1837.

Increase of sala

ries of clerks

in the year eighteen hundred and thirty-two, the privilege granted to the collector of New York; to take effect from the first day of January last.

SECTION 3. And be it further enacted, That the clerks in the & messengers. Departments of State, Treasury, Navy and War, and of the two Houses of Congress, and the Librarians of Congress, whose salaries are less than two thousand dollars, shall, in addition thereto, be allowed the following increase of annual compensation, from the first day of January last, to the end of the next session of Congress, viz: such of said clerks whose annual compensation does not exceed one thousand dollars, an addition of twenty per cent. thereto; such of said clerks whose annual compensation exceeds one thousand dollars, an addition of ten per cent. thereto; and twenty per cent. in addition to the salaries of messengers and assistant messengers employed in, the respective offices, and the library of Congress; the amount of increase of compensation provided for in this section, to be paid out of any money in the Treasury not otherwise appropriated, Provided, That nothing in this section shall be so construed as to effect the salaries of any clerks whose salaries have been fixed by any law of the Further proviso. last or present session of Congress, Provided That no further extra allowance be given for any extra services performed by them under any law or resolution of Congress.

Proviso.

Approved, March 3d, 1837.

CHAP. 24. An ACT supplementary to the act entitled “An act to amend the judicial system of the United States."

[SEC. 1.] Be it enacted, by the Senate and House of Represen tatives of the United States of America in Congress assembled, Supreme Court That the Supreme Court of the United States shall hereafter chief justice and consist of a chief justice, and eight associate judges, any five of eight associate whom shall constitute a quorum; and for this purpose there

to consist of a

judges, &c.

shall be appointed two additional justices of said court, with the like powers, and to take the same oaths, perform the same duties, and be entitled to the same salary, as the other associate judges. Hereafter, the districts of Vermont, Connecticut, and New York, shall constitute the second circuit; the district of New Jersey, the eastern and western districts of Pennsylvania, shall constitute the third circuit; the district of Maryland and the district of Delaware shall constitute the fourth circuit; the districts of Virginia and the district of North Carolina shall constitute the fifth circuit; the districts of South Carolina and Georgia shall constitute the sixth circuit; the districts of Ohio, Indiana, Illinois and Michigan, shall, constitute the seventh circuit; and the circuit courts shall be held at Columbus, in the Ohio district, on the third Mondays in May, and December; at Detroit, in the Michigan district, on the fourth Monday in June; at Indianapolis, in the Indiana district, on the first Monday in December; at Vandalia, in the Illinois district, on the last Monday in November, in each year; the districts of Kentucky, east and west

Tennessee, and Missouri, shall form and be called the eighth circuit; and the districts of Alabama, the eastern district of Louisiana, the district of Mississippi, and the district of Arkansas, shall form and be called the ninth circuit.

1837.

circuit.

said courts shall

places of session.

which annually; times and

SEC. 2. And be it further enacted, That the sessions of said Districts in which circuit courts shall be held twice in each year in the following be held twice a districts, to wit: commencing in the eastern district of Louisiana, year; times and at New Orleans, on the third Monday of May and on the third Monday of November, annually; in the district of Mississippi, at Jackson, on the first Monday of May and on the first Monday of November, annually; in the southern district of Alabama, at Mobile, on the second Monday of April and the second Monday of October, annually; in the western district of Pennsylvania, at Pittsburg, on the third Mondays of May and November, annually; in the district of Delaware, at Newcastle on the Tuesday next following the fourth Monday of May, and at Dover on the Tuesday next following the third Monday of October, annually; and in the district of Maryland, at Baltimore, on the first Monday of April and the first Monday of October, annually; in the northern district of New York, at Albany, on the second Tuesday of June and the third Tuesday of October, annually; and there shall be holden a term of said circuit courts, And districts in annually, at Lewisburg in the western district of Virginia, commencing on the first Monday of August; at Huntsville, in the places of seanorthern district of Alabama, commencing on the first Monday of June; at St. Louis, in the district of Missouri, commencing on the first Monday of April; and at Little Rock, in the district of Arkansas, on the fourth Monday of March; and that no process, recognizance, or bail bond, returnable to the next term of either of said courts, shall be avoided or impaired, or affected by this change, as to the commencement of said term; but that all Process, recogniprocess, bail bonds, and recognizances returnable to the next turnable at next term of either of said courts, shall be returnable and returned term of to the court next held, according to this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly; and that all continuances in either of said courts shall be from the last term to the court appointed by this act, and the day herein appointed for the commencement of the next session thereof: Provided, That nothing herein contained Provise. shall prevent the judge of the northern district of New York from holding the courts at Utica, nor the judge of the western district of Pennsylvania from holding the courts at Williamsport, at the same time and with the same power and jurisdiction as heretofore.

SECTION 3. And be it further enacted, That so much of any act or acts of Congress as vests in the district courts of the United States for the districts of Indiana, Illinois, Missouri, Arkansas, the eastern district of Louisiana, the district of Mississippi, the northern district of New York, the western district of Virginia, and the western district of Pennsylvania, and the districts of Alabama, or either of them, the power and jurisdiction of circuit courts, be, and the same is hereby, repealed; and there,

gions.

zance, &c., re

courts.

so

said

vests the power

much of any act or acts as and jurisdiction in certain dispealed; circuit court to be

of circuit courts

trict courts re- 1

held, &c.

rendered in dis

western district of Louisiana.

&c., (originally

circuit court,)

&c., certain

1837. shall hereafter be circuit courts held for said districts by the chief or associate justices of the Supreme Court, assigned or allotted to the circuit to which such districts may respectively belong, and the district judges of such districts severally and respectively; either of whom shall constitute a quorum; which circuit courts, and the judges thereof, shall have like powers and exercise like jurisdiction as other circuit courts and the judges thereof; and the said district courts, and the judges thereof, shall have like powers and exercise like jurisdiction as the district courts, Judgments, &c, and the judges thereof, in the other circuits. From all judgments and trict courts for decrees, rendered in the district courts of the United States for the western district of Louisiana, writs of error and appeals shall lie to the circuit court in the other district in said State, in the same manner as from decrees and judgments rendered in the districts within which a circuit court is provided by this act. Actions, suits, SECTION 4. And be it further enacted, That all actions, suits, cognizable in a prosecutions, causes, pleas, process, and other proceedings, relanow peading in, live to any cause, civil or criminal, (which might have been district courts. brought, and could have been, originally, cognizable in a circuit court,) now pending in, or returnable to, the several district courts of Indiana, Illinois, Missouri, Mississippi, Arkansas, Michigan, the eastern district of Louisiana, the districts of Alabama, the northern district of New York, the western district of Pennsylvania, and western district of Virginia, acting as circuit courts on the first day of April next, shall be, and are hereby declared to be, respectively transferred, returnable, and continued to, the several circuit courts constituted by this act, to be holden within the said districts respectively; and shall be heard, tried and determined therein, in the same manner as if originally brought, be entered, prosecuted, or had, in such circuit courts. And the governed by said circuit courts shall be governed by the same laws and as apply to the regulations as apply to the other circuit courts of the United other circuit and States; and the clerks of the said courts, respectively, shall perclerks to perform the same duties, and shall be entitled to receive the same fees and emoluments, which are by law established for the clerks their chief jus. of the other circuit courts of the United States. The allotment of their chief justice and the associate justices of the said Supreme Court to the several circuits shall be made as heretofore. SECTION 5. And be it further enacted, That all acts and provisions inconsistent with this act be, and the same are hereby, repealed. Approved, March 3d, 1837.

Said

circuit

courts to

same laws, &c.,

courts;

form same du

ties, &c. Allotment tice, &c.

of

Acts, &c., repealed.

The account of

CHAP. 25. An ACT to authorize the proper officers of the Treasury Department to credit the account of the Treasurer of the United States with the amount of unavailable funds standing to his debit on the books of the Treasury, to transfer the amount of the debit of banks and individuals indebted for the same, and to authorize the Secretary of the Treasury to compromise and settle said claims.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury be, and they the Treasurer are hereby authorized to credit the account of the Treasurer of with the amount the United States, with the amount of the unavailable funds of unavailable whether charged to John Campbell, or his predecessors, and to

to be credited

funds.

transfer the amount to the debit of the banks and individuals,__1837. respectively, that may be indebted for the same.

Secretary of

Treasury

to

settle claims of

above descrip.

SECTION 2. And be it further enacted, That the Secretary Seary au of the Treasury be, and he is hereby, authorized to compromise thorized and finally settle the claims of the United States, of the above U. S. of the description, against said banks and individuals who have proved insolvent, or failed to make punctual payments, on such terms and conditions as he may deem most conducive to the interests of the United States, Provided: That this act shall not author- Proviso ize any compromise of the debt due from the Alleghany Bank of Pennsylvania.

Approved, March 3d, 1837.

CHAP. 36. An ACT to amend an act entitled "An act for laying off the towns of Fort Madison and Burlington, in the county of Des Moines, and the towns of Belleview, Du Buque, and Peru, in the county of Du Buque, and Mineral Point; in the county of Iowa, Territory of Wisconsin, and for other purposes" approved July second, eighteen hundred and thirty-six.

&C.

quired to

be

act to which

shall be done by

&c.

to

commis

power to deter

[SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That all acts and duties required to be done and performed by Acts, the Surveyor for the Territory of Wisconsin, under the act to done by the sur which this is an amendment, shall be done by a board of com- veyor under the missioners of three in number, any two of whom shall be a quo- this is an am'dt rum to do business; said commissioners to be appointed by the a board of comPresident of the United States, and shall, previous to their enter-missioners, b be appointed by ing upon the discharge of their duties, take an oath or affirma- the President, tion to perform the same faithfully and impartially: Provided, Proviso. That the action of the commissioners appointed under the present act shall not interfere with any of the acts performed by the Surveyor General, prior to the time of the passage hereof, in pursuance of instructions under the act to which this is amendatory. SECTION 2. And be it further enacted, That the said com- The missioners shall have power to hear evidence and determine all sioners to have claims to lots arising under the act to which this is an amend- mine all claims ment; and for this purpose, the said commissioners are authorized to administer all oaths that may be necessary, and reduce to writing all the evidence in support of claims to pre-emption presented for their consideration; and when all the testimony shall have been heard and considered, the said commissioners shall file with the proper register and receiver for the district within which the towns are situated respectively, the testimony in each case, together with a certificate in favor of each person having the right of pre-emption under the provisions of the act of which this is amendatory; and upon making payment to the Upon payment proper receiver of public moneys for the lot or lots to which such person is entitled, the receiver shall grant a receipt therefor, and the register issue certificates of purchase, to be transmitted to the Commissioner of the General Land Office, as in other cases of the sale of public lands.

to lots, &c.

being made to ceiver for a lot, receipt, &c.

the proper re

he shall grant a

1837.

gister and re

have determin

pre-emption.

public sale, to

der, &c.

SECTION 3. And be it further enacted, That the proper regisThe proper re- ter and receiver of public moneys, after the board of commissionceiver, after the ers have heard and determined all the cases of pre-emption under commissioners the act to which this is an amendment shall expose the residue ed all cases of of the lots to public sale to the highest bidder, after advertising shail expose re- the same in three public newspapers at least three months prior sidue of lots at to the day of sale, in the same manner as is provided for the sale the highest bid of public lands in other cases; and after paying the commissionAfter paying the ers the compensation hereafter allowed them, and all other ex&c. the receiv. penses incident to the said survey and sale, the receiver of the er shall pay land office shall pay over the residue of the money he may have to the trustees received from the sale of lots aforesaid, by pre-emption as well aforesaid. as at public auction, into the hands of the trustees of the respective towns aforesaid, to be expended by them in the erection of public buildings, the construction of suitable wharves, and the improvement of the streets in the said town's of Fort Madison, Burlington, Belleview, Du Buque, Peru and Mineral Point.

commissioners,

over the residue

of the towns

The commis. sioners to

per day.

be

SECTION 4. And be it further enacted, That the commissionpaid six dollars ers appointed to carry this act into effect, shall be paid by the receiver of public moneys, of the proper land district, six dollars each, per day, for their services, for every day they are necessarily employed.

Approved, March 3d, 1837.

tended to 1st

CHAP. 37. An ACT to continue in force for a limited time the act entitled "An act to carry into effect a convention between the United States and Spain."

[SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assemThe provisions bled, That the provisions of the act, entitled "An act to carry of said act ex into effect a convention between the United States and Spain,". February, 1833. approved on the seventh day of June, one thousand eight hundred and thirty-six, be, and the same are hereby, extended until the first day of February, one thousand eight hundred and thirtyeight; and the commissioner appointed under the said act, shall, on or before the said day, terminate his duties.

Approved, March 3d, 1837.

ows and child

seamen, and

CHAP. 38. An ACT for the more equitable administration of the Navy Pension
Fund.

[SEC. 1.] Be it enacted, by the Senate and House of Represen tatives of the United States of America in Congress assembled, Half-pay to wid. That if any officer, seaman or marine have died, or may hereren of officers, after die, in the naval service, leaving a widow, and, if no widow, marines, to a child or children, such widow, and if, no widow, such child commence from or children, shall be entitled to receive half the monthly pay to death of such which the deceased would have been entitled, under the acts regulating the pay of the navy, in force on the first day of January, one thousand eight hundred and thirty-five, to commence

the time

officer, &c.