four,* or under any other See vol. 9, p. act granting special powers, or imposing special duties upon 59. said judge, be, and the same are hereby, transferred to the judge of the district court of the district of Florida, to be proceeded in and finished, or decided in the same manner provided for by law; and the said district judge shall have, exercise, and possess, the same duties, powers, and rights, which have by virtue of the act of twenty-sixth June, eighteen hundred and thirty-four aforesaid, or otherwise been possessed and exercised by the said judge of the superior court at St. Augustine, so far as may be necessary to enable the said district judge to determine and finish any matter, business, or proceedings now pending and undetermined before the judge of the superior court aforesaid, by virtue of any such special act.

Sec. 7. And be it further enacted, That all and singular, The provisions the provisions of this act, so far as may be, shall be, and of this act made they are hereby, made applicable to all cases which were an

cases pending pending in the supreme or other superior courts of and for in the courts of the late Territory of Michigan, at the time the said Territory the late Terri.

tory of Michi. was admitted as a State into the Union, and to all cases in which judgments or decrees have been rendered in said su-' preme or superior court of said late Territory of Michigan, and not hitherto reinoved as aforesaid by writ of error or appeal.

Sec. 8. And be it further enacted, That in all cases pend- Othe ing in any of the superior courts of said Territory of Florida, which are to be

ble

to

er (RSS

transferred to or in the court of appeals of said Territory, on the third day the dist., court of March, eighteen hundred and forty-five, and not legally for the district of Florida,

'transferred to the State courts of the State of Florida, and which said Territorial courts continued to hold cognizance of, and proceeded to determine after said day, or which are claimed to have been since pending therein as courts of the United States; and in all cases of federal character and jurisdiction commenced in said Territorial courts after said day, and in which judgments or decrees were rendered, or which are claimed to have been since pending therein, the records and proceedings thereof, and the judgments or de

crees therein, are hereby transferred to the district court of Writs of error the United States for the district of Florida; and writs of and appeals. error and appeals may be taken by either party to remove

the judgments or decrees that have been, or may be, rendered in such cases unto the Supreme Court of the United States, and the Supreme Court inay hear and decide such

cases on such writ of error or appeal, and issue its mandate Proviso. to said district court: Provided, however, Such writ of error

or appeal shall be taken within one year from the passage of this act, or one year from the rendition of such judgment or decree hereafter rendered: And provided, also, That noth· ing in this act shall be construed as affirming or disaffirming

the jurisdiction, power, or authority of the Territorial judges to proceed in or try, or determine, such cases after the third of March, eighteen hundred and forty-five, but the same may be referred to said Supreme Court for its decision in all said cases on such writ of error or appeal,

Approved, February 22, 1847.

CHAP. 18.-AN ACT for the relief of Ray Tompkins and others, the

children and heirs-at-law of the late Daniel D. Tompkins.

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

resentatives of the United States of America in Congress asThe gum of sembled, That the Secretary of the Treasury be, and he is $49,795 02 to be hereby, authorized and directed to pay, out of any money in paid them.

the Treasury not otherwise appropriated, to the children and heirs of Daniel D. Tompkins, late Governor of the State of New York, deceased, the sum of forty-nine thousand seven hundred and ninety-five dollars and two cents.

Approved, February 22, 1847.

CHAP. 19.- AN ACT to authorize the issuing of a new register for the

American barque Pons, of Philadelphia, by the name of the Cordelia.

[Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress as-, sembled, That there be issued, under the direction of the A new register

con to be issued for Secretary of the Treasury, a new register for the American in

egister for the Americall the barque Pons barque Pons, by the name of the Cordelia, of Philadelphia, by the name of which vessel was recently sold in that city in pursuance of the Cordelia. an order of the United States district court of the eastern district of Pennsylvania, as having been unlawfully engaged in the slave trade, and is now owned by Edward Harris - Miles: Provided, That this act shall not be so construed as Proviso. to dispense with the requirements of existing laws relating to new registers to be issued to vessels, except as to the name thereof; and that satisfactory evidence of a full compliance with those requirements shall be furnished to the Secretary of the Treasury before a new register shall be issued, as herein provided.

Approved, February 23, 1847.

CHAP. 20.-AN ACT to establish a court at Key West, in the State of

Florida, and for other purposes,

tablished.

[Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the State of Florida, lying Southern dig. south of a line drawn due east and west from the northern trict of Florida point of Charlotte harbor, including the islands, keys, reefs, es shoals, harbors, bays, and inlets, south of said line, shall be erected into a new judicial district, to be called the southern district of Florida ; a district court shall be held in said District courts.. southern district, to consist of one judge, who shall reside at Key West, in said district, and be called a district judge; and shall in all things have and exercise the jurisdiction and Jurisdiction. powers of a district and circuit court of the United States within the district aforesaid; and appeals may be allowed and writs of error sued out and made returnable in the Supreme Court in the same manner and under the same rules and regulations as appeals and writs of error are allowed and sued out from and to a circuit court. The judge shall appoint a clerk, who shall reside and keep the records of the Clerk. court at the place of holding the same; and shall receive for the services he may perform the same fees to which the clerk of the Louisiana district is entitled for similar services.

Sec. 2. And be it further enacted, That the judge of Sessions. said district shall hold two regular terms of court in each year at Key West—the one commencing on the first Mon

transferred to or in the court of appeals of said Territory, on the third day the dist.court of March, eighteen hundred and forty-five, and not legally for the district of Florida,

transferred to the State courts of the State of Florida, and which said Territorial courts continued to hold cognizance of, and proceeded to determine after said day, or which are claimed to have been since pending therein as courts of the United States; and in all cases of federal character and jurisdiction commenced in said 'Territorial courts after said day, and in which judgments or decrees were rendered, or which are claimed to have been since pending therein, the records and proceedings thereof, and the judgments or de

crees therein, are hereby transferred to the district court of Writs of error the United States for the district of Florida; and writs of and appeals. error and appeals may be taken by either party to remove

the judgments or decrees that have been, or may be, rendered in such cases unto the Supreme Court of the United States, and the Supreme Court may hear and decide such

cases on such writ of error or appeal, and issue its mandate Proviso.

to said district court: Provided, however, Such writ of error or appeal shall be taken within one year from the passage of this act, or one year from the rendition of such judgment or decree hereafter rendered: And provided, also, That noth·ing in this act shall be construed as affirming or disaffirming the jurisdiction, power, or authority of the Territorial judges to proceed in or try, or determine, such cases after the third of March, eighteen hundred and forty-five, but the same may be referred to said Supreme Court for its decision in all said cases on such writ of error or appeal.

Approved, February 22, 1847.

[graphic]

CHAP. 18.-AN ACT for the relief of Ray Tompkins and others, the

children and heirs-at-law of the late Daniel D. Tompkins.

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

resentatives of the United States of America in Congress asThe sum of sembled, That the Secretary of the Treasury be, and he is $49,795 02 to be hereby, authorized and directed to pay, out of any money in paid them.

the Treasury not otherwise appropriated, to the children and heirs of Daniel D. Tompkins, late Governor of the State of New York, deceased, the sum of forty-nine thousand seven hundred and ninety-five dollars and two cents.

Approved, February 22, 1847.

« ՆախորդըՇարունակել »