CHAP. VIII.-An Act directing the disposition of certain unclaimed goods, wares,
or merchandise, seized for being illegally imported into the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That hereafter, in all cases of
seizure of any goods, wares, or merchandise, which shall, in the opinion
of the collector or other principal officer of the revenue making such
seizure, be of the appraised value of one hundred dollars or less, and
which shall have been so seized for having been illegally imported into
the United States, the said collector of the customs, or other principal
officer of the revenue making such seizure, shall proceed as follows,
that is to say: he shall cause a list, containing a particular description
of the goods, wares, or merchandise, so seized, to be prepared in dupli-
cate, and an appraisement of the same to be made by two sworn ap-
praisers under the revenue laws, if there are such appraisers in such place
of seizure; and if the said seizure be made where there are no such
appraisers, then by two respectable and disinterested citizens of the
United States, residing at the place where the seizure may be made,
and to be selected by him for said purpose. The aforesaid list and ap-
praisement shall be properly attested by such collector or other officer
and the persons making the appraisement; and for which service said
appraisers shall be allowed, out of the revenue, the sum of one dollar
and fifty cents per day each. If the said goods shall be found by such
appraisers to be of the value of one hundred dollars or less, the said col-
lector or other officer shall publish a notice, for the space of three
weeks, in some newspaper of the county or place where the seizure was
made, describing the articles, and stating the time, place, and cause of
their seizure, and requiring any person or persons claiming them to
appear and make such claim within ninety days from the date of the
first publication of such notice: Provided, That any person or persons
claiming the goods, wares, or merchandise, so seized, within the time
specified in the notice, may file with such collector or other officer a
claim, stating his or their interest in the articles seized, and may exe-
cute a bond to the United States, in the penalty of two hundred and fifty
dollars, with two sureties, to be approved by the collector or other officer
referred to, conditioned that, in case of condemnation of the articles so
seized, the obligors will pay all the costs and expenses of the proceed-
ings to obtain such condemnation; and upon the delivery of such bond
to the collector or other officer mentioned, he shall transmit the same,
with the duplicate list and description of the goods seized, to the United
States district attorney for the district, who shall proceed thereon in the
ordinary manner prescribed by law: And provided, also, That if there
shall be no claim interposed and no bond given, within the time above
specified, the collector or other officer, as the case may be, shall give
twenty days' notice of the sale of the goods, wares, or merchandise, in
the manner before mentioned; and, at the time and place specified in
such notice, shall sell the articles so seized at public auction, and, after
deducting the expenses of appraisement and sale, he shall deposite the
proceeds to the credit of the Treasurer of the United States, as shall be
directed by the Secretary of the Treasury.

SEC. 2. And be it further enacted, That within one year after the sale of any goods, wares, or merchandise, in virtue of this act, any person or persons claiming to be interested in the goods, wares, or merchandise, so sold, may apply to the Secretary of the Treasury for a remission of the forfeiture thereof, or any of them, and a restoration of the proceeds of the said sale, which may be granted by the said Secretary, upon satisfactory proof, to be furnished in such manner as he shall prescribe: Provided, That it shall be satisfactorily shown that the ap plicant, at the time of the seizure and sale of the goods in question, and

If no application within one year, proceeds to be distributed.

Former provisions of law inthis, repealed.

consistent with

STATUTE I. April 4, 1844.

In case of vacancy of one of the present judges, his successor to reside in Alexandria.

Afterwards

during the intervening time, was absent out of the United States, or in such circumstances as prevented him from knowing of such seizure, and that he did not know of the same; and, also, that the said forfeiture was incurred without wilful negligence or any intention of fraud on the part of the owner or owners of such goods.

SEC. 3. And be it further enacted, That if no application for such restoration be made within one year, as herein before prescribed, then, at the expiration of the said time, the Secretary of the Treasury shall cause the proceeds of the sale of the said goods, wares, or merchandise, to be distributed according to law, as in the case of goods, wares, and merchandise, condemned and sold pursuant to the decree of a compe

tent court.

SEC. 4. And be it further enacted, That all provisions of any former law inconsistent with this act shall be, and the same are hereby, repealed.

APPROVED, April 2, 1844.

CHAP. X.- An Act requiring one of the judges of the circuit court for the Dis trict of Columbia hereafter to reside in Alexandria.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever hereafter a vacancy shall occur in the circuit court of the District of Columbia, by reason of the death, resignation, or removal, of any one of the judges now composing said circuit court, the vacancy so occa sioned shall be supplied by the appointment of some suitable person, whose duty it shall be to reside within the town of Alexandria, in said District of Columbia, during his continuance in office; and after the happening of such vacancy, as is herein before contemplated, one of the to reside there. judges of the said circuit court shall thenceforth always be required to reside in the said town of Alexandria: Provided, however, That nothing herein contained shall be so construed as to prevent, at any time, an exchange of re- exchange of residence between the judges of said court, should they think proper to make such exchange, so that some one of said judges shall at all times, after the next appointment hereafter to be made of a judge of said court, reside in the said town of Alexandria.

one of the

judges always

The judges

may make an

sidence between them to that end.

STATUTE I.

April 4, 1844. Act of Aug.23, 1842, ch. 186.

Repeal of so much of act as requires 2d regiment of dra

APPROVED, April 4, 1844.

CHAP. XI. — An Act to repeal so much of the act approved the twenty-third of August, one thousand eight hundred and forty-two, as requires the second regi ment of dragoons to be converted into a regiment of riflemen after the fourth day of March, one thousand eight hundred and forty-three. (a)

and

one thou

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the act entitled "An act respecting the organization of the army, for other purposes," approved the twenty-third day of August, goons to be con- sand eight hundred and forty-two, as requires the second regiment of dragoons to be converted into a regiment of riflemen after the fourth day of March, one thousand eight hundred and forty-three, be, and the same is hereby, repealed.

verted into a regiment of riflemen.

Regiment to

&c.

of

SEC. 2. And be it further enacted, That the present regiment be remounted, riflemen, formerly the second regiment of dragoons, shall, as soon as it can be effected after the passage of this act, be remounted, and called the second regiment of dragoons, and shall in all things be governed by the same organization and regulations as are provided by the act raising the first regiment of dragoons, entitled "An act for the more defence of the frontier," approved the second day of March,

1833, ch. 76.

(b) See notes to the act of July 5, 1838, chap. 162.

perfect

one thou

sand eight hundred and thirty-three, and shall, in all respects, be placed upon the same footing as the said first regiment of dragoons. APPROVED, April 4, 1844.

CHAP. XII.-An Act to change the time of holding the Spring term of the District Court of the United States for the Eastern District of Virginia, and of the Circuit Court of Alabama, (a)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Spring term of the District Court of the United States for the Eastern District of Virginia, which is now directed by law to commence on the first day of May in the borough of Norfolk, shall hereafter commence on the thirtieth day of May in each year: Provided, That whenever the day on which the term of said Court is herein provided for shall happen to be on Sunday, then the term of said Court shall commence on the following day :

SEC. 2. And be it further enacted, That from and after the passing of this act, all proceedings and process depending in, or issuing out of the said Court, which are, or may be made returnable to any other time for holding the Spring term of the said Court than as above specified, shall be deemed legally returnable on the day herein before prescribed and not otherwise. And that all suits and other proceedings in said Court, which stand continued to any other time, for the Spring term of said Court than as above specified shall be deemed continued to the time prescribed by this act, and no other.

SEC. 3. And be it further enacted, That hereafter the Spring term of the Circuit Court of the United States for the Fifth Judicial Circuit and Southern District of Alabama, shall commence on the third Monday in April; and the Fall term of said Court shall commence on the fourth Monday in December in each and every year, instead of the periods now fixed by law, and continued in session as long as the business may require.

SEC. 4. And be it further enacted, That if from any cause there should be a failure to hold the said Circuit Court at the periods designated in this act, the judges thereof shall have power, and are hereby authorized to hold an extra term of said Court at such time as they may think proper.

APPROVED, April 12, 1844.

CHAP. XIII.—An Act making appropriations for the support of the Military Academy for the fiscal year ending on the thirtieth day of June, eighteen hundred and forty-five.

STATUTE I.

April 12, 1844.

Spring term of District Court when to comof Virginia, mence.

Process, when returnable.

Terms of the Circuit Court when to comof Alabama, mence.

The Judges may hold an

extra term.

STATUTE I. April 12, 1844.

[Obsolete.]

year ending June 30, 1845.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Appropriations sums, in addition to unexpended balances, be, and the same are hereby for the fiscal appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the support of the Military Academy for the fiscal year commencing on the first day of July, eighteen hundred and fortyfour, and ending on the thirtieth day of June, eighteen hundred and forty-five.

For pay of officers, instructors, cadets and musicians, fifty-one thousand five hundred and thirty-eight dollars and thirty-three cents; for commutation of subsistence, thirty-three thousand one hundred and fifty dollars and forty-eight cents; for commutation of forage for officers' horses, two thousand nine hundred and sixty-seven dollars and sixty

Pay of officers,

&c.

Commutation,

&c.

Commutation, of forage, &c.

(a) See notes of the acts which relate to the District Court of Virginia, vol. 3, 478. Circuit Court of Alabama: act of Feb. 19, 1831, chap. 28; act of Feb. 22, 1838, chap. 12; act of March 3, 1839, chap. 81.

Proviso.

Commutation of clothing. Increase of library.

Other expen

ses.

STATUTE L

nine cents-Provided, That forage shall be allowed only for horses actually mustered; for commutation of clothing for their servants, four hundred and twenty dollars; for increase and expense of library, one thousand three hundred dollars; for the other various current and ordinary expenses, twenty-seven thousand four hundred and sixty-nine dollars.

APPROVED, April 12, 1844.

April 22, 1844. CHAP. XIV.-An Act making an appropriation of certain moneys in the Treasury for the naval service.

[Obsolete.]

Appropriation for increase, &c.

of the navy.

STATUTE I.

April 30, 1844. [Obsolete.]

Appropriations.

Invalid pensions. Pensions under act of 18th March 1818, ch. 19.

Under act of July 7, 1838, ch. 189, and

Aug. 23, 1842,

ch. 189.

Under act of July 4, 1836, ch. 362.

For deficiency in appropriations under

acts of March 3,
1843, ch. 76,
July 7, 1838,
ch. 189, and
Aug. 23, 1842,

ch. 19.
Proviso.

Sec. War may transfer appro.

priations under acts of July 7, 1838, ch. 189, and Aug. 23, 1842, ch. 189, to

pay arrearages under said acts, and act of March

3, 1843, ch. 76.

Half-pay pen

sions to widows and orphans.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of one hundred and sixteen thousand nine hundred and twenty-two dollars and seventy-nine cents, being the amount of proceeds of sales of certain condemned naval stores, be, and the same is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the increase, repair, armament and equipment of the navy, and wear and tear of vessels in commission.

APPROVED, April 22, 1844.

CHAP. XV.—An Act making appropriations for the payment of revolutionary and other pensioners of the United States, for the fiscal year ending on the thirtieth of June, one thousand eight hundred and forty-five.

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 the same are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the pensioners of the United States for the fiscal year commencing on the first day of July, one thousand eight hundred and forty-four, and ending on the thirtieth day of June, one thousand eight hundred and forty-five:

For invalid pensions, one hundred and eighty-four thousand eight hundred dollars;

For pensions under the act of eighteenth March, eighteen hundred and eighteen, one hundred and ninety-six thousand dollars;

For pensions under the act of July seventh, eighteen hundred and thirty-eight, and the act supplementary thereto, passed the twenty-third of August, eighteen hundred and forty-two, four hundred thousand dollars;

For pensions under the act of July the fourth, eighteen hundred and thirty-six, one hundred and thirty-four thousand two hundred and fifty dollars;

For supplying a deficiency in former appropriations for the fiscal year ending June thirty, one thousand eight hundred and forty-four, for pensions under the act of March three, one thousand eight hundred and forty-three, and under the act of seventh of July, eighteen hundred and thirty-eight, and the act of twenty-third of August, eighteen hundred and forty-two, forty thousand dollars: Provided, That the Secretary of War may direct the transfer of a part, not exceeding two hundred and twenty thousand dollars, of the sum of four hundred thousand dollars, appropriated in this act for the payment of pensions under the act of seventh of July, eighteen hundred and thirty-eight, and the act of twentythird August, eighteen hundred and forty-two, to the payment of arrearages under the said acts, and also under the act of third of March, eighteen hundred and forty-three;

For half-pay pensions to widows and orphans, payable through the Second and Third Auditor's offices, one thousand dollars;

For arrearages of pensions prior to July, eighteen hundred and fif

teen, payable through Third Auditor's office, two thousand dollars: Provided, That no pension shall be hereafter granted to a widow for the same time that her husband received one. And provided, also, That no person in the army, navy or marine corps shall be allowed to draw both a pension as an invalid and the pay of his rank or station in the service, unless the alleged disability for which the pension was granted, be such as to have occasioned his employment in a lower grade, or in some civil branch of the service.

APPROVED, April 30, 1844.

STATUTE I.

CHAP. XVI.-An Act giving the assent of Congress to the holding of an extra ses- April 30, 1844. sion of the Legislative Assembly of the Territory of Iowa.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of Congress is hereby given to the holding of an extra session of the Legislative Assembly of the Territory of Iowa, in the month of June, eighteen hundred and forty-four: Provided, That no portion of the expense of such extra session shall be paid by the Government of the United States. APPROVED, April 30, 1844.

[Obsolete.]

Extra session Assembly of of Legislative Iowa in 1844.

Proviso.

STATUTE I.

CHAP. XVII.—An Act for the relief of the citizens of towns upon the lands of the May 23, 1844. United States, under certain circumstances.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any portion of the surveyed public lands has been or shall be settled upon and occupied as a town site, and therefore not subject to entry under the existing pre-emption laws, it shall be lawful, in case such town or place shall be incorporated, for the corporate authorities thereof, and, if not incorporated, for the judges of the county court for the county in which such town may be situated, to enter, at the proper land office, and at the minimum price, the land so settled and occupied, in trust, for the several use and benefit of the occupants thereof, according to their respective interests; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such rules and regulations as may be prescribed by the legislative authority of the State or Territory in which the same is situated: Provided, That the entry of the land intended by this act be made prior to the commencement of the public sale of the body of land in which it is included, and that the entry shall include only such land as is actually occupied by the town, and be made in conformity to the legal subdivisions of the public lands authorized by the act of twentyfourth April, one thousand eight hundred and twenty, and shall not in the whole exceed three hundred and twenty acres; And provided, also, That any act of said trustees, not made in conformity to the rules and regulations herein alluded to, shall be void and of none effect: And provided, also, That the corporate authorities of the town of Weston, in the county of Platte, State of Missouri, or the county court of Platte county, in said State, shall be allowed twelve months, from and after the passage of this act, to enter at the proper land office, the lands upon which said town is situate. APPROVED, May 23, 1844.

When public

lands are occu-
pied as a town
site, corporate
authorities, &c.
to enter the
for the occu-
pants.

same in trust

Execution of

the trust, &c. to be regulated by the Legisla

ture.

Proviso.

Any act of

trustees not

made agreeable to regulations,

void.

Authorities of

Weston, &c,

STATUTE I.

CHAP. XVIII.-An Act to authorize the transfer of the names of pensioners from May 23, 1844. the agencies in the State of Kentucky to the agency in Cincinnati in the State of Ohio.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary VOL. V.-83