Obrazy na stronie
[blocks in formation]

one half, one fifth, and one tenth, of the weight tors in the United States courts, to United States Whenever two or more charges are or shall be of said half dollar.

district attorneys, clerks of the district and circuit made, or two or more indictments shall be found Sec. 2. And be it further enacted, That the silver courts, marshals, witnesses, jurors, commission against a person, only one writ or warrant shall coins issued in conformity with the above section, ers, and printers, in the several States, the follow be necessary to arrest and commit him for trial; shall be legal tenders in payment of debts for all ing and no other compensation shall be taxed and and it shall be sufficient to state in the writ the sums not exceeding five dollars.

allowed. But this act shall not be construed to name or general character of the offenses, or to Sec. 3. And be it further enacted, That in order prohibit attorneys, solicitors, and proctors from refer to them only in very general terms. Only to procure bullion for the requisite coinage of the charging to and receiving from their clients, other one writ or warrant shall be necessary to remove subdivisions of the dollar authorized by this act, Il than the Government, such reasonable compensa a prisoner from one district to another; a copy of the treasurer of the mint shall, with the approval tion for their services, in addition to the taxable which may be delivered to the sheriff or jailor of the director, purchase such bullion with the bul. costs, as may be in accordance with general usage from whose custody the prisoner may be taken, lion fund of the mint. He shall charge himself in their respective States, or may be agreed upon and another copy thereof io the sheriff' or jailor to with the gain arising from the coinage of such bul- | between the parties.

whose custody he may be committed, and the lion into coins of a nominal value exceeding the Fees of Attorneys, Solicitors, and Proctors. original writ, with the marshal's return thereon, intrinsic value thereof, and shall be credited with 1 In a trial before a jury, in civil and criminal shall be returned to the clerk of the district to the difference between such intrinsic value and the cases, or before referees, or on a final hearing in which he may be removed. Whenever a prisoner price paid for said bullion, and with the expense of equity or admiralty, a docket fee of twenty dol is committed to a sheriff or jailor by virtue of a distributing said coins as hereinafter provided. lars: Provided, That in cases in admiralty and writ, warrant, or mittimus, a copy thereof shall The balances to his credit, or the profit of said maritime jurisdiction, where the libelant shall re be delivered to the sheriff or jailor as his authority coinage, shall be, from time to time, on a warrant cover less than fifty dollars, the docket fee of his to hold the prisoner, and the original writ, warof the director of the mint, transferred to the ac proctor shall be but ten dollars.

rant, or mittimus, shall be returned to the proper count of the treasurer of the United States.

* In cases at law, where judgment is rendered court or officer with the officer's return thereon. Sec. 4. And be it further enacted, That such without a jury, ten dollars; and five dollars where

Clerks' Fees. coins shall be paid out at the mint in exchange for a cause is discontinued.

For issuing and entering every process, comgold coins at par, in sums not less than one hun For scire facias and other proceedings on re mission, summons, capias, execution, warrant, dred dollars; and it shall be lawful, also, to trans cognisances, five dollars.

attachment, or other writ, except a writ of venire, mit parcels of the same from time to time to the For each deposition taken and admitted as evi. summons, or subpæna for a witness, one dollar. assistant treasurers, depositaries, and other officers dence in the cause, two dollars and fifty cents. For filing and entering every declaration, plea, of the United States, under general regulations, A compensation of five dollars shall be allowed or other paper, ten cents. proposed by the director of the mint, and approved for the services rendered in cases removed from a | For administering every oath or affirmation to by the Secretary of the Treasury: Provided, how- || district to a circuit court by writ of error or appeal. a witness, or other person, except a juror, ten ever, That the amount coined inio quarter-dollars, For examination by a district attorney, before cents. dimes, and half-dimes, shall be regulated by the || a judge or commissioner, of a person or persons For entering any return, rule, order, continuSecretary of the Treasury.

| charged with crime, five dollars per day for the | ance, judgment, decree or recognizance, drawing Sec. 5. And be it further enacted, That no de- || time necessarily employed.

any bond, or making any record, certificate, reposits for coinage into the half-dollar, quarter For each day of his necessary attendance in a turn, or report, for each fólio fifteen cents; and for dollar, dime, and half-dime, shall hereafter be re court of the United States, on the business of the a copy of any such entry or record, or of any ceived, other than those made by the treasurer of United States, when the same shall be held at the paper on file, not exceeding one folio, ten cents; the mint, as herein authorized, and upon account place of his abode, five dollars, and the like sum and for each additional folio, ten cents. of the United States.

for his attendance for each day of the term when For making dockets and indexes, and for all • Sec. 6. And be it further enacted, That, at the the said court shall be held elsewhere.

other services on the trial or argument of a cause, option of the depositor, gold or silver may be cast For traveling from the place of his abode to the where issue is joined and testimony given, ininto bars or ingots of either pure metal or of stand place of holding any court of the United States in

cluding venire and taxing costs, three dollars. ard fineness, as the owner may prefer, with a his district, and to the place of any examination For making dockets and indexes, and for all stamp upon the same, designating its weight and before a judge or commissioner, of a person or other services in a cause where issue is joined and fineness; but no piece, of either gold or silver, erso ns charged with crime, ten cents per mile for no testimony given, including taxing costs, two shall be cast into bars or ingots of a less weight oing and ten cents for returning.

dollars. than ten ounces, except pieces of one ounce, of When an indictment for crime shall be tried be For making dockets and indexes, and for taxtwo ounces, of three ounces, and of five ounces, fore a jury, and a conviction is had, in addition to ing costs and other services, in a cause which is all of which pieces of less weight than ten ounces the attorney's fees allowed by this act, the district dismissed, discontinued, or a judgment or decree shall be of the standard fineness, with their weight attorney may be allowed a counsel fee in propor is made or rendered therein without issue, one and fineness stamped upon them; but in cases tion to the importance and difficulty of the cause, dollar. whether the gold and silver deposited be coined or not exceeding thirty dollars.

In equity and admiralty causes only the process, cast into bars or ingots, there shall be a charge to In every case where a district attorney has, du pleadings, and decree, and such orders and memthe depositor, in addition to the charge now made ring the last six years, prosecuted or defended a orandums as may be necessary to show the jurisfor refining or parting the metals, of one-half of suit in which the United States was concerned, in diction of the court and regularity of the proceedone per centum; the money arising from this a district where the law allows no taxable attor ings, shall be entered upon the final record; and, charge of one-half per centum shall be charged to ney's fees, and for which he has received no com in case of an appeal, copies of the proofs, and of the treasurer of the mint, and from time to time, pensation, except his per diem and annual salary,

anch entries and papers on file as may be ne ssary on warrant of the director of the mint, shall be l he shall be paid for his services according to the on hearing of the appeal, may be certified up to transferred into the Treasury of the United States : | provisions of this act.

the appellate court. Provided, however, That nothing contained in this For the services of counsel, rendered at the re For affixing a seal of the court to any instrusection shall be considered as applying to the half quest of the head of a Department, such sum as ment when required, twenty cents. For issuing a dollar, the quarter-dollar, the dime, and half-dime. may be stipulated or agreed on.

writ of subpæna, twenty-five cents. For every Sec. 7. And be it further enacted, That from time Whenever there are or shall be several charges search for any particular mortgage, judgment, or to time there shall be struck and coined at the against any person or persons for the same act or other lien, fifteen cents. For traveling from the mint of the United States and the branches thereof, ll transaction, or for two or more acts or transactions office of the clerk, where he is required by law to conformably in all respects to law, and conform- || connected together, or for two or more acts or reside, to the place of holding any court required ably in all respects to the standard of gold coins transactions of the same class of crimes or offenses to be held by law, five cents per mile for going and now established by law, a coin of gold of the value which may be properly joined, instead of having five for returning, and five dollars per day for his of three dollars or units, and all the provisions of several indictments, the whole may be joined attendance on any such court or courts while actuan act entitled “An act to authorize the coinage one indictment in separate counts; and if two or ally in session. of gold dollars and double eagles, "approved March more indictments shall be found in such cases, the For searching the records of the court for judg. third, eighteen hundred and forty-nine, shall be court may order them consolidated.

ments, decrees, and other instruments constituting applied to the coin herein authorized, so far as the Whenever two or more things belonging to the a general lien upon real estate, and certifying the same may be applicable; but the devices and

| same person or persons are or shall be seized for result of such search, fifteen cents for each person shape of the three-dollar piece shall be fixed by ll an alleged violation of the revenue laws, the whole against whom such search is required to be made. the Secretary of the Treasury.

shall be included in one suit; and if not so includ For receiving, keeping, and paying out money, Sec. 8. And be it further enacted, That this act led, and separate &ctions are prosecuted, the court in pursuance of the requirements of any statute or shall be in force from and after the first day of | may consolidate them.

order of court, one per cent. on the amount so reJune next.

Whenever two or more indictments, suits, or ceived, kept, and paid. APPROVED, February 21, 1853.

proceedings, are or shall be prosecuted, which In cases removed by writ of error or appeal, the should be joined, the district attorney prosecuting

clerk's fees for making dockets and taxing costs, them shall be paid but one bill of costs for all of shall be but one dollar, and the clerks of the disPublic,XXVI.-An Act to regulate the Fees and Costs

them; and if any attorney, proctor, or other person | trict and circuit courts respectively, ex officio, shall to be allowed Clerks, Marshals, and Altorneys of the

admitted to manage or conduct causes in any court be, and hereby are, authorized and empowered to Circuit and District Courts of the United States, and

of the United States, or of the Territories thereof, administer oaths, take acknowledgments, take and for other purposes.

shall appear to have multiplied the proceedings in certify affidavits and depositions in the same manBe it enacted by the Senate and House of Repre any cause before such court, so as to increase costs ner as commissioners, and shall be entitled to the sentatives of the United States of America in Congress unreasonably and vexatiously, such person may same fees and compensation therefor. assembled, That in lieu of the compensation now be required, by order of the court, to satisfy any

Marshals' Fees. allowed by law to attorneys, solicitors, and proc- li excess of costs so increased.

For service of any warrant, attachment, sum

[blocks in formation]

mons, capias, or other writ, (except execution, said courts when but one is in session, and for attorney shall be allowed by the said Secretary of venire, or a summons or subpena for a witness,) | bringing in and committing prisoners and witnesses the Interior to retain of the fees and emoluments two dollars for each person on whom such service during the term

of his said office, for his own personal compensamay be made: Provided, That on petition setting For executing a deed prepared by a party or his tion, over and above his necessary office expenses, forth the facts on oath, the court may allow such i attorney, one dollar.

the necessary clerk bire included, to be audited and fair compensation for the keeping of personal prop For drawing and executing a deed, five dollars. allowed by the proper accounting officers of the erty attached and held on mesne process, as shall, For transporting criminals, ten cents per mile Treasury, a sum exceeding six thousand dollars on examination, be found to be reasonable.

for himself, each necessary guard, and each pris per year, and at and after that rate for such time For serving a writ of subpæna on a witness, oner.

as he shall hold the office; and no clerk of a disfifty cents; and no further compensation shall be For copies of writs or papers furnished at the trict court, or clerk of a circuit court, shall be allowed for any copy, summons, or notice for request of any party, ten cents per folio.

allowed by the said Secretary to retain of the fees witness.

For holding a court of inquiry or other pro and emoluments of his said office, or, in case both of For travel in going only to serve any process, ceeding before a jury, including ihe summoning the said clerkships shall be held by the same perwarrant, attachment, or other writ, including of a jury, five dollars. The marshal of the Dis son, of the said offices, for his own personal comwrits of subpæna in civil and criminal cases, six | trict of South Carolina shall hereafter be entitled pensation, over and above the necessary expenses cents per mile, to be computed from the place of to receive a salary of two hundred dollars per an of his office, and necessary clerk hire included, service to the court or place where the writ or pro num.

also to be audited and allowed by the proper access is returned; and if more than one person is The respective courts of the United States shall counting officers of the Treasury, a sum exceeding served therewith, the travel shall be computed from appoint criers for their courts, to be allowed the three thousand five hundred dollars per year for the court to the place of service which shall be the sum of two dollars per day; and the marshals are any such district clerk, or circuit clerk, or at most remote, adding thereto extra travel which hereby authorized to appoint such a number of and after that rate for such time as he shall hold shall be necessary to serve it on others: Provided, persons, not exceeding five, as the judges of their the office: Provided, That when the compensation That when more than two writs of any kind in respective courts shall determine, io attend upon of any clerk shall be less than five hundred dolbehalf of the same party or parties, to be served on the grand and other juries, and for other necessa lars per annum, the difference, ascertained and the same person or persons, or part of the same ry purposes, who shall be allowed for their ser allowed by the proper accounting officer of the persons, are or might be served at the same time, vices the sum of two dollars per day, to be paid Treasury, shall be paid to him therefrom, and the marshal shall be entitled to compensation for by and included in the accounts of the marshal, no marshal shall be allowed by the said Secretravel on only two of such writs; and to save un out of any money of the United States in his tary, to retain of the fees and emoluments of his necessary expense it shall be the duty of the clerk hands, the compensation to be given only for act office, for his own personal compensation, over to insert the names of as many witnesses in a cause ual attendance; and when both courts are in ses and above a proper allowance to his deputies, in each subpæna as convenience in serving the sion at the same time, to be paid but for attendance which shall in no case exceed three fourths of the same will permit. And in all cases where mileage on one court.

fees and emoluments received as payable for the is allowed to the marshal by this act, it shall be For expenses while employed in endeavoring services rendered by the deputy to whom the al. at his option to receive the same or his 'actual to arrest under process any person charged with lowance is made, and may be reduced below that traveling expenses, to be proved on his oath to the l or convicted of a crime, the sum actually expend. | rate by the said Secretary of the Interior when. satisfaction of the court.

ed, not to exceed two dollars per day, in addition ever the return shall show that rate of allowance For each bail bond, fifty cents. to his compensation for service and travel.

to be unreasonable, and over and above the necesFor summoning appraisers, each fifty cents. For disbursing money to jurors and witnesses, sary office expenses of the said marshals, the neFor every commitment or discharge of a pris and for other expenses, two per centum.

cessary clerk hire included, also to be audited and oner, fifty cents.

For attending examinations before a commis allowed by the proper accounting officers of the For every proclamation in admiralty, thirty sioner, and bringing in, guarding, and returning Treasury, a sum exceeding six thousand dollars cents.

prisoners charged with crime, and witnesses, two per year, or at and after that rate for such time as For sales of vessels or other property under pro dollars per day, and the same for each deputy he shall hold the office; and every such officer shall, cess in admiralty, or under the order of a court | necessarily attending, not exceeding two.

with each such return made by him, pay into the of admiralty, and for receiving and paying the Sec. 2. And be it further enacted, That there Treasury of the United States, or deposit to the money, for any sum under five hundred dollars, shall be paid to the marshal his fees for services credit of the Treasurer thereof, as he may be ditwo and one half per centum; for any larger sum rendered for the United States, for summoning rected by the Secretary of the Interior, any surone and one quarter per centum upon the excess. jurors and witnesses in behalf of the United States, plus of the fees and emoluments of his office, which

For serving an attachment in rem or a libel in ad and in behalf of any prisoner to be tried for a capi his half yearly return so made as aforesaid shall miralty, two dollars, and the necessary expenses tal offense; for the maintenance of prisoners of show to exist over and above the compensation of keeping boats, vessels, or other property at the United States confined in jail for any crim and allowances hereinbefore authorized to be retached or libeled in admiralty, not exceeding two inal offense; for the commitment or discharge of tained and paid by him. And in every case where dollars and fifty cents per day; and in case the such prisoners; for the expenses necessarily in the return of any such officer shall show that a debt or claim shall be settled by the parties with curred for fuel, lights, and other contingencies surplus may exist, the said Secretary of the Inteout a sale of the property, the marshal shall be that may accrue in holding the courts within the rior shall cause such returns to be carefully exentitled to a commission of one per centum on the district, and providing the books necessary to re amined, and the accounts of disbursements to be first five hundred dollars of the claim or decree cord the proceedings thereof : Provided, That the regularly audited by the proper officers of his deand one half of one per centum on the excess over marshal shall not incur an expense of more than partment, and an account to be opened with such five hundred dollars: Provided, That in case the twenty dollars in any one year for furniture, or officer in proper books to be provided for that purvalue of the property shall be less than the claim, fifty dollars for rent of building and making im pose, and the allowances for personal compensathen and in such case such commission shall be provements thereon, without first submitting a tion for each calendar year shall be made from the allowed only on the appraised value thereof. statement and estimates to the Secretary of the In fees and emoluments of that year, and not other

For serving a writ of possession, partition, exe terior, and getting his instructions in the premises. wise: And provided further, That nothing in any cution, or any final process, the same mileage as Sec. 3. And be it further enacted, That every existing law of Congress authorizing the payment is herein allowed for the service of any other writ; district attorney, clerk of a district court, clerk of of a per diem compensation to a district attorney, and for making the service, seizing, or levying on a circuit court, and marshal of the United States, clerk of a district court, or clerk of a circuit court, property, advertising, and disposing of the same shall, until otherwise directed by law, upon the or marshal, or deputy marshal, for altendance upon by sale, set-off, or otherwise, according to law, first days of January and July in each year, com. the district or circuit courts during their sittings, receiving and paying over the money, the same mencing with the first day of July next, or within shall be so construed as to authorize any such fees and poundage as are or shall be allowed for thirty days from and after the days specified, make payment to any one of those officers for attendsimilar services to the sheriffs of the several States to the Secretary of the Interior, in such form as he ance upon either of those courts while sitting for respectively in which the service may be rendered. shall prescribe, a return in writing, embracing all the transaction of business under the bankrupi law

For serving venires and summoning every twelve the fees and emoluments of their respective offices, merely, or for any portion of the time for which men as grand or petit jurors, four dollars, or thirty- l of every name and character, distinguishing the either of the said courts may be held open or in three and one third cents each; and in those States | fees and emoluments received or payable under session by the authority conferred in that law; and where jurors, by the laws of the State, are drawn the bankrupt act, from those received or payable no such charge in an account of any officer shall by constables, or other officers of corporate towns for any other service; and in case of a marshal, be certified as payable, or shall be allowed and or places, by lot, the marshal shall receive for the further distinguishing the fees and emoluments paid out of the money herein before appropriated use of the officers employed in drawing and sum received or payable for services by himself per- || for defraying the expenses of the courts of the moning the jurors and returning each venire, two sonally rendered, from those received or payable | United States; and no per diem or other allowance dollars; and for his own trouble in distributing the for services rendered by a deputy; and also dis- || shall be made to any such officer for attendance at venires, two dollars for each jury: Provided, T'hat tinguishing the fees and emoluments so received Il rule days of the circuit or district courts; and when in no case shall the fees for distributing and serv or payable for services rendered by each deputy, the circuit and district courts sit at the same time, ing venires, and drawing and summoning jurors by name, and the proportion of such fees and no greater per diem or other allowance shall be by township officers, including mileage chargeable

emoluments which, by the terms of his service, ll made to any such officer than for an attendance on by the marshal for such service, at any court, ex each deputy is to receive; and also embracing all one court. ceed fifty dollars.

the necessary office expenses of such officer, to The two last provisos of paragraph one hunFor traveling from his residence to the place of | gether with the vouchers for the payment of the dred and sixty-seven of the civil and diplomatic holding court, to attend a term thereof, ten cents | same for the half year ending on the said first day |appropriation act, approved May, the eighteenth, per mile for going only, and five dollars per day | of January or July, as the case may be, which one thousand eight hundred and forty-two, which for attending the circuit and district couris when |return shall be, in all cases, verified by the oath require clerks to certify accounts, and confine the they are both in session, or for attending either of ll of the officer making the same. And no district || marshals, clerks, and district attorneys of the

in the cause.

accordingly: Provided, That in no case shall trans

320 Cong.....20 Sess.

Laws of the United States. northern and southern districts of New York to the

Jurors' Fees.

on their behalf, and not to depart the court without fees allowed by the State law to the clerks, attor For actual attendance at any court or courts,

leave of the court or district attorney, under which neys, counsellors, and sheriffs, for similar services two dollars per day during such attendance.

it shall be their duty to appear before the grand in the State courts, are hereby repealed.

For traveling from their residence to said court

jury or pelit jury, or both, as they shall be required Commissioners' Fees.

or courts, five cents per mile for going, and the by the couri or district attorney; no writ shall be same for returning.

necessary to bring into court any prisoner or perFor administering an oath, ten cents; taking an

son in custody, or for remanding him from the acknowledgment, twenty-five cents.

Printers' Fees.

court into custody; but the same shall be done on For hearing and deciding on criminal charges, For publishing any statute, notice, or order re the order of the court or district attorney, for five dollars per day for the time necessarily em- | quired by law, or the lawful order of any court, which no fee shall be charged by the clerk or the ployed.

department, bureau, or other person, in any news marshal. For attending to a reference in a litigated matter paper, forty cents per folio for the first insertion, Sec. 4. And be il further enacted, That if any in a civil cause at law, in equity, or in admiralty, and twenty cents per folio for each subsequent in- ' person shall falsely take an oath or affirmation in in pursuance of an order of court, three dollars sertion. That the compensation herein provided relation to any matter authorized by this act, such per day.

shall include the furnishing lawful evidence, un. person shall be deemed guilty of perjury, and upon For taking and certifying depositions to file, der oath, of publication, to be made and furnished conviction thereof shall suffer the pains and penaltwenty cents for each folio of one hundred words, by the printer or publisher making such publi-, ties in that case provided. and ten cents per folio for each copy of the same cation.

Sec. 5. And be it further enacted, That all laws furnished to a party on request.

The term folio in this act shall mean one hun and regulations heretofore made which are incomFor issuing any warrant or writ, or any other dred words, counting each figure as a word. When patible with the provisions of this act are hereby service, the same compensation as is allowed to there are over fifty and under one hundred words, repealed and abrogated : Provided, nevertheless, clerks for like services.

they shall be counted as one folio, but not when That this act shall not be construed to repeal or For issuing any warrant under the tenth article there are less, except when the whole statute, | modify any clause or provision of an act approved of the treaty of the ninth of August, eighteen hun-notice, or order contains less than fifty words. the eighteenth September, eighteen hundred and dred and forty-two, between the United States The bill of fees of clerk, marshal, and attor fifty, entitled “An act to amend, and supplementand the Queen of the United Kingdom of Great || neys, and the amount paid printers, and witnesses, ary 10, the act entitled “An act respecting fugiBritain and Ireland, against any person charged and lawful fees for exemplifications and copies of tives from justice, and persons escaping from the with any of the crimes or offenses set forth in said papers necessarily obtained for use on trial in • service of their masters, approved February article, two dollars; and the same sum for any cases where, by law, costs are recoverable in favor twelfth, seventeen hundred and ninety-three. warrant issued under the provisions of the con of the prevailing party, shall be taxed by a judge Sec. 6. And be it further enacted, That the act vention for the surrender of criminals between the or clerk of the court, and be included in and form approved September twenty-eighth, eighteen hun. United States and the King of the French, con a portion of a judgment or decree against the losing dred and fifiy, entitled “ An act to provide for cluded at Washington on the ninth of November, party, such taxed bill shall be filed with the papers extending the laws and judicial system of the eighteen hundred and forty-three; and for hearing

United States to the State of California," be so and deciding upon the case of any person charged In cases where the United States are parties, the amended as to confer on the district court of the with any offense or crime, and arrested under the marshal shall, on the order of the court, to be en State of California jurisdiction in all criminal provisions of said treaty or convention, five dollars tered in its minutes, pay to the jurors and wit cases as fully and completely as is conferred by per day for the time necessarily employed. nesses all such fees as they may appear by such law upon the district or circuit court of the State Witnesses' Fees.

order to be entitled to, which sums shall be al of New York.
lowed him at the Treasury in his accounts.

APPROVED, February 20, 1853. For each day's attendance in court, or before The fees of the marshals, clerks, commissioners, any officer pursuant to law, one dollar and fifty and district attorneys, in cases where the United Public, XXVII.-An Act to prevent Frauds upon the cents; and five cents per mile for traveling from States are liable to pay the same, shall be paid on his place of residence io said place of trial or hear- | settling their accounts at the Treasury, such ac

Treasury of the United States. ing, and five cents per mile for returning. When counts to be made out and verified by the party Be it enacteil by the Senate and House of Reprea witness is subpenaed in more than one cause under oath, and forwarded to the First Auditor of sentatives of the United States of America in Congress between the same parties in different suits at the the Treasury.

assembled, That all transfers and assignments heresame court, but one travel fee and one per diem In prize cases, where there is a condemnation after made of any claim upon the United States, compensation shall be allowed for attendance, to and sale, the costs, so far as they are payable and or any part or share thereof, or interest therein, be taxed in the first case disposed of, and “per can be paid out of the proceeds of sale, shall be whether absolute or conditional, and whatever diem” only in the other causes, to be taxed from paid on the order of the court upon the filing of may be the consideration therefor; and all powers that time in each case in the order in which they the taxed bills, making them a portion of the rec of attorney, orders, or other authorities for receive may be disposed of. ord in the case.

ing payment of any such claim, or any part or When a witness is detained in prison for want No district attorney, marshal, or clerk, or their share thereof, shall be absolutely null and void, of security for his appearance, he shall be entitled deputies, shall receive any other or greater com unless the same shall be freely made and executed to a compensation of one dollar per day over and pensation for any services rendered by him than is in the presence of at least two attesting witnesses, above his subsistence.

provided in this act; and all acts and parts of acts after the allowance of such claim, the ascertainWhen a clerk or other officer of the United allowing to either of them any other or greater ment of the amount due, and the issuing of a warStates shall be sent away from his place of business | fees than is herein provided are hereby repealed, rant for the payment thereof. as a witness for the Government, either with or and to receive any other or greater compensation Sec. 2. And be it further enacted, That any offiwithout papers or books, his salary shall continue; || is hereby declared to be a misdemeanor; and if any cer of the United States, or person holding any his necessary expenses, stated in items and sworn officer hereinbefore mentioned, or his deputy, place of trust or profit, or discharging any official to, in going, returning, and attendance on the shall, by reason or color of his office, wilfully and function under, or in connection with, any execu, court, shall be audited and paid, but no mileage corruptly demand and receive any other or greater tive department of the Government of the United or other compensation shall in any case be allowed. fees than those allowed in this act, he shall, on States, or under the Senate or House of Repre

There shall be paid to such seaman or other conviction thereof in any court of the United sentatives of the United States, who, after the person as has been or shall be sent to the United States, forfeit and pay a fine not exceeding five passage of this act, shall act as an agent or attorStates from any foreign port, station, sea or ocean, hundred dollars, and be imprisoned not exceeding ney for prosecuting any claim against the United by any United States minister, chargé d'affaires, six months, at the discretion of the court before States, or shall in any manner, or by any means consul, commander, or captain, to give testimony whom the conviction shall be had.

otherwise than in the discharge of his proper offiin any criminal case which has been or may be But this shall not be construed to probibit the

cial duties, aid or assist in the prosecution or supdepending in any court of the United States, such

payment of any salary authorized by statute: port of any such claim or claims, or shall receive compertsation as the court which had or shall have Provided, That in the Siate of California and the any gratuity, or any share of or interest in any cognizance of the crime shall adjudge to be right Territory of Oregon, officers, jurors, and witness claim from any claimant against the United States, and proper, not to exceed one dollar for each day es shall be allowed for the term of two years with intent to aid or assist, or in consideration of the said seaman or person has been or shall be double the fees and compensation allowed by this having aided or assisted, in the prosecution of necessarily on the voyage, and arriving at the act, and the same fees allowed by this act, with such claims, shall be liable to indiciment as for a place of examination or trial, exclusive of sus- | fifty per cent. added thereto, for two years there misdemeanor, in any court of the United States tenance or transportation; the court to take into after.

having jurisdiction thereof, and, on conviction, consideration, in fixing said compensation, the That before any bill of costs shall be taxed by shall pay a fine not exceeding five thousand dolcondition of said seaman or witness, whether his any judge or other officer, or allowed by any ofi- lars, or suffer imprisonment in the penitentiary voyage has been broken up to his injury by his cer of the Treasury, in favor of clerks, marshals, not exceeding one year, or both, as ihe court in being sent to the United States or not. commissioners, or district attorneys, the party

its discretion shall adjudge. If said seaman or person has been or shall be claiming such bill shall prove by his own oath, or Sec. 3. And be it further enacted, That any Sentransported in an armed vessel of the United States, some other person having a knowledge of the ator or Representative in Congress who, after the no charge for sustenance or transportation shall facts, to be attached to such bill and filed there.' passage of this act, shall, for compensation paid be made; if in any other vessel, the court may with, that the services charged therein have been or to be paid, certain or contingent, act as agent adjudge what compensation shall be paid to the actually and necessarily performed as therein sta or attorney for prosecuting any claim or claims captain of said vessel , and the same shall be paid ted.

against the United States, or shall in any manner

That witnesses who are required to attend any or by any means for such compensation aid or asportation and subsistence be allowed

term of the court on the part of the United States sist in the prosecution or support of any such ceeding fifty cents per diem.

shall be subpænaed to attend to testify generally ! claim or claims, or shall receive any gratuity, or New SERIES-No. 22.

Qt a rate ex


goods, right in action, bribe, present, or reward, lending the thirtieth of June, one thousand eight / ty-sixth degree of north latitude crosses said river

32D Cong.... 2d Sess.

Laws of the United States. share of or interest in any claim from any


visions of this act, and of the act of July twenty assembled, That the depositaries which have been claimant against the United States, with intent to ninth, eighteen hundred and forty-six, entitled or may be designated by the Secretary of the aid or assist, or in consideration of having aided “ An act in relation to the payment of claims,” Treasury, under the fifteenth section of the act of the or assisted in the prosecution of such claim, shall shall apply and extend to all claims against the sixth of August, eighteen hundred and forty-six, be liable to indictment as for a misdemeanor in United States, whether allowed by special acts of to receive payments and give receipts or certificates any court of the United States having jurisdiction Congress or arising under general laws of treaties, of deposit for blic money from miscellaneous thereof, and, on conviction, shall pay a fine not or in any other manner whatever.

sources, other than the transactions of the respectexceeding five thousand dollars, or suffer impris Sec. 8. And be it further enacted, That nothing live offices for which they are or may be commisonment in the penitentiary not exceeding one

in the second and third sections of this act con sioned, may be paid in full compensation for reyear, or both, as the court in its discretion shall tained shall be construed to apply to the prosecu- ceiving, safely keeping, and paying out such public adjudge.

tion or defense of any action or suit in any judicial money, after the first day of March, eighteen hunSEC. 4. And be it further enacted, That any per court of the United States.

dred and forty-nine, at the rate ofone halfof one per son who, with intent to steal or destroy, shall wil. APPROVED, February 26, 1853.

centum for the first one hundred thousand dollars; fully and knowingly destroy, ar attempt to destroy,

one fourth ofone percentum for the second one hunor shall take and carry away any record, paper, | Public, XXVIII.-An Act to Regulate the Terms of dred thousand dollars; and one eighth of one per or proceeding of a court of justice, filed or depos the District Court of the United States for the dis centum for all sums over two hundred thousand ited with any clerk or officer of such court, or any trict of Iowa.

dollars; any sum which may have been allowed to paper or document or record filed or deposited in any public office, or with any judicial or public sentatives of the United States of America in Congress

Be it enacted by the Senate and House of Repre- | such depositary for rent or any other contingent

expense in respect to the custody of such pubofficer, shall, without reference to the value of the assembled, That instead of three terms annually of

lic money, being deducted from such compensarecord, paper, document, or proceeding, so taken, the district court of the United States for the dis

tion before any payment shall be made therefor: be deemed guilty of felony, and on conviction in trict of Iowa, as now prescribed by law, there shall

Provided, Thai no compensation shall be allowed any court of the United States having jurisdiction hereafter be held annually six terms of said court,

for the above services when the emoluments of the thereof, shall pay a fine not exceeding two thou as follows: at Dubuque on the first Mondays of

office of which said designated depositary is in sand dollars, or suffer imprisonment in a peniten- | January and July; ai Iowa city on the first Mon

commission amounts to the maximum compensatiary not exceeding three years, or both, as the days of May and October; and at Burlington on

tion fixed by law; nor shall the amount allowed court in its discretion shall adjudge. the third Mondays of May and October.

to any of said designated depositaries for such serSec. 5. And be it further enacted, That any offi

Sec. 2. And be it further enacted, That all pro

vices, when added to the emoluments of the office cer having the custody of any record, document, cess, bail-bonds, and recognizances returnable at

of which he is in commission, be more than suffipaper, or proceeding specified in the last preceding the term of said court at Dubuque, lowa city, and

cient to make the maximum compensation fixed section of this act, who shall fraudulently take Burlington respectively, shall be returnable and

by law: And provided further, That the whole a way, or withdraw, or destroy any such record, document, paper, or proceeding filed in his otfice

returned to the court next to be held at the place allowance to any designated depositary for such where said process, bail-bonds, and recognizances

services shall not exceed fifteen hundred dollars or deposited with him, or in his custody, shall be are made relurnable, and all continuances may be per annum. deemed guilty of felony, and on conviction in any made to conform to this act.

Sec. 2. And be it further enacted, That the sum court of the United States having jurisdiction

Sec. 3. And be il further enacted, That all acts

of twenty thousand dollars be and the same is thereof, shall pay a fine not exceeding two thou- and parts of acts inconsistent with the provisions hereby appropriated to meet the allowance which sand dollars, or suffer imprisonment in a peniten- of this act be, and the same are hereby, repealed. may be made under the provisions of this act. tiary not exceeding three years, or both, as the court in its discretion shall adjudge, and shall for.

APPROVED, February 26, 1853.

APPROVED, March 2, 1853. feit his office and be forever afierwards disqualified Public, XXVIX.-An Act making Ippropriations Public, XXXI.-An Act to Establish the Territorial from holding any office under the Government of

for the Support of the Military Academy for the the United States.

Government of Washington.
Sec. 6. And be it further enacteil, That if any

ending the thirtieth of June, one thousand eight
hundred and hifly-four.

Be it enacted by the Senate and House of Repreperson or persons shall directly or indirectly,

sentatives of the United States of America in Congress promise, offer, or give, or cause or procure to be

Be it enacted by the Senate and House of Repre- assembled, That, from and after the passage of this promised, offered, or given, any money, goods, i assembleil, That the following sums be, and the sentatives of the United States of America in Congress

act, all that portion of Oregon Territory lying and right in action, bribe, present, or reward, or any

being south of the forty-ninth degree of north latipromise, contract, undertaking, obligation, or sesame are hereby, appropriated out of any money

tude, and north of the middle of the main channel of curity, for the payment or delivery of any money, in the Treasury not otherwise appropriated, for

the Columbia river, from its mouth to where the forthe valuable thing to any

near Fort Walla-Walla, thence with -sixth ber of the Senate or House of Representatives of hundred and fifty-four. the United States, after his election as such mem

For pay of officers, instructors, cadets, and

degree of latitude to the summit of the Rocky

Mountains, be organized into and constitute a tember, and either before or after he shall have qual- | musicians, eighty-eight thousand two hundred and

porary government by the name of the Territory ified and taken his seat, or to any oficer of the sixty-six dollars

of Washington: Provided, That nothing in this act United States, or person holding any place of trust

For commutation of subsistence, two thousand

contained shall be construed to affect the authority or profit, or discharging any official function under one hundred and ninety dollars.

of the Government of the United States to make or in connection with any department of the Gov

For forage for officers' horses, nine hundred ernment of the United States, or under the Senate and sixty doilars.

any regulation respecting the Indians of said Ter.

ritory, their lands, property, or other rights, by or House of Representatives of the United States,

For repairs, fuel, and apparatus therefor, forage treaty, law, or otherwise, which it would have after the passage of this act, with intent to influ- for public horses and oxen, posiage, stationery,

been competent to the Government to make if this ence his vote or decision on any question, matter, printing, and other incidental and contingent ex

act had never passed: Provided further, That the cause, or proceeding which may then be pending,

penses, twenty-nine thousand six hundred and or may by law, or under the Constitution of the

title to the land, not exceeding six hundred and sixty dollars. United States, be brought before him in his official

For increase and expenses of the library, one

forty acres, now occupied as missionary stations capacity, or in his place of trust or profit, and thousand dollars.

among the Indian tribes in said Territory, or that shall be thereof convicted, such person or persons

For expenses of the board of visitors, three prior to the passage of the act establishing the

may have been so occupied as missionary stations 80 offering, promising, or giving, or causing or thousand dollars.

Territorial Government of Oregon, together with procuring to be promised, offered, or given any thousand five hundred dollars,

For completion of the new mess-hall, three

the improvements thereon, be, and is hereby, consuch money, goods, right in action, bribe, pres

firmed and established to the several religious soent or reward, or any promise, contract, under- eight thousand dollars.

For stable for dragoon and artillery horses,

cieties to which said missionary stations respecto taking, obligation, or security for the payment or delivery of any money, goods, right in action,

For forage for dragoon and cavalry horses,

ively belong.

Sec. 2. And be it further enacted, That the exbribe, present, or reward, or other valuable thing eight thousand six hundred and forty dollars. whatever, and the member, officer, or person who

ecutive power and authority in and over said Ter

For additional pay of fifty dollars each to the shall in any wise accept or receive the same, or soldier employed in the Adjutant's ofiice as clerk, who shall hold his office for four years, and until.

ritory of Washington shall be vested in a governor, and to the iwo enlisted men employed in the phil. his successor shall be appointed and qualified, unany part thereof, shall be liable to indictment as for a high crime and misdemeanor in any court of osophical and chemical departmenis, one hundred

less sooner removed by the President of the Unis the United States having jurisdiction for the trial

and fifty dollars. of crimes and misdemeanors; and shall, upon con

For the construction of a wharf, four thousand

ted States. The governor shall reside in said Terviction thereof, be fined not exceeding three times three hundred and thirty dollars.

ritory, shall be the commander-in-chief of the militia

thereof, shall perform the duties and receive the the amount so offered, promised, or given, and

APPROVED, March 2, 1853.

emoluments of superintendent of Indian affairs; imprisoned in a penitentiary not exceeding three

he may grant pardons and remit fines and forfeita years; and the person convicted of so accepting Public, XXX.–An Act to provide Compensation to

ures for offenses against the laws of said Territory, or receiving the same, or any part thereof, if an such Persons as may be designated by the Secretary || and respites for offenses against the laws of the officer or person holding any such place of trust or

of the Treasury to receive and keep the Public Money, United States until the decision of the President profit as aforesaid, shall forfeit his office or place; under the fifteenth section of the act of sixth August, can be made known thereon; he shall commission and any person so convicted under" this section eighteen hundred and forty-six, for the additional all officers who shall be appointed to office under shall forever be disqualified to hold any office of

services required under that act.

the laws of the said Territory, where by law such honor, trust, or profit, under the United States. Be it enacted by the Senate and House of Repre- | commissions shall be required, and shall take care

Sec. 7. And be it further enacted, That the pro- "esntatives of the United States of America in Congress that the laws be faithfully executed.


[blocks in formation]

Sec. 3. And be it further enacted, That there But thereafter the time, place, and manner of hold year after the expiration of such term; but this reshall be a secretary of said Territory, who shall ing and conducting all elections by the people, and striction shall not be applicable to members of the reside therein, and hold his office for four years, the apportioning the representation in the several first legislative assembly; and no person holding unless sooner removed by the President of the counties or districts to the council and house of a commission or appointment under the United United States; he shall record and preserve all the representatives, according to the number of quali States shall be a member of the legislative assem. laws and proceedings of the legislative assembly fied voters, shall be prescribed by law, as well as bly, or shall hold any office under ihe government hereinafter constituted, and all the acts and pro. the day of the commencement of the regular ses of said Territory. ceedings of the governor in his executive depart sion of the legislative assembly: Provided, That Sec. 9. And be it further enacted, That the judiment; he shall transmit one copy of the laws and no session in any one year shall exceed the term cial power of said Territory shall be vested in a journals of the legislative assembly within thirty of sixty days, except the first session, which shall supreme court, district courts, probate courts, and days after the end of each session, and one copy not exceed one hundred days.

in justices of the peace. The supreme court shall of the executive proceedings and official corre Sec. 5. And be il further enacted, That every consist of a chief justice and two associate justices, spondence semi-annually, on the first days of Jan- white male inhabitant above the age of twenty-one l any two of whom shall constitute a quorum, and uary and July in each year, to the President of the years, who shall have been a resident of said Terri who shall hold a term at the seat of government United States, and two copies of the laws to clie tory at the time of the passage of this act, and shall of said Territory annually, and they shall hold President of the Senate and to the Speaker of the possess the qualifications hereinafter prescribed, I their offices during the period of four years and House of Representatives, for the use of Congress. shall be entitled to vote at the first election, and 1) until their successors shall be appointed and qualiAnd in case of the death, removal, resignation, shall be eligible to any office within the said Ter fied. The said Territory shall be divided into ihree or absence of the governor from the Territory, ritory; but the qualifications of voters and of hold. I judicial districts, and a district court shall be held the secretary shall be, and he is hereby, authorized || ing office at all subsequent elections shall be such in each of said districts by one of the justices of and required to execute and perform all the powers || as shall be prescribed by the legislative assembly: the supreme court at such times and places as may and duties of the governor during such vacancy or | Provided, That the right of suffrage and of hold be prescribed by law; and the said judges shall, absence, or until another governor shall be duly ing office shall be exercised only by citizens of the after their appointments, respectively reside in the appointed and qualified to fill such vacancy. United States above the age of twenty-one years, districts which shall be assigned them. The ju

Sec. 4 And be it further enacted, That the legig. || and those above that age who shall have declared risdiction of the several courts herein provided for, lative power and authority of said Territory shallon oath their intention to become such, and shall both appellate and original, and thai of the probe vested in a legislative assembly, which shall || ve taken an oath to support the Constitution of bate courts and of justices of the peace, shall be as consist of a council and house of representatives. the United States and the provisions of this act: | limited by law: Provided, Thal justices of the peace The council shall consist of nine members, having And provided further, That no officer, soldier, sea. I shall not have jurisdiction of any case in which the qualification of voters, as hereinafter prescribed, man, mariner, or other person in the army or navy the title to land shall in any wise come in question, whose term of service shall continue three years. of the United States, or attached to troops in the or where the debt or damages claimed shall exImmediately after they shall be assembled, in con service of the United States, shall be allowed to ceed one hundred dollars; and the said supreme sequence of their first election, they shall be divi vote in said Territory, by reason of being on ser and district courts, respectively, shall possess chanded as equally as may be into three classes. The vice therein, unless said Territory is, and has been cery as well as common-law jurisdiction. Each Beats of the members of council of the first class for the period of six months, his permanent dom. district court, or the judge thereof, shall appoint shall be vacated at the expiration of the first year, icil: Provided further, That no person belonging its clerk, who shall also be the register in chanof the second class at the expiration of the second to the army or navy of the United States shall ever cery, and shall keep his office at the place where year, and of the third class at the expiration of the be elected io or hold any civil office or appointment the court may be held. Writs of error, bills of third year, so that one third may be chosen every in the said Territory.

exceprion, and appeals, shall be allowed in all cases year; and if vacancies happen, by resignation or Sec. 6. And be il further enacted, That the legis. from the final decisions of said district court to otherwise, the same shall be filled at the next en lative power of the Territory shall extend to all the supreme court, under such regulations as may suing election. The house of representatives shall, rightful subjects of legislation not inconsistent with be prescribed by law; but in po case removed to at its first session, consist of eighteen members, the Constitution and laws of the United States, the supreme court shall trial by jury be allowed possessing the same qualifications as prescribed But no law shall be passed interfering with the in said court. The supreme court, or the justices for members of the council, and whose term of ser primary disposal of the soil; no tax shall be im. thereof, shall appoint its own clerk, and every vice shall continue one year. The number of rep posed upon the property of the United States; nor clerk shall hold his office at the pleasure of the resentatives may be increased by the legislative shall the lands or other property of non-residents court for which he shall have been appointed. assembly, from time to time, in proportion to the be taxed higher than the lands or other property Writs of error and appeals from the final decisions increase of qualified voters: Provided, That the of residents. All the laws passed by the legisla of said supreme court shall be allowed, and may whole number shall never exceed thirty. An ap. tive assembly shall be submitted to the Congress be taken to the Supreme Court of the United States, portionment shall be made, as nearly equal as prac of the United States, and, if disapproved, shall be in the same manner and under the same regulations ticable, among the several counties or districts, for null and of no effect: Provided, That nothing in as from the circuit court of the United States, where the election of the council and representatives, giv this act shall be construed to give power to incor the value of the property, or the amount in coning to each section of the Territory representation porate a bank or any institution with banking pow troversy, to be ascertained by the oath or affirmin the ratio of its qualified voters, as nearly as may ers, or borrow money in the name of the Terri ation of either party, or other competent witness, be. And the members of the council and of the tory, or to pledge the faith of the people of the shall exceed two thousand dollars, and in all cases house of representatives shall reside in, and be in same for any loan whatever, directly or indirectly. where the constitution of the United States, or habitants of, the district or county or counties for No charter granting any privileges of making, is acts of Congress, or a treaty of the United States, which they may be elected, respectively. Pre suing, or putting into circulation any notes or bills is brought in question; and each of the said disvious to the first election, the governor shall cause in the likeness of bank notes, or any bonds, scrip, 1 trict courts shall have and exercise the same jurisa census or enumeration of the inhabitants and l drafts, bills of exchange, or obligations, or grant.

diction in all cases arising under the constitution qualified voters of the several counties and districts ing any other banking powers or privileges, shall of the United States and the laws of said Territory, of the Territory to be taken, by such persons and be passed by the legislative assembly; nor shall the as is vested in the circuit and district courts of the in such mode as the governor shall designate and establishment of any branch or agency of any such United States; writs of error and appeal in all such appoint; and the persons so appointed shall re corporation, derived from other authority, be al. cases shall be made to the supreme court of said ceive a reasonable compensation therefor. And the lowed in said Territory; nor shall said legislative Territory the same as in other cases. Writs of first election shall be held at such time and places, assembly authorize the issue of any obligation, error, and appeals from the final decisions of said and be conducted in such manner, both as to the scrip, or evidence of debt by said Territory, in supreme court, shall be allowed and may be taken persons who shall superintend such election and || any mode or manner whatever, except certificates to the Supreme Court of the United States in the the returns thereof, as the governor shall appoint for service to said Territory. And all such laws, same manner as from the circuit courts of the Uniand direct; and he shall at the same time declare or any law or laws inconsistent with the provisions ted States, where the value of the property, or the the number of members of the council and house ll of this act, shall be utterly null and void. And all || amount in controversy, shall exceed two thousand of representatives to which each of the counties or taxes shall be equal and uniform; and no distinc- || dollars, and each of said district courts shall have districts shall be entitled under this act; and the tion shall be made in the assessments between dif- and exercise the same jurisdiction in all cases arisgovernor shall, by his proclamation, give at least ferent kinds of property, but the assessments shall ing under the Constitution and laws of the United sixty days' previous notice of such apportionment, be according to the value thereof. To avoid im- 1 States, as is vested in the circuit and district courts and of the time, places, and manner of holding such proper influences which may result from intermix of the United States; and also of all cases arising election. The persons having the highest number | ing in one and the same act such things as have under the laws of said Territory, and otherwise. of legal votes in each of said council districts for || no proper relations to each other, every law shall

The said clerk shall receive in all such cases the members of the council, shall be declared by the embrace but one object, and that shall be expressed same fees which the clerks of the district courts governor to be duly elected to the council, and the || in the title.

of the Territory of Oregon receive for similar serpersons having the highest number of legal votes Sec. 7. And be it further enacted, That all town vices. for the house of representatives shall be declared ship, district, and county officers not herein other. Sec. 10. And be it further enacted, That there by the governor to be duly elected members of said wise provided for shall be appointed or elected in shall be appointed an attorney for said Territory, house: Provided, That in case two or more persons such manner as shall be provided by the legislative || who shall continue in office for four years and voted for shall have an equal number of votes, and assembly of the Territory of Washington.

until his successor shall be appointed and qualified, in case a vacancy shall otherwise occur in either Sec. 8. And be it further enacted, That no mem unless sooner removed by the President, and who branch of the legislative assembly, the governor ber of the legislative assembly shall hold or be shall receive the same fees and salary as is proshall order a new election; and the persons thus appointed to any office which shall have been cre vided by law for the attorney of the United States elected to the legislative assembly shall meet at ated, or the salary or emoluments of which shall for the Territory of Oregon. There shall also be such place and on such day within ninety days || have been increased while he was a member, du a marshal for the Territory appointed, who shall after such elections as the governor shall appoint, uring the term for which he was elected and for one I hold his office for four years and until his succes

« PoprzedniaDalej »