court shall not be able to hold the said criminal court, then the senior assistant judge of the said circuit court shall hold the same. SEC. 2. And be it further enacted, That all writs and process which shall issue from the said court, shall be tested in the name of the judge of the said court. SEC. 3. And be it further enacted, That the judge of the said court shall, out of court, in all criminal matters, and breaches of the peace and good behavior, have and exercise all the powers by law vested in the circuit court of the United States, and the judges thereof, and which were vested by the acts establishing the circuit court of the District of Columbia, and judges of the same. SEC. 4. And be it further enacted, That the judge of the said criminal court shall take the oath of office, provided by law to be taken by the judges of the circuit court of the District of Columbia; and shall have power to make all needful rules of practice for the orderly and speedy administration of the business of the same, as he shall deem expedient, not inconsistent with the laws and Constitution of the United States; and the said court is hereby authorized to provide a seal for the same; and he shall have the same power and authority as is exercised by the judges of the circuit court of the District of Columbia, to require bail in all cases when by law bail may be required. SEC. 5. And be it further enacted, In order to prevent the delay and long confinement in the jails of said district, of prisoners sentenced to be executed, or to the penitentiary, when the party claims the right to have the sentence suspended, to give an opportunity of applying for a writ of error: Be it enacted, That all writs of error which may be granted to the judgment of the criminal court of either county, shall be returned to the circuit court which may be in session, or to the next circuit court which may be held at the stated times fixed by law for the meeting of the same; and that so much of the fifth section of the act establishing the criminal court as requires the writ of error to be returned to the circuit court of the county in which said judgment may be rendered, be, and the same is hereby repealed. The judgment of the circuit court shall be certified to the clerk of the criminal court, and preserved among the original papers in the case. SEC. 6. And be it further enacted, That the said criminal court for Washington county, in said District, shall hereafter commence and be held on the last Monday in December and on the second Monday in March and the fourth Monday of October, instead of the first Monday in December and the first Monday in March and the first Monday of September, the days now fixed by law for holding three of the terms of said court. All process whatsoever now issued, or which may be issued in the county of Washington, in said District, returnable to the days now fixed by law for said county, shall be returnable and returned on the days prescribed by this statute. SEC. 7. And be it further enacted, That if, after the. said court shall have commenced its session, the judge should be taken sick, so as not to be able to continue the session of the court from day to day until the business of the term is disposed of, it shall be lawful for him, or in his absence for the clerk of the said court to adjourn the same from day to day or week to week until such time as he shall be able to attend to the business of the said court, when the same shall be resumed as if the session had not been interrupted. But if the sickness of the said judge shall continue longer than the space of one month, then the chief judge of the circuit court of the District of Columbia shall hold the said court and continue the session; and if the said chief judge shall be unable from sickness or other disability to hold the said court, then the senior assistant judge of the said circuit court shall hold the same. SEC. 8. And be it further enacted, That in any case wherein the parties or any of them may be related to the said judge of the criminal court, then such case and the record thereof may be sent to the next circuit court of the District of Columbia for the county in which the said case shall have arisen, to be there tried and determined, and sentence passed and executed, as if this act and the act to which this is supplemental had never been passed. SEC. 9. And be it further enacted, That all causes, indictments, writs, process, and proceedings which were pending in the criminal court of the District of Columbia for the county of Washington, at the time appointed by law for holding a session thereof, on the first Monday of December last past, or which were returnable to the session of said court which ought to have been holden on said first Monday of December, shall be, and the same are hereby, revived, reinstated, and continued over to the next stated session of said court for said county, to be holden on the second Monday of March next, in the same manner and condition, and the same further proceedings may be had therein as if a session of the said court had been held, according to law, on the said first Monday of December, and as if a regular continuance of all said causes, indictments, writs, process, and proceedings, had been duly entered upon the records of the said court. APPROVED, February 20, 1839. CHAP. XXXIII.-An Act to prevent the abatement of suits and actions now pending, any of the parties are related to the judge. All cases, &c. which were pending in Washington co. revived, &c. STATUTE III. Feb. 28, 1839. No suit, &c. now pending, shall abate, &c. STATUTE III. Feb. 28, 1839. Imprisonment ished. CHAP. XXXV. —An Act to abolish imprisonment for debt in certain cases. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person shall be imprisoned for debt in any State, on process issuing out of a court of the for debt abolUnited States, where by the laws of such State, imprisonment for debt has been abolished; and where by the laws of a State, imprisonment for debt shall be allowed, under certain conditions and restrictions, the same conditions and restrictions shall be applicable to the process issuing out of the courts of the United States; and the same proceedings shall be had therein, as are adopted in the courts of such State. APPROVED, February 28, 1839. STATUTE III. CHAP. XXXVI.-An Act in amendment of the acts respecting the Judicial System Feb. 28, 1839. of the United States. (b) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where, in any suit at law or in equity, commenced in any court of the United States, there shall be several defendants, any one or more of whom shall not be inhabitants The court may entertain jurisdiction in certain cases. (a) See notes of acts relating to imprisonment for debt, vol. 1, 265. Appointment of clerks-how made. Pecuniary pe nalties, &c. of or found within the district where the suit is brought or shall not voluntarily appear thereto, it shall be lawful for the court to entertain jurisdiction, and proceed to the trial and adjudication of such suit, between the parties who may be properly before it; but the judgment or decree rendered therein shall not conclude or prejudice other parties, not regularly served with process, or not voluntarily appearing to answer; and the nonjoinder of parties who are not so inhabitants, or found within the district, shall constitute no matter of abatement, or other objection to said suit. SEC. 2. And be it further enacted, That all the circuit courts of the United States shall have the appointment of their own clerks; and in case of a disagreement between the judges the appointment shall be made by the presiding judge of the court. SEC. 3. And be it further enacted, That all pecuniary penalties and forfeitures accruing under the laws of the United States may be sued for where sued for and recovered in any court of competent jurisdiction in the State or district where such penalties or forfeitures have accrued, or in which the offender or offenders may be found. and recovered. No suits, &c. to be maintain ed for penalties, menced within &c. unless com five years. Proviso. Certain punishments abolished. Penalties, for the forfeiture of Sec. 2 of act of 29th April 1802, ch. 31, repealed, In suits and ac tions in which the judges are in any way concerned, &c. SEC. 4. And be it further enacted, That no suit or prosecution shall be maintained, for any penalty or forfeiture, pecuniary or otherwise, accruing under the laws of the United States, unless the same suit or prosecution shall be commenced within five years from the time when the penalty or forfeiture accrued; Provided, The person of the offender or the property liable for such penalty or forfeiture shall, within the same period, be found within the United States; so that the proper process may be instituted and served against such person or property therefor. SEC. 5. And be it further enacted, That the punishment of whipping and the punishment of standing in the pillory, so far as they now are provided for by the laws of the United States, be, and the same are hereby, abolished. SEC. 6. And be it further enacted, That, in all cases of recognizances in criminal causes taken for, or in, or returnable to, the courts of the United States, which shall be forfeited by a breach of the condition thereof, the said court for or in which the same shall be so taken, or to which the same shall be returnable, shall have authority in their discretion to remit the whole or a part of the penalty, whenever it shall appear to the court that there has been no wilful default of the parties, and that a trial can 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 of the act of Congress, passed the twenty-ninth day of April, one thousand eight hundred and two, which makes it the duty of the associate justice of the Supreme Court, resident in the fourth circuit, to attend in the city of Washington, on the first Monday 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 appear that both the judges thereof or the judge thereof, who is solely competent by law to try the same, shall be any ways concerned in interest therein, or shall have been of counsel for either party, or is, or are so related to or connected with either party as to render it improper for him or them, in his or their opinion, to sit in the trial of such suit or action, it shall be the duty of such judge or judges, on application of either party to cause the fact to be entered on the records of the court; and also to make an order that an authenticated copy thereof, with all the proceedings in such suit or action, shall be forthwith certified to the most convenient circuit court in the next adjacent State, or in the next adjacent circuit; which circuit court shall, upon such record and order being filed with the clerk there of, take cognizance thereof in the same manner as if such suit or action had been rightfully 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 28, 1839. CHAP. XXXVII.-An Act to revise and extend "An act to authorize the issuing of Treasury notes to meet the current expenses of the Government," approved the twenty-first of May, eighteen hundred and thirty-eight. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury, with the approbation of the President of the United States, is hereby authorized to cause to be issued the remainder of the Treasury notes authorized to be issued by the act to authorize the issuing of Treasury notes to meet the current expenses of the Government," approved the twenty-first day of May, eighteen hundred and thirty-eight, according to the provisions of said act, at any 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 2, 1839. CHAP. LXX. -An Act to provide for the erection of public buildings in the Territory of Florida. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of twenty thousand dollars be, and the same is hereby, granted to the Territory of Florida, out of any money in the Treasury not otherwise appropriated, for the purpose of defraying the expenses of erecting a suitable State House or public buildings in the Territory of Florida, for the use and accommodation of the Territorial Legislature of said Territory; and in which building, when erected and completed, the office of the Secretary of said Territory shall be kept, and also the public records and archives of said Territory. To be paid to the Treasurer of the Territory on the order of the Governor, SEC. 2. And be it further enacted, That the said sum of money appropriated by the first section of this act shall be paid over to the Treasurer of said Territory on the order of the Governor, and shall be expended for the purpose aforesaid, under the direction of the Governor and Legislative Council, and in such way and manner and at such times &c. as they shall, by law or resolution for that purpose, prescribe: Provided, That the passage of this law shall not at any time be held as an engagement on the part of the United States for any further appropriation to the objects herein before mentioned. APPROVED, March 3, 1839. CHAP. LXXI.—An Act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with the various Indian tribes, for the year one thousand eight hundred and thirty-nine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, for the year one thousand eight hundred and thirty-nine, for the purpose of paying the current Proviso. STATUTE III. March 3, 1839. [Obsolete.] (a) Notes of the acts which have been passed relative to the issuing of Treasury notes, vol. 3, 100. Pay of superintendent and agents. 1834, ch. 162. 1837, ch. 31. Sub-agents. 1834, ch. 162. Interpreters. Presents to Indians. Provisions for Indians. Buildings at the agencies. Expenses of Indian dep't. Clerk to superintend Indian affairs. Six Nations of New York. Senecas of New York. Ottawas. Wyandots. Wyandots, Munsees and Delawares. Christian Indians. Miamies. Eel Rivers. mies. expenses of the Indian department, fulfilling treaty stipulations with the various Indian tribes, and contingent expenses; to be paid out of any money in the Treasury not otherwise appropriated: For the current and contingent expenses of the Indian department, viz.: For the pay of the superintendent of Indian affairs at St. Louis, and the several Indian agents, as provided by the acts of June thirtieth, eighteen hundred and thirty-four, and of March third, eighteen hundred and thirty-seven, sixteen thousand five hundred dollars; For pay of sub-agents, authorized by the act of June thirtieth, eighteen hundred and thirty-four, thirteen thousand dollars; For the pay of interpreters, as authorized by the same act, nine thousand three hundred dollars; For presents to Indians authorized by the same act, five thousand dollars; For the purchase of provisions for Indians, at the distribution of annuities, while on visits of business with the superintendents and agents, and when assembled on public business, eleven thousand eight hundred dollars; For the necessary buildings required at the several agencies, and repairs thereof, ten thousand dollars; For postages, rents, stationery, fuel for offices, and other contingencies of the Indian department, and for transportation and incidental expenses, thirty-six thousand five hundred dollars; For the salary of one clerk in the office of the superintendent of Indian affairs, south of the Missouri river, one thousand dollars; For carrying into effect the stipulations of certain Indian treaties, and the laws connected therewith, viz. : For the Six Nations of New York, four thousand five hundred dollars; For the Senecas of New York, six thousand dollars; For the Wyandots, six thousand eight hundred and forty dollars; For the Miamies, forty thousand one hundred and ten dollars; For the Pottawatamies, twenty thousand two hundred dollars; Pottawatamies &c. Sacs and Foxes of the Missouri. For the Menomonies, thirty-two thousand six hundred and fifty dol For the Chippewas of the Mississippi, thirty-five thousand dollars; For the Chippewas of Saginaw, five thousand eight hundred dollars; For the Chippewas, Menomonies, Winnebagoes, and New York Indians, fifteen hundred dollars; For the Sioux of the Mississippi, forty-two thousand five hundred and ten dollars; For the Yancton and Santie Sioux, four thousand three hundred and forty dollars; For the Omahas, three thousand nine hundred and forty dollars; For the Sacs and Foxes of the Missouri, twelve thousand five hundred and seventy dollars; |