Witnesses to enter into recog nizance. Warrant issue. attorney of the United States for any district, and upon satisfactory proof of the materiality of the testimony of any person who shall be a competent witness, and whose testimony shall, in the opinion of any judge of the United States, be necessary upon the trial of any criminal cause or proceeding in which the United States shall be a party or interested, any such judge may compel such person, so required or deemed by him necessary as a witness, to give recognizance, with or without sureties in his discretion, to appear on the trial of said cause or proceeding and give his testimony therein; and, for that purto pose, the said judge may issue a warrant against such person, under his hand, with or without seal, directed to the marshal or other officer authorized to execute criminal or civil process in behalf of the United States, to arrest such person and carry him before such judge. And in case the person so arrested shall neglect or refuse to give said recognizance in the manner required by said judge, the said judge may issue a warrant of commitment against such person, which shall be delivered to said officer, whose duty it shall be to convey such person to the prison mentioned in said mittimus. And the said person shall remain in confinement until he shall be removed to the court for the purpose of giving his testimony, or until he shall have given the recognizance required by said judge. Penalty for refusal to give re cognizance. Witness to remain in confine ment Part of the act of 1838, ch. 182, repealed. An additional session of the Circuit Court for the Northern District of New York to be held at Albany. Process or pro reason of the change. SEC. 8. And be it further enacted, That so much of the act entitled "An Act to increase and regulate the Terms of the Circuit and District Courts for the Northern District of New York," passed July seventh, eighteen hundred and thirty-eight, as requires all issues of fact in the said Circuit Court in which the cause of action shall have arisen west of the line in the said act for that purpose designated to be tried at the term of said Circuit Court to be held at Canandaigua, and all issues of fact in the said court which shall have arisen east of the said line to be tried at Albany, be, and the same is hereby repealed. And that, in addition to the courts now provided by law to be held in the Northern District of New York, a stated session of the Circuit Court of the United States for said Northern District shall be held annually at the City Hall, in the city of Albany, on the third Tuesday of May. SEC. 9. And be it further enacted, That no process issued or proceedings not to ceedings pending in either of the said courts shall be avoided or imbe affected by paired by the change hereby made in the time and place of holding such court; but all process, bail bonds, and recognizances, returnable at either of the times and places hereby altered, shall be deemed and held to be returnable at the time and place herein designated in lieu thereof, in the same manner as if the same had in terms been made so returnable, and shall have full effect accordingly. And all continuances may be made to conform to the provisions of this act. Term of District Court at Auburn. Time of holding the term at Buf falo changed. Process to com pel attendance of witnesses on be nalf of criminals. SEC. 10. And be it further enacted, That hereafter a term of the District Court for the Northern District of New York shall be held in the village of Auburn, on the third Tuesday in August in each year. And it is further provided, That the term of the District Court now required by law to be held at the city of Buffalo, on the second Tuesday of October in each year, shall hereafter be held on the second Tuesday of November in each year. SEC. 11. And be it further enacted, That, whenever any indictment shall be pending in any court of the United States, and any defendant thereto shall make an affidavit setting forth that there are witnesses whose evidence is material to his defence, and that he cannot safely go to trial without them, what he expects to prove by each of them, that they are within the district in which the court is held, or within one hundred miles of the place of trial, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such wit nesses, the court in term, or any judge thereof in vacation, may, if it appear proper to do so, order that such witnesses be subponed, if found within the limits aforesaid; and in such case, the costs incurred by such process and the fees of such witnesses shall be paid in the same manner that similar costs and fees are paid in case of witnesses subponed in behalf of the United States. SEC. 12. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act shall be, and the same are hereby, repealed: Provided, nevertheless, That they shall be and remain in full force for the punishment of any crime or offence committed before the passing of this act. APPROVED, August 8, 1846. Fees & costs, how to be paid. Inconsistent acts repealed except as to crimes already committed. CHAP. XCIX.-An Act to attach to the Fort Wayne Land District certain Tracts of Land lying within the Limits of that District which are not now attached to any District. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the lands in the State of Indiana which lie north of the township line dividing townships twenty-three and twenty-four, and east of the range line dividing ranges four and five east, which lie south of the Wabash River, be, and the same are hereby, attached to the Fort Wayne land district; and all that tract of land which lies north of the township line dividing townships twenty-three and twenty-four, and west of the range line dividing ranges four and five east, and east of the east line of the Crawfordsville land district, be attached to and shall form a part of the Winnemac land district; and all the lands lying south of the said township line, dividing the said townships twenty-three and twentyfour, which were heretofore within the limits of the Fort Wayne land district, including the portions of the late Miami cessions south of said line, be, and the same are, attached to the Indianapolis land district; and all lands lying within any of the aforesaid land districts, which may not have been offered for sale, shall hereafter constitute a part of the land district in which they respectively lie. APPROVED, August 8, 1846. Aug. 8, 1846. Certain lands attached to Fort trict in Indiana. Wayne land dis CHAP. C.-An Act to provide for the Distribution of the Edition of the Laws and Treaties of the United States published by Little & Brown, under the Provisions of the Resolution of Congress approved March third, eighteen hundred and forty-five, 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 one thousand copies of Little & Brown's edition of the Laws and Treaties of the United States, already purchased by Congress, be distributed, under the direction of the Secretary of State, as follows: One copy to the President, and one copy to the Vice-President of the United States. One copy to each of the justices of the Supreme Court of the United States, and to the clerk of said court. One copy to each of the heads of departments, and one copy to the Attorney-General of the United States. One copy to each of the several States and Territories of the Union, to be placed in the library of such State or Territory. One copy each to the governments of Great Britain, France, Russia, Austria, Prussia, Spain, Portugal, Sweden, Denmark, Bavaria, The Netherlands, Belgium, Sardinia, Greece, Turkey, Tuscany, The Ecclesiastical States, the Two Sicilies, China, Brazil, Mexico, New Grenada, Venezuela, Chili, Peru, the Argentine Confederation, and the Sandwich Islands. Forty copies to the heads of departments, for the use of their various offices and bureaus. Two hundred and eighty copies to the librarian of Congress, for the use of the members of the Senate and House of Representatives during the sessions of Congress. Four copies to the law library of Congress. Twenty copies to the secretary of the Senate, and fifty copies to the clerk of the House of Representatives, for the chambers and committee rooms of the two branches. One copy to the judge, and one copy to the district attorney, and one copy to the clerk, of each of the District Courts of the United States. One copy to each of the judges and clerks of the Supreme Courts of the Territories and District of Columbia. One copy to each collector of customs in the United States. One copy to each surveyor of the customs at places where there is no collector. One copy to each of the surveyors-general of the public lands, and to each register and receiver of the land offices. One copy to each of the foreign ministers of the United States. One copy to the library of each navy yard in the Union; one to the naval lyceum at Brooklyn, New York; one to the naval school at Annapolis, Maryland; one to the naval institute at Charlestown, Massachusetts; and one copy to the Military Academy at West Point. And the residue of said thousand copies shall remain at the future disposal of Congress: Provided, That the copies of the Laws thus distributed to public officers shall be held for the use of their respective offices, and as the property of the government; and that, in case of the death, resignation, or dismission from office, of either of said officers, or whenever their terms of office shall expire, the said copies of the Laws shall be delivered up to their successors in said offices; and a printed copy of this proviso shall be inserted into each of the volumes thus distributed. SEC. 2. And whereas said edition of the said Laws and Treaties of the United States has been carefully collated and compared with the original rolls in the archives of the government, under the inspection and supervision of the Attorney-General of the United States, as duly certified by that officer; therefore, Be it further enacted, That said edition of the Laws and Treaties of the United States, published by Little & Brown, is hereby declared to be competent evidence of the several public and private acts of Congress, and of the several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof. APPROVED, August 8, 1846. Aug. 8, 1846. 21 of the act of 1842, ch. 202, repealed. CHAP. CI. - An Act to provide for the more effectual Publication of the Laws of the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the twentyfirst section of the act entitled "An Act legalizing and making Appropriations for such necessary Objects as have usually been included in the general Appropriation Bills, without Authority of Law, and to fix and provide for certain incidental Expenses of the Departments and Offices CHAP. CII.- An Act for the Allowance of Drawback on foreign Merchandise imported into certain Districts of the United States from the British North American Provinces, and exported to foreign Countries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any merchandise imported from the British North American provinces adjoining the United States which shall have been duly entered and the duties thereon paid or secured according to law at either of the ports of entry in the collection districts situated on the northern, north-eastern, and north-western frontiers of the United States, may be transported by land or by water, or partly by land and partly by water, to any port or ports from which merchandise may, under existing laws, be exported for benefit of drawback, and be thence exported with such privilege to any foreign country: Provided, That such exportations shall be made within one year from the date of importation of said merchandise, and that existing laws relating to the transportation of merchandise entitled to drawback from one district to another, or to two other districts, and the due exportation and proof of landing thereof, and all regulations which the Secretary of the Treasury may prescribe for the security of the revenue, shall be complied with. APPROVED, August 8, 1846. Aug. 8, 1846. Drawback on merchandise al from the British Exportation to be made within one year, & laws and regulations complied with. CHAP. CIII.—An Act granting certain Lands to the Territory of Iowa, to aid in the Sec. 2. And be it further enacted, That the lands hereby granted shall not be conveyed or disposed of by said Territory, nor by any State to be formed out of the same, except as said improvements shall progress; that is, the said Territory or State may sell so much of said lands as shall produce the sum of thirty thousand dollars, and then the sales shall cease, until the governor of said Territory or State shall Territory granted to Iowa, for the improvement of the Des River. Moines certify the fact to the President of the United States, that one half of said sum has been expended upon said improvement, when the said Territory or State may sell and convey a quantity of the residue of said lands, sufficient to replace the amount expended, and thus the sales shall progress as the proceeds thereof shall be expended, and the fact of such expenditure shall be certified as aforesaid. SEC. 3. And be it further enacted, That the said River Des Moines shall be and forever remain a public highway for the use of the gov ernment of the United States, free from any toll or other charge whatever for any property of the United States, or persons in their service passing through or along the same: Provided always, That it shall not be competent for the said Territory or future State of Iowa to dispose of said lands, or any of them, at a price lower than, for the time being, shall be the minimum price of other public lands. SEC. 4. And be it further enacted, That whenever the Territory of Iowa shall be admitted into the Union as a State, the lands hereby granted for the above purpose shall be and become the property of said State, for the purpose contemplated in this act, and no other: Provided, The Legislature of the State of Iowa shall accept the said grant for the said purpose. APPROVED, August, 8, 1846. CHAP. CIV. — An Act to regulate Writs of Error and Appeals from the District Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter writs of error and appeals shall be taken from the District Court of the United States, for the Middle District of Alabama, directly to the Supreme Court of the United States, under the same regulations that writs of error and appeals are allowed from the Circuit Courts of the United States to the Supreme Court; and no writs of error or appeals shall lie from said District Court to the Circuit Court of the United States for the Southern District of Alabama, as heretofore allowed. SEC. 2. And be it further enacted, That all causes now pending in the Circuit Court of the United States for the fifth judicial circuit and Southern District of Alabama, and which were removed to that court by writ of error or appeal from the District Court of the United States for the Middle District of Alabama, are hereby transferred to the Supreme Court of the United States. Said Supreme Court shall hear and determine the errors assigned in said Circuit Court, in the same manner that the Circuit Court should have done had said causes not been removed. APPROVED, August 8, 1846. Aug. 8, 1846. Preamble. CHAP. CV.-An Act more effectually to provide for the Enforcement of certain Provisions in the Treaties of the United States. Whereas, in the treaty between the United States and his Majesty the King of Prussia, it is provided, that "the consuls, vice-consuls, and commercial agents, shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or the captain should disturb the order or tranquillity of the country, or the said consuls, vice-consuls, or commercial agents, should require their assistance to cause their decisions to be carried into effect or supported;" and whereas a similar provision, in substance, exists in |