LAWS OF THE UNITED STATES. PUBLIC ACTS OF THE THIRTY-THIRD CONGRESS OF THE UNITED STATES, Passed at the Second Session, which was begun and held at the City of Washington, in the District of Columbia, on Monday, the 4th day of December, 1854, and ended on Sunday, the 4th day of March, 1855. FRANKLIN PIERCE, President; JESSE D. BRIGHT, President of the Senate pro tempore; LINN BOYD, Speaker of the House of Representatives. PUBLIC, I.-An Act for the better preservation of Life || consin Territory to form a constitution and State 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 be, and he is hereby, authorized to establish such additional stations on the coasts of Long Island and New Jersey, for affording aid to shipwrecked vessels thereon, to change the location of the existing stations, and to make such repairs and to furnish such apparatus and supplies as may, in his judgment, be best adapted to give effect to the objects of this act. SEC. 2. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, authorized to appoint a keeper, at a compensation not exceeding two hundred dollars, at each of the stations to be established under the provisions of the first section of this act, and a superintendent, who shall also have the powers and perform the duty of an inspector of the customs for each of the coasts therein mentioned, and to give said keepers and superintendents proper instructions relative to the duties to be required of them. SEC. 3. And be it further enacted, That no boat shall be purchased and located at any point other than on the coasts of Long Island and New Jersey, unless the same be placed in the immediate care of an officer of the Government, or unless bond shall be given by proper individuals, living in the neighborhood, conditioned for the care and preservation of the same and its application to the uses intended. SEC. 4. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, authorized to establish stations at such light-houses as, in his judgment, he shall deem best, and the keepers of such lights shall take charge of such boats and apparatus as may be put in their charge respectively as a part of their official duties. APPROVED, December 14, 1854. PUBLIC, II.-An Act to relinquish to the State of Wisconsin the Lands reserved for Salt Springs therein. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in lieu of the "twelve salt springs with six sections of land adjoining to each," heretofore granted to the State of Wisconsin for its use by the fourth clause of the seventh section of the act entitled "An act to enable the people of Wis government, and for the admission of such State into the Union," approved the sixth day of August, in the year eighteen hundred and forty-six, there be, and hereby is, granted to the said State of Wisconsin, to be selected by the Legislature of said State out of any public land subject to private entry, and to be sold in such manner as the Legislature may direct for the benefit and in aid of the university of said State, and for no other purpose whatever, seventy-two sections of land: Provided, That any selections of land heretofore made under the act entitled "An act to extend the time for selecting land granted to the State of Wisconsin for saline purposes," approved the fourth day of May, eighteen hundred and fifty-two, and which shall not have been sold by the United States, and is not legally claimed by preemption or otherwise, shall be, and hereby are, granted and confirmed to said State for the use of the university of said State as a part of the seventy-two sections hereby granted. APPROVED, December 15, 1854. PUBLIC, III.—An Act allowing the further Time of two years to those holding Lands by entries in the Virginia Military District in Ohio, which were made prior to the first of January, eighteen hundred and fifty-two, to have the same surveyed and patented. Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That the officers and soldiers of the Virginia line or Continental establishment, their heirs or assigns, entitled to bounty lands, which have, prior to the first day of January, anno Domini eighteen hundred and fifty-two, been entered within the tract reserved by Virginia between the Little Miami and Sciota rivers, for satisfying the legal bounties to her officers and soldiers upon Continental establishment, shall be allowed the time of two years from and after the passage of this act, to make and return their surveys and warrants or certified copies of warrants, to the General Land Office. APPROVED, December 19, 1854. sentatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to cause negotiations to be entered into with the Chippewa Indians for the extinguishment of their title to all the lands owned and claimed by them in the Territory of Minnesota and State of Wisconsin, which treaties shall contain the following provisions, and such others an may be requisite and proper to carry the same into effect: First. Granting to each head of a family, in feesimple, a reservation of eighty acres of land, to be selected in the territory ceded, so soon as surveys shall be completed, by those entitled; which said reservation shall be patented by the President of the United States, and the patent therefor shall expressly declare that the said lands shall not be alienated or leased by the reservees, or their heirs and legal representatives, until otherwise ordered by Congress, and no change of location shall be made without the assent of the President of the United States. Second. The annuities to which said Indians are entitled under existing treaties with the consent of said Indians, together with such as may be allowed them for the cession or cessions under the provisions of this act, shall be equally distributed and paid them at their villages, or settlements, within the limits of the ceded territory, but the President ties to be commuted from time to time for such shall be invested with power to cause said annuiarticles of goods, provisions, stock, cattle, implements of agriculture, the clearing and fencing of land, and the erection of buildings and other improvements, as, in his' discretion, will conduce most to promote their comfort, civilization, and permanent welfare. Third. All the benefits and privileges granted to said Indians shall be extended to and enjoyed by the mixed bloods belonging to or connected with the tribe, and who shall permanently reside on the ceded lands. Fourth. The laws of the United States and the Territory of Minnesota shall be extended over the Chippewa territory in Minnesota whenever the same may be ceded, and the same shall cease to be "Indian country," except that the lands reserved to said Indians, or other property owned by them, shall be exempt from taxation and execution, and that the act passed thirthieth June, eighteen hundred and thirty-four, "to regulate trade and intercourse with the Indian tribes," &c., be inoperative Be it enacted by the Senate and House of Repre- over the said ceded territory, except the twentieth PUBLIC, IV-An Act to provide for the Extinguishment of the Title of the Chippewa Indians to the Lands owned and claimed by them in the Territory of Minnesota and State of Wisconsin, and for their domestication and civilization. 33D CONG....2D SESS. section, which prohibits the introduction and sale of spirituous liquors to Indians. Fifth. The President shall have power to prescribe and enforce such rules and regulations, not inconsistent with the foregoing provisions, as he may deem necessary for the effectual execution of the purposes of this act, which said rules and regulations shall be annually reported to Congress. Sec. 2. And be it further enacted, That, for the purpose of defraying the expenses of said negotiations, the sum of $10,000 be, and the same is hereby, appropriated out of any money in the Treasury not otherwise appropriated. APPROVED, December 19, 1854. PUBLIC, V.-An Act to authorize the issue of Patents to Lands in any State or Territory in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in case of any claim to land in any State or Territory which has heretofore been confirmed by law, and in which no provision is made by the confirmatory statute for the issue of patents, it shall and may be lawful when surveys for the land have been or may hereafter be made, to issue patents for the claims so confirmed, upon the presentation to the Commissioner of the General Land Office of plats of survey thereof duly approved by the surveyor general of any State or Territory, if the same be found correct by the said Commissioner: Provided, That such patents shall only operate as a relinquishment of title on the part of the United States, and shall in no manner interfere with any valid adverse right, if such exist, to the same land, nor be construed to preclude a legal investigation and decision by the proper judicial tribunal between adverse claimants to the same land. APPROVED, December 22, 1854. PUBLIC, VI.—An Act to suppress the Circulation of lumbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person or persons, bodypolitic or corporate, within the District of Columbia, shall make, emit, issue, utter, sign, draw, or indorse, any bank note, promissory note, or any instrument of writing, for the payment or delivery of money, or other valuable thing, or of anything purporting to be a valuable thing, of a less amount than five dollars, to be used as a paper currency, or as a circulating medium, either as money, or in lieu of money or of any other currency, every such person, and every member, officer, or agent of such body-politic or corporate, concerned in, or assenting to such making, emitting, issuing, uttering, signing, drawing, or indorsing as aforesaid, for any of the purposes aforesaid, shall forfeit and pay the sum of ten dollars for each and every such bank note, promissory note, or instrument of writing so made, issued, emitted, uttered, signed, drawn, or indorsed, one half to the use of any person who shall sue therefor, and the other half to the county of Washington, District of Columbia. And, on the trial of any such cause, if the promissory note, bank note, or other instrument in question, be in part or in the whole printed or engraven, it shall be deemed sufficient evidence of an intention to put the same in circulation in violation of this act, unless the contrary be shown. SEC. 2. And be it further enacted, That it shall be unlawful for any person or persons, body-politic or corporate, to pass, or offer to pass, within the District of Columbia, any bank note, promissory note, or any instrument in writing of a less denomination or amount than five dollars, either as money, or in lieu of money or of any other currency, and any other person or persons, and every member, officer, or agent of such body-politic or corporate, violating the provisions of this section, shall forfeit and pay a sum of not less than five nor more than ten dollars for every such offense, one half to the use of the person who shall sue therefor, and the other half to the use of the county of Washington, District of Columbia. Laws of the United States. to the person or persons, body-politic or corporate, SEC. 4. And be it further enacted, That each and give information to some justice of the peace in said District of every violation of this law which may come to his knowledge. SEC. 8. And be it further enacted, That on the trial of any cause other than a criminal prosecution, under the provisions of this act, it shall be lawful for the court before whom such cause is pending to cause to be brought before said court, and examined as a witness, any defendant to any such suit, his agent, or employer, touching the matters and things in controversy, and to employ such process to effect the object aforesaid as is usual in other cases. SEC. 9. And be it further enacted, That this act shall be in force from and after the first day of November next; and that so much and such parts of all former acts as may be repugnant to this act be, and the same are hereby, repealed. APPROVED, December 27, 1854. PUBLIC, VII.-An Act vesting the Title of the United SEC. 5. And be it further enacted, That all contracts, whether written or verbal, hereafter made, thing purporting to be a valuable thing, the conto pay or deliver money or any valuable thing, or sideration whereof may be, either wholly or in part, any paper currency or circulating medium under five dollars, or other paper or currency prohibited by this act, shall be deemed and held to be illegal and void; and the person or persons suing on such contract, shall have no remedy in any court of law or equity; and, in any suit brought defendant, under the general issue, or any appro on such contract, it shall be competent for the priate special plea, to offer evidence of the nature or of the consideration of the contract so sued on; and on the defendant's making oath that he or she has not evidence sufficient to prove the nature or of the court before which such suit may be brought consideration of such contract, it shall be the duty to require the plaintiff or plaintiffs, or either or any of them, to be sworn to testify the truth in regard to the transaction; and if the plaintiff or plaintiffs shall not be present at the trial, to compel the attendance of such plaintiff or plaintiffs as a wit-assembled, That the sum of one thousand dollars ness or witnesses, and to postpone or continue the cause until such attendance can be procured; and if, after the whole evidence shall have been heard, it shall appear that the consideration, either wholly or in part, of the contract, was such paper cur- SEC. 6. And be it further enacted, That if any APPROVED, December 29, 1854. Expenses of the Territory of Nebraska. be appropriated to defray the contingent expenses for the government of the Territory of Nebraska for the remainder of the present fiscal year, the having been drawn from the Treasury by the late former appropriation of fifteen hundred dollars Governor Burt, and by reason of his death unavailable for the present, it being the true intent and meaning of this act that not more than fifteen hundred dollars shall be expended for said contingencies within this fiscal year. APPROVED, December 30, 1854. PUBLIC, IX.-An Act giving the consent of Congress And whereas, the State of New York, by an act of its Legislature, passed July twenty-first, A. D. eighteen hundred and fifty-three, accepted the sov ereignty and jurisdiction over that portion of the Territory of Massachusetts above described, and known as the district of Boston Corner, upon the terms and subject to the provisions expressed in said act of cession, as appears by certified copies of said acts filed in the office of the Clerk of the House of Representatives. And whereas, for the better defining the limits and extent of the Territory above mentioned, commissioners on behalf of said States of Massachusetts and New York, duly authorized for that purSEC. 7. And be it further enacted, That it shall pose, have caused an accurate survey and map to be the duty of the marshal of the District of Co-be made of said Territory, and sufficient monulumbia, and of every constable of said District, to SEC. 3. And be it further enacted, That any per-passed and expired. son or persons, body-politic, or corporate, holding any such bank note, promissory note, or instrument in writing, may present the same for payment ! ments to be erected in and along its eastern bound Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of seven thousand one hundred and eighty-six dollars and ninety-two cents is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to enable the Secretary of the Interior to liquidate the present indebtedness of the penitentiary in the District of Columbia. APPROVED, January 3, 1855. PUBLIC, XI.—An Act authorizing the Washington Gas-Light Company to increase the Capital Stock of said Company. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Washington Gas-Light Company be, and the same hereby is, authorized to increase the capital stock thereof one hundred and fifty thousand dollars. SEC. 2. And be it further enacted, That the said stock shall be subscribed on the books of said company, in shares of twenty dollars, and the holders of the said increased certificates of stock shall be held subject to the same liability as is provided in the eleventh section of the original act of incorporation, approved July eight, eighteen hundred and forty-eight. APPROVED, January 3, 1855. PUBLIC, XII.-An Act to amend an act entitled "An act to establish an Auxiliary Watch for the protection of Public and Private Property in the city of Washington," approved August twenty-three, eighteen hundred and forty-two. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each of the said auxiliary watch shall receive an annual compensation of six hundred dollars, commencing with the present fiscal year, to be paid out of any money in the Treasury not otherwise appropriated. SEC. 2. And be it further enacted, That so much of the above recited act, and of the act approved March three, eighteen hundred and fifty-three, fixing the compensation of the said Auxiliary Watch, be, and the same is hereby, repealed. APPROVED, January 3, 1855. PUBLIC, XIII.-An Act to continue in force for a limited time the provisions of the act of Congress of third March, eighteen hundred and fifty one, and the second section of its supplement of eighteenth January, eighteen hundred and fifty four, so as to enable the Board of Land Commissioners in California to close their adjudications of Private Land Titles in that State, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the act of Congress approved third March, eighteen hundred and fifty-one," to ascertain and settle the private land claims in the State of California," and of the second section of the act of eighteenth January, eighteen hundred and fifty-four, continuing the same in force, be further continued in force for the term of one year, and no longer, from the third of March, eighteen hundred and fifty-five. SEC. 2. And be it further enacted, That the United States district attorney for the northern district of California be, and he is hereby, authorized to employ assistant counsel to aid him in defending the interests of the United States in the land suits for the adjudication of such claims before the district court, at a salary not exceeding three thousand six hundred dollars per annum, and also to employ such clerical force not exceeding two persons, at a compensation of one hundred and fifty dollars per month each, the services of said assist APPROVED, January 10, 1855. PUBLIC, XIV.-An Act to incorporate the Mutual Fire Insurance Company of the District of Colum bia. which said person is responsible, and return any amount of money which may be due said person on the books of the company; and such person shall be debarred from all claims on this company for any loss or damage by fire subsequent to the time of such withdrawal and the canceling such insurance: Provided, That such premium note or notes shall not be canceled, or in any manner discharged or given up, until all such arrearages are paid, and also all assessments thereupon to be thereafter made on account of liabilities of the company incurred before or at the time of such withdrawal. SEC. 6. And be it further enacted, That the affairs of said corporation shall be conducted by a board consisting of seven managers, to be elected at the annual meetings of the members, and to continue in office until successors are chosen; not less than a majority of whom shall be a quorum to do busi time. Vacancies happening in said board may be filled by the remaining managers for the remainder of the year for which they were elected. The board shall choose one of their number as president, and appoint a secretary and treasurer and such other officers as may be necessary for conducting the affairs of said corporation. Be it enacted by the Senate and House of Representatives of the United States of America in Congressness, but a less number may adjourn from time to assembled, That Ulysses Ward, Thomas Blagden, F. Howard, J. C. McKelden, John Van Reswick, P. W. Browning, and Matthew G. Emery, and their present and future associates, are hereby declared to be a body-politic and corporate under the name and style of the Mutual Fire Insurance Company of the District of Columbia; and by the shall be able to sue and be sued, plead and be same name shall have perpetual succession; and impleaded, in all courts of law and equity in the District of Columbia and elsewhere; and to make and to have a common seal, and the same to break, SEC. 7. And be it further enacted, That the persons named in this act be, and they are hereby, appointed a board of managers of the said Mutual Insurance Company until the first annual meeting, and until their successors are chosen, as herein alter, and renew at pleasure; to ordain and estab- provided; and such of them as shall be present at lish such by-laws, ordinances, and regulations, their first meeting may proceed to organize, by and generally to do such acts and things as are or electing a president and secretary thereof, and as may be necessary to carry into effect this act and soon thereafter as practicable, adopt by-laws, propromote the objects and designs of this corpora-vide the necessary books, and otherwise prepare tion. poses and designs of this corporation shall be to SEC. 2. And be it further enacted, That the purinsure the respective dwelling houses and other buildings, furniture, and every description of property of the members thereof, against loss or damage by fire. pany at any annual meeting, and two thirds of the votes shall decide; and any alteration thus made shall be binding on all the members of the company. the company for the transaction of business, and, when so prepared, to exercise a general superintendence of the affairs of the company: Provided, That the said by-laws shall only be made by the concurrent vote of at least two thirds of the whole board of managers, exclusive of the president; and any alteration or amendment shall only be made ital stock of this company shall consist of the SEC. 3. And be it further enacted, That the cap-by a general meeting of the members of the compremium notes given by the insured and of the cash paid in as interest on said premium notes, which cash shall never exceed twenty thousand dollars. Said notes shall be payable on demand, and shall constitute and be a lien to the amount thereof, respectively, upon all buildings insured by said company, and the land upon which they stand, and the appurtenances to such land, and upon the estate and interest, legal or equitable, of the assured in such buildings, lands, and appurtenances, and upon the other property insured by said company in consideration thereof: Provided, That said company shall file in the office of the clerk of the circuit court of the District of Columbia a memorandum of the name of the individual insured, a description of the property, and the amount of the premium note unpaid; and the said note, upon the filing of said memorandum, shall be deemed and taken to be in all respects as a judgment entered upon confession by virtue of a warbe had thereon for so much as by virtue of the rant of attorney, and execution may at any time provisions of this act may be due and demeanable; but the lien thereof shall commence with the filing of the memorandum in the said office: Provided, That such lien shall not be construed to take from such person insured as aforesaid the privilege of a freeholder: Provided further, That the privileges, immunities, and franchises granted by this act shall be confined to the District of Columbia. SEC. 8. And be it further enacted, That the managers may determine the rates of insurance, the sum to be insured, and the rate of interest to be paid upon the deposit notes, provided it shall not exceed six per centum per annum; but no more than five thousand dollars shall be insured on any one risk, unless the premium notes shall amount to over one hundred thousand dollars, and in that case no risk to exceed five per centum on the whole amount of premium notes. SEC. 9. And be it further enacted, That every person who shall become a member of said corporation by effecting insurance therein, shall, before he receives a policy, deposit his promissory note for such sum and upon such interest, not exceeding six per centum per annum, as may be determined by the managers; and said note, and all interest paid thereon, shall be liable, in part or the whole, at any time, when the managers shall deem the same requisite for the payment of losses and such incidental expenses as may be necessary for transacting the business of said company, in proportion to the amount of said notes. SEC. 10. And be it further enacted, That suits may be commenced by any member against this corporation for damages sustained by fire, if payment is withheld for more than sixty days after the company are duly notified of the same; and no member of this corporation, not being in his indi SEC. 4. And be it further enacted, That all persons who shall hereafter insure with said corporation, and also their heirs, executors, administra-vidual capacity a party to such suit, shall be incomtors, and assigns, continuing to be insured by said corporation, shall thereby become members thereof during the period they shall remain insured by said corporation, and no longer. SEC. 5. And be it further enacted, That any member of the said corporation shall have full power to withdraw therefrom at any time by applying to the proper officer thereof, and paying any arrearages of assessments that he may then owe the company, when the said officer shall cancel such insurance or insurances as may be in the name of the person or persons so withdrawing; and also cancel such premium note or notes for petent as a witness in such suit on account of his being a member of said company. SEC. 11. And be it further enacted, That whenever the managers shall deem it necessary, for the purpose of paying losses, or the current expenses of said company, or both, to call for the payment of any portion of the principal of the deposit notes, they shall settle and determine the sum to be paid by the several members of said company, which shall always be in proportion to the original amount of the respective deposit notes, and shall give each of said members notice thereof, in such manner as the by-laws shall have prescribed; and 33D CONG....2D SESS. if any member shall, for the space of thirty days after receiving such notice, refuse or neglect to pay the sum assessed upon him, in such case the managers may proceed to collect the whole amount of such deposit note, with all costs accruing thereon; and the amount thus collected shall remain in the treasury of the company, subject to the same liabilities as said note or notes would have been liable to. SEC. 12. And be it further enacted, That the general meetings of this company shall be held annually, the time and place to be determined by the managers; also, it shall be the duty of the president to call a meeting of the company whenever requested to do so by twenty of its members. The election of managers shall be held at the annual meetings, and be by ballot, each member having one vote for each risk held by him. It shall also be the duty of the managers of said corporation to cause to be published annually, in a newspaper published in the city of Washington, the amount of the premium notes and cash on hand, and securities held by them, and the amount of losses, if any, during the previous year, and such other matters relating to the business of said company, as they may think proper; said publication to be at least two weeks previous to the annual meeting of the members of the company; and of said meetings notice shall be given in two newspapers published in the city of Washington, at least two weeks previous thereto. Laws of the United States. to register the bark Foundling, of Boston, she PUBLIC, XVII.—An Act to authorize the issue of a Be it enacted by the Senate and House of Repre- assembled, That there be issued, under the direction APPROVED, January 31, 1855. at any one time, and may manage and dispose of the same at pleasure, and apply the same, or the proceeds of the sales thereof, to the uses and purposes of the said corporation, according to the rules and regulations which now are, or may hereafter be, established. SEC. 2. And be it further enacted, That Congress may at any time hereafter alter, amend, or repeal the foregoing act. SEC. 3. And be it further enacted, That nothing in this act shall be so construed as to authorize the said corporation to issue any note, token, device, scrip, or other evidence of debt, to be used as a currency. SEC. 4. And be it further enacted, That each of liable in his or her individual capacity for all the the trustees in the said corporation shall be held debts and liabilities of the said company, however contracted or incurred, to be recovered by suit, as other debts or liabilities, before any court of competent jurisdiction. APPROVED, February 6, 1855. PUBLIC, XXI.-An Act changing the Appropriation for the erection of a Building in the City of Milwaukie for a Custom-House, Post Office, and the United States Courts. PUBLIC, XVIII.-An Act making Appropriations for the construction of certain Military Roads in the Territories of Nebraska and Washington. Be it enacted by the Senate and House of Representatives of the United States of America in Congress sentatives of the United States of America in Congress SEC. 13. And be it further enacted, That nothing assembled, That the following sums of money be, in this act shall be construed to grant banking and the same are hereby, appropriated for the privileges, or the right to issue any note in the construction of military roads in the Territories of Nebraska and Washington, to wit: For the connature of a bank note, or to circulate as money or currency. It shall, however, be lawful for said struction of a military road from the Great Falls company to employ and improve all moneys reof the Missouri river, in the Territory of Nebraska, to intersect the military road now established leadceived by them, and the profits thereof, in such manner as the managers deem best for the interesting from Walla-Walla to Puget's Sound, thirty thousand dollars; for the construction of a military of the company, except as above prohibited, and road from the Dalles of the Columbia to Columbia except in the purchase of real estate. And all real estate purchased by said company for the purposes City barracks, twenty-five thousand dollars; for the construction of a military road from Columof collecting or securing debts, shall escheat to the bia City barracks to Fort Steilacoom or Puget's Government of the United States, unless the same shall have been sold and disposed of, and passed Sound, thirty thousand dollars. The said military roads shall be constructed under the direction bona fide from the possession and ownership of of the Secretary of War. said corporation, within three years next succeeding such purchase: Provided, Said company may hold property that may be absolutely necessary for the transaction of their corporate business. SEC. 14. And be it further enacted, That this act shall be in full force and effect from its passage. SEC. 15. And be it further enacted, That Congress reserves to itself the right to change, alter, repeal, or annul this act, or any part thereof, at their pleasure. SEC. 16. And be it further enacted, That the members of said corporation shall each be liable in his or her individual capacity for all debts created by said corporation in favor of persons not members thereof. APPROVED, January 10, 1855. PUBLIC, XV.-An Act to authorize the Secretary of the Treasury to issue a Register to the Bark Martha. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be issued, under the direction of the Secretary of the Treasury, a register for the bark Martha, of Charleston, in the State of South Carolina, formerly a British vessel, called the Aquatic, but now owned by John W. Caldwell, a citizen of the State of South Carolina, the said vessel having been brought into the port of Charleston in a disabled condition, and condemned as unseaworthy and sold, and which he caused to be repaired and refitted for sea: Provided, It shall be proved to the satisfaction of the Secretary of the Treasury that the cost of the repairs made in the United States, after the purchase of the said vessel by the present owner exceeds three fourths of the original cost of building a vessel of the same tonnage in the United States. APPROVED, January 25, 1855. PUBLIC, XVI.-An Act to authorize the issue of a APPROVED, February 6, 1855. PUBLIC, XIX.—An Act to change the Names of the American-built vessels J. H. Holmes and Franklin Be it enacted by the Senate and House of Repre- SEC. 2. And be it further enacted, That the Sec- APPROVED, February 6, 1855. PUBLIC, XX.-An Act to Incorporate St. Joseph's sentatives of the United States of America in Congress Be it enacted by the Senate and House of Repreassembled, That in lieu and place of the appropri ation and provision in section two of chapter two hundred and forty-two, approved August fourth, eighteen hundred and fifty-four, for the erection of a building therein described, in the city of Milwaukie, the Secretary of the Treasury is hereby authorized and directed to cause to be constructed, at the said city of Milwaukie, for the accommodation of the custom-house, post office, and United States courts, a building of stone or brick, with fire-proof floors constructed of iron beams and brick work, iron roof, shutters, and sills; eightyfive feet by sixty feet, sixty feet in height from thousand dollars, which said sum of eighty-eight the foundation; to cost not more than eighty-eight thousand dollars, with ten per cent, on the said sum for cost of superintendence of erection, and other contingent expenses, is hereby appropriated for this object, out of any moneys in the Treasury not otherwise appropriated. APPROVED, February 10, 1855. PUBLIC, XXII-An Act to secure the right of Citizenship to Children of Citizens of the United States, born out of the limits thereof. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That persons heretofore born, or hereafter to be born, out of the limits and jurisdiction of the United States, whose fathers were, or shall be at the time of their birth, citizens of the United States, shall be deemed and considered, and are hereby declared, to be citizens of the United States: Provided, however, That the rights of citizenship shall not descend to persons whose fathers never resided in the United States. SEC. 2. And be it further enacted, That any woman who might lawfully be naturalized under the existing laws, married, or who shall be married, to a citizen of the United States, shall be deemed and taken to be a citizen. APPROVED, February 10, 1855. PUBLIC, XXIII.-An Act for the relief of the West 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 be, and he is hereby, authorized to refund to the West Feliciana Railroad Company the amount paid by them in judgments obtained against said company by suits instituted on duty bonds given by said company for the importation of certain bars of railroad iron imported at New Orleans in the month of July, eighteen hundred and thirty-six, and at New York in the same month of the same year: Provided, That it shall appear to the satisfaction of the Secretary of the Treasury that the said railroad bars have been and are now permanently laid down upon the railroad of the aforesaid company, except such part thereof as may be proved 33D CONG....2D SESS. to the satisfaction of said Secretary to have been lost by the sinking of the steamboat Choctaw in an attempt to transport the same from New Orleans to Bayou Sara. SEC. 2. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, authorized to refund to the Georgia Railroad and Banking Company the duties collected on certain railroad iron imported by said company: Provided, That the said company shall prove to the satisfaction of the Secretary of the Treasury that the rails so imported were actually laid down at or about the time when the rails of the Red River Company, the Central Railroad and Banking Company of Georgia, and the Monroe Railroad Company were laid down-on the rails of which companies Congress has already remitted the duties. APPROVED, February 10, 1855. PUBLIC, XXIV.-An Act to divide the State of Illi nois into two Judicial Districts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Illinois be, and the same is hereby, divided into two judicial districts, in the manner following, to wit: The counties of Hancock, McDonough, Peoria, Woodford, Livingston, and Iriquois, and all the counties in the said State north of them, shall compose one district, to be called the northern district of Illinois, and courts shall be held for the said district at the city of Chicago; and the residue of the counties of the said State shall compose another district, to be called the southern district of Illinois, and courts shall be held for the same at the city of Springfield. Sec. 2. And be it further enacted, That there shall be two terms of the circuit and district courts begun and held in each of said districts, to wit: At the city of Chicago, for the northern district, on the first Monday in July and third Monday in December; and at the city of Springfield, for the southern district, on the first Monday in March and the first Monday in October, in each year; and the said courts are hereby authorized to hold adjourned terms when the business shall, in the opinion of the courts, require it. SEC. 3. And be it further enacted, That all suits, and other proceedings, of whatever name or nature, now pending in the circuit or district courts of the United States for the district of Illinois, shall be tried and disposed of in the circuit and district courts, respectively, for the northern district of Illinois, in the same manner as the same would have been in case said State had not been divided into two districts, and for that purpose the jurisdiction is reserved to the said courts in the northern district; and the clerk of the circuit and district courts for the present district of Illinois shall remove the records and files of the said circuit and district courts to the city of Chicago, and do and perform all duties appertaining to his office within the northern district. And all process or other proceedings, taken or issued, or made returnable to the circuit or district courts of the present district of Illinois, shall be returnable at the next term of the said courts, respectively, in the northern district of Illinois. SEC. 4. And be it further enacted, That upon application of any party to any suit now pending which would have been commenced in the southern district if this act had been in force before the commencement of the said suit, the proper court may, and if all parties consent, shall order that the same be removed for further proceedings to the proper court for the southern district; and thereupon the clerk shall transmit all the papers in the cause, with a transcript of all orders taken therein to the clerk of the court to which the suit shall be removed, and all further proceedings shall be had in said court as if the said suit had been originally commenced therein. SEO. 5. And be it further enacted, That the present judge of the district of Illinois be, and is hereby, assigned to the northern district of Illinois. SEG. 6. And be it further enacted, That final process on any judgment or decree entered in the circuit or district courts of the United States for the district of Illinois, and all other process for the enforcement of any order of said courts, respectively, in any cause now pending therein, except Laws of the United States. causes removed, as hereinbefore provided, shall be issued from, and made returnable to, the proper court for the northern district of Illinois, and may be directed to and executed by the marshal of the said northern district in any part of the said State. SEC. 7. And be it further enacted, That there be appointed a district judge for the [the] said southern district of Illinois, and the district judge of each of the said districts shall be entitled to an annual salary of twenty-five hundred dollars. SEC. 8. And be it further enacted, That the present district attorney for the district of Illinois shall be the district attorney for the northern district; the present marshal of the district of Illinois shall be the marshal for the northern district; and the present clerk of the courts for the district of Illinois, shall be the clerk of the courts for the northern district during their respective official terms. SEC. 9. And be it further enacted, That there be appointed a district attorney, a marshal, and a clerk of the court for the southern district. APPROVED, February 13, 1855. PUBLIC, XXV.-An Act to continue temporarily the Offices of Register and Receiver at Vincennes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the offices of register and receiver after a final report shall have been made by the shall be continued at Vincennes, Indiana, until approved July twenty-seventh, eighteen hundred commissioners pursuant to the act of Congress, and fifty-four, entitled "An act to ascertain and adjust the titles to certain lands in the State of Indiana," and the act of Congress approved twelfth June, eighteen hundred and forty, for the discontinuance of land offices under certain circumstances shall not apply to the offices at Vincennes twenty-seventh July, eighteen hundred and fiftyuntil the services required, by the aforesaid act of four, of the commissioners shall have been fully performed. APPROVED, February 13, 1855. PUBLIC, XXVI.-An Act to Refund to the Officers of the Customs and others, of the District of Passama quoddy, certain Moneys. 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 be, and hereby is, authorized and directed, out of any moneys in the Treasury not otherwise appropriated, to pay to the late officers of the customs of the district of Passamaquoddy, and informers, their proportion of the net proceeds of sale, by virtue of existing laws, arising from the condemnation of the schooners L'Etang and Josephine, and the bark Phenix, for a violation of the revenue laws in the district of Maine; the same having been wrongfully paid into the Treasury of the United States through mistake. APPROVED, February 14, 1855. PUBLIC, XXVII.-An Act to divide the State of Ohio into two Judicial Districts, and to provide for holding || the District and Circuit Courts of the United States therein. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Ohio be, and the same is hereby, divided into two judicial districts, in the following manner, to wit: The counties of Belmont, Guernsey, Muskingum, Licking, Franklin, Madison, Champaign, Shelby, and Mercer, together with all that part of the State lying south of the above mentioned counties, shall compose one district, to be called the southern district of Ohio, and a court shall be held for the said district at the city of Cincinnati, and all the remaining part of the said State shall compose another district, to be called the northern district of Ohio, and a court shall be held for the same in the city of Cleveland, in said State. SEC. 2. And be it further enacted, That there shall be two terms of the circuit and district courts begun and held in each of said districts, to wit: At the city of Cincinnati, for the southern district, on the third Tuesdays of April and October, and at the city of Cleveland, for the northern district, on the second Tuesdays of July and November, in each year; and the said courts are hereby authorized to hold adjourned terms, when the business before the court shall, in the opinion of the court, require it. SEC. 3. And be it further enacted, That all suits and other proceedings, of whatever name or nature, now pending in the circuit or district courts of the United States for the district of Ohio, shall be tried and disposed of in the circuit and district courts, respectively, for the southern district of Ohio, in the same manner as the same would have been in case said State had not been divided into two districts; and for that purpose the jurisdiction is reserved to said courts in the southern district, and the clerk of the circuit and district courts, for the present district of Ohio, shall remove the records and files of the said circuit and district courts to the city of Cincinnati, and do and perform all the duties appertaining to his office within the southern district, and all process and other proceedings taken or issued, or made returnable to the circuit or district court for the present district of Ohio, shall be returnable at the next term of the said courts, respectively, in the southern district of Ohio. SEC. 4. And be it further enacted, That upon the application of any party to any suit now pending, which would have been commenced in the northern district, if this act had been in force before the commencement of said suit, the proper court may, and, if all parties consent, shall order that the same be removed for further proceedings to the proper court for the northern district; and therefore the clerk shall transmit all the papers in the cause, with a transcript of the order of the removal, to the clerk of the court to which the suit shall be removed, and all further proceedings shall be had in said court as if the suit had been originally commenced therein. SEC. 5. And be it further enacted, That the present judge of the district of Ohio be, and he is hereby, assigned to hold said courts in the southern district of Ohio, and shall exercise the same jurisdiction and perform the same duties, within said district, as he now exercises and performs within his present district. SEC. 6. And be it further enacted, That final process upon any judgment or decree entered in the circuit or district court of the United States for the district of Ohio, and all other process, for the enforcement of any order of said courts, respectively, in any cause now pending therein, except causes removed as herein before provided, shall be issued from, and made returnable to, the proper court for the southern district of Ohio, and may run and be executed by the marshal of said southern district in any part of said State. SEC. 7. And be it further enacted, That there be appointed a district judge for the said northern district of Ohio, who shall possess the same powers, and do and perform all such duties in his district as are now enjoined or in any wise appertaining to the present district judge for the district of Ohio, and the district judge of each district shall be entitled to the same compensation as by law is provided for the present judge for the district of Ohio. SEC. 8. And be it further enacted, That there be appointed one person as district attorney, and one person as marshal, for said southern district, whose terms of appointment and service, as well as duties and emoluments, shall be the same with those respectively appertaining to the said offices in the district of Ohio; and said marshal shall give the same bond that other marshals are required to give, to be approved and recorded as now directed by law: Provided, That the present district attorney of the district of Ohio shall be the district attorney of the northern district, but shall retain the charge of all suits already commenced until final termination, unless the President of the United States shall otherwise direct, and the present marshal of the district of Ohio shall be the marshal of the northern district, during their respective official terms. SEC. 9. And be it further enacted, That all suits hereafter to be brought in either of said courts, not of a local nature, shall be brought in the court of the district where the defendant resides; but if there be more than one defendant, and they reside in different districts, the plaintiff may sue in either and send a duplicate writ against the defendants, |
