32D CONG....2D SESS. one half, one fifth, and one tenth, of the weight of said half dollar. SEC. 2. And be it further enacted, That the silver coins issued in conformity with the above section, shall be legal tenders in payment of debts for all sums not exceeding five dollars. Laws of the United States. tors in the United States courts, to United States SEC. 3. And be it further enacted, That in order to procure bullion for the requisite coinage of the subdivisions of the dollar authorized by this act, the treasurer of the mint shall, with the approval of the director, purchase such bullion with the bullion fund of the mint. He shall charge himself with the gain arising from the coinage of such bul-between the parties. lion into coins of a nominal value exceeding the intrinsic value thereof, and shall be credited with the difference between such intrinsic value and the price paid for said bullion, and with the expense of distributing said coins as hereinafter provided. The balances to his credit, or the profit of said coinage, shall be, from time to time, on a warrant of the director of the mint, transferred to the account of the treasurer of the United States. SEC. 4. And be it further enacted, That such coins shall be paid out at the mint in exchange for gold coins at par, in sums not less than one hundred dollars; and it shall be lawful, also, to transmit parcels of the same from time to time to the assistant treasurers, depositaries, and other officers of the United States, under general regulations, proposed by the director of the mint, and approved by the Secretary of the Treasury: Provided, however, That the amount coined into quarter-dollars, dimes, and half-dimes, shall be regulated by the Secretary of the Treasury. SEC. 5. And be it further enacted, That no deposits for coinage into the half-dollar, quarterdollar, dime, and half-dime, shall hereafter be received, other than those made by the treasurer of the mint, as herein authorized, and upon account of the United States. SEC. 6. And be it further enacted, That, at the option of the depositor, gold or silver may be cast into bars or ingots of either pure metal or of standard fineness, as the owner may prefer, with a stamp upon the same, designating its weight and fineness; but no piece, of either gold or silver, shall be cast into bars or ingots of a less weight than ten ounces, except pieces of one ounce, of two ounces, of three ounces, and of five ounces, all of which pieces of less weight than ten ounces shall be of the standard fineness, with their weight and fineness stamped upon them; but in cases whether the gold and silver deposited be coined or cast into bars or ingots, there shall be a charge to the depositor, in addition to the charge now made for refining or parting the metals, of one-half of one per centum; the money arising from this charge of one-half per centum shall be charged to the treasurer of the mint, and from time to time, on warrant of the director of the mint, shall be transferred into the Treasury of the United States: Provided, however, That nothing contained in this section shall be considered as applying to the halfdollar, the quarter-dollar, the dime, and half-dime. SEC. 7. And be it further enacted, That from time to time there shall be struck and coined at the mint of the United States and the branches thereof, conformably in all respects to law, and conform ably in all respects to the standard of gold coins now established by law, a coin of gold of the value of three dollars or units, and all the provisions of an act entitled "An act to authorize the coinage of gold dollars and double eagles, "approved March third, eighteen hundred and forty-nine, shall be applied to the coin herein authorized, so far as the same may be applicable; but the devices and shape of the three-dollar piece shall be fixed by the Secretary of the Treasury. SEC. 8. And be it further enacted, That this act shall be in force from and after the first day of June next. APPROVED, February 21, 1853. PUBLIC,XXVI.—An Act to regulate the Fees and Costs to be allowed Clerks, Marshals, and Attorneys of the Circuit and District Courts of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in lieu of the compensation now allowed by law to attorneys, solicitors, and proc Fees of Attorneys, Solicitors, and Proctors. In cases at law, where judgment is rendered For scire facias and other proceedings on recognisances, five dollars. For each deposition taken and admitted as evidence in the cause, two dollars and fifty cents. A compensation of five dollars shall be allowed for the services rendered in cases removed from a district to a circuit court by writ of error or appeal. For examination by a district attorney, before a judge or commissioner, of a person or persons charged with crime, five dollars per day for the time necessarily employed. For each day of his necessary attendance in a court of the United States, on the business of the United States, when the same shall be held at the place of his abode, five dollars, and the like sum for his attendance for each day of the term when the said court shall be held elsewhere. For traveling from the place of his abode to the place of holding any court of the United States in his district, and to the place of any examination before a judge or commissioner, of a person or ersons charged with crime, ten cents per mile for oing and ten cents for returning. When an indictment for crime shall be tried before a jury, and a conviction is had, in addition to the attorney's fees allowed by this act, the district attorney may be allowed a counsel fee in proportion to the importance and difficulty of the cause, not exceeding thirty dollars. In every case where a district attorney has, during the last six years, prosecuted or defended a suit in which the United States was concerned, in a district where the law allows no taxable attorney's fees, and for which he has received no compensation, except his per diem and annual salary, he shall be paid for his services according to the provisions of this act. For the services of counsel, rendered at the request of the head of a Department, such sum as may be stipulated or agreed on. Whenever there are or shall be several charges against any person or persons for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses which may be properly joined, instead of having several indictments, the whole may be joined in one indictment in separate counts; and if two or more indictments shall be found in such cases, the court may order them consolidated. Whenever two or more things belonging to the same person or persons are or shall be seized for an alleged violation of the revenue laws, the whole shall be included in one suit; and if not so included, and separate actions are prosecuted, the court may consolidate them. Whenever two or more indictments, suits, or proceedings, are or shall be prosecuted, which should be joined, the district attorney prosecuting them shall be paid but one bill of costs for all of them; and if any attorney, proctor, or other person admitted to manage or conduct causes in any court of the United States, or of the Territories thereof, shall appear to have multiplied the proceedings in any cause before such court, so as to increase costs unreasonably and vexatiously, such person may be required, by order of the court, to satisfy any excess of costs so increased. Whenever two or more charges are or shall be made, or two or more indictments shall be found against a person, only one writ or warrant shall be necessary to arrest and commit him for trial; and it shall be sufficient to state in the writ the name or general character of the offenses, or to refer to them only in very general terms. Only one writ or warrant shall be necessary to remove a prisoner from one district to another; a copy of which may be delivered to the sheriff or jailor from whose custody the prisoner may be taken, and another copy thereof to the sheriff or jailor to whose custody he may be committed, and the original writ, with the marshal's return thereon, shall be returned to the clerk of the district to which he may be removed. Whenever a prisoner is committed to a sheriff or jailor by virtue of a writ, warrant, or mittimus, a copy thereof shall be delivered to the sheriff or jailor as his authority to hold the prisoner, and the original writ, warrant, or mittimus, shall be returned to the proper court or officer with the officer's return thereon. Clerks' Fees. For issuing and entering every process, commission, summons, capias, execution, warrant, attachment, or other writ, except a writ of venire, summons, or subpoena for a witness, one dollar. For filing and entering every declaration, plea, or other paper, ten cents. For administering every oath or affirmation to a witness, or other person, except a juror, ten cents. For entering any return, rule, order, continuance, judgment, decree or recognizance, drawing any bond, or making any record, certificate, return, or report, for each folio fifteen cents; and for a copy of any such entry or record, or of any paper on file, not exceeding one folio, ten cents; and for each additional folio, ten cents. For making dockets and indexes, and for all other services on the trial or argument of a cause, where issue is joined and testimony given, including venire and taxing costs, three dollars. For making dockets and indexes, and for all other services in a cause where issue is joined and no testimony given, including taxing costs, two dollars. For making dockets and indexes, and for taxing costs and other services, in a cause which is dismissed, discontinued, or a judgment or decree is made or rendered therein without issue, one dollar. In equity and admiralty causes only the process, pleadings, and decree, and such orders and memorandums as may be necessary to show the jurisdiction of the court and regularity of the proceedings, shall be entered upon the final record; and, in case of an appeal, copies of the proofs, and of such entries and papers on file as may be necessary on hearing of the appeal, may be certified up to the appellate court. For affixing a seal of the court to any instrument when required, twenty cents. For issuing a writ of subpoena, twenty-five cents. For every search for any particular mortgage, judgment, or other lien, fifteen cents. For traveling from the office of the clerk, where he is required by law to reside, to the place of holding any court required to be held by law, five cents per mile for going and five for returning, and five dollars per day for his attendance on any such court or courts while actually in session. For searching the records of the court for judgments, decrees, and other instruments constituting a general lien upon real estate, and certifying the result of such search, fifteen cents for each person against whom such search is required to be made. For receiving, keeping, and paying out money, in pursuance of the requirements of any statute or order of court, one per cent. on the amount so received, kept, and paid. In cases removed by writ of error or appeal, the clerk's fees for making dockets and taxing costs, shall be but one dollar, and the clerks of the district and circuit courts respectively, ex officio, shall be, and hereby are, authorized and empowered to administer oaths, take acknowledgments, take and certify affidavits and depositions in the same manner as commissioners, and shall be entitled to the same fees and compensation therefor. Marshals' Fees. For service of any warrant, attachment, sum 32D CONG.....2D Sess. mons, capias, or other writ, (except execution, venire, or a summons or subpoena for a witness,) two dollars for each person on whom such service may be made: Provided, That on petition setting forth the facts on oath, the court may allow such fair compensation for the keeping of personal property attached and held on mesne process, as shall, on examination, be found to be reasonable. For serving a writ of subpoena on a witness, fifty cents; and no further compensation shall be allowed for any copy, summons, or notice for witness. For travel in going only to serve any process, warrant, attachment, or other writ, including writs of subpoena in civil and criminal cases, six cents per mile, to be computed from the place of service to the court or place where the writ or process is returned; and if more than one person is served therewith, the travel shall be computed from the court to the place of service which shall be the most remote, adding thereto extra travel which shall be necessary to serve it on others: Provided, That when more than two writs of any kind in behalf of the same party or parties, to be served on the same person or persons, or part of the same persons, are or might be served at the same time, the marshal shall be entitled to compensation for travel on only two of such writs; and to save unnecessary expense it shall be the duty of the clerk to insert the names of as many witnesses in a cause in each subpoena as convenience in serving the same will permit. And in all cases where mileage is allowed to the marshal by this act, it shall be at his option to receive the same or his actual traveling expenses, to be proved on his oath to the satisfaction of the court. For each bail bond, fifty cents. For summoning appraisers, each fifty cents. For every commitment or discharge of a prisoner, fifty cents. For every proclamation in admiralty, thirty cents. For sales of vessels or other property under process in admiralty, or under the order of a court of admiralty, and for receiving and paying the money, for any sum under five hundred dollars, two and one half per centum; for any larger sum one and one quarter per centum upon the excess. For serving an attachment in rem or a libel in admiralty, two dollars, and the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, not exceeding two dollars and fifty cents per day; and in case the debt or claim shall be settled by the parties without a sale of the property, the marshal shall be entitled to a commission of one per centum on the first five hundred dollars of the claim or decree and one half of one per centum on the excess over five hundred dollars: Provided, That in case the value of the property shall be less than the claim, then and in such case such commission shall be allowed only on the appraised value thereof. For serving a writ of possession, partition, execution, or any final process, the same mileage as is herein allowed for the service of any other writ; and for making the service, seizing, or levying on property, advertising, and disposing of the same by sale, set-off, or otherwise, according to law, receiving and paying over the money, the same fees and poundage as are or shall be allowed for similar services to the sheriffs of the several States respectively in which the service may be rendered. For serving venires and summoning every twelve men as grand or petit jurors, four dollars, or thirtythree and one third cents each; and in those States where jurors, by the laws of the State, are drawn by constables, or other officers of corporate towns or places, by lot, the marshal shall receive for the use of the officers employed in drawing and summoning the jurors and returning each venire, two dollars; and for his own trouble in distributing the venires, two dollars for each jury: Provided, That in no case shall the fees for distributing and serving venires, and drawing and summoning jurors by township officers, including mileage chargeable by the marshal for such service, at any court, exceed fifty dollars. For traveling from his residence to the place of holding court, to attend a term thereof, ten cents per mile for going only, and five dollars per day for attending the circuit and district courts when they are both in session, or for attending either of Laws of the United States. said courts when but one is in session, and for bringing in and committing prisoners and witnesses during the term. For executing a deed prepared by a party or his attorney, one dollar. For drawing and executing a deed, five dollars. For transporting criminals, ten cents per mile for himself, each necessary guard, and each pris oner. For copies of writs or papers furnished at the request of any party, ten cents per folio. For holding a court of inquiry or other proceeding before a jury, including the summoning of a jury, five dollars. The marshal of the District of South Carolina shall hereafter be entitled to receive a salary of two hundred dollars per an num. The respective courts of the United States shall appoint criers for their courts, to be allowed the sum of two dollars per day; and the marshals are hereby authorized to appoint such a number of persons, not exceeding five, as the judges of their respective courts shall determine, to attend upon the grand and other juries, and for other necessary purposes, who shall be allowed for their services the sum of two dollars per day, to be paid by and included in the accounts of the marshal, out of any money of the United States in his hands, the compensation to be given only for actual attendance; and when both courts are in session at the same time, to be paid but for attendance on one court. For expenses while employed in endeavoring to arrest under process any person charged with or convicted of a crime, the sum actually expended, not to exceed two dollars per day, in addition to his compensation for service and travel. For disbursing money to jurors and witnesses, and for other expenses, two per centum. For attending examinations before a commissioner, and bringing in, guarding, and returning prisoners charged with crime, and witnesses, two dollars per day, and the same for each deputy necessarily attending, not exceeding two. SEC. 2. And be it further enacted, That there shall be paid to the marshal his fees for services rendered for the United States, for summoning jurors and witnesses in behalf of the United States, and in behalf of any prisoner to be tried for a capital offense; for the maintenance of prisoners of the United States confined in jail for any criminal offense; for the commitment or discharge of such prisoners; for the expenses necessarily incurred for fuel, lights, and other contingencies that may accrue in holding the courts within the district, and providing the books necessary to record the proceedings thereof: Provided, That the marshal shall not incur an expense of more than twenty dollars in any one year for furniture, or fifty dollars for rent of building and making improvements thereon, without first submitting a statement and estimates to the Secretary of the Interior, and getting his instructions in the premises. SEC. 3. And be it further enacted, That every district attorney, clerk of a district court, clerk of a circuit court, and marshal of the United States, shall, until otherwise directed by law, upon the first days of January and July in each year, commencing with the first day of July next, or within thirty days from and after the days specified, make to the Secretary of the Interior, in such form as he shall prescribe, a return in writing, embracing all the fees and emoluments of their respective offices, of every name and character, distinguishing the fees and emoluments received or payable under the bankrupt act, from those received or payable for any other service; and in case of a marshal, further distinguishing the fees and emoluments received or payable for services by himself personally rendered, from those received or payable for services rendered by a deputy; and also distinguishing the fees and emoluments so received or payable for services rendered by each deputy, by name, and the proportion of such fees and emoluments which, by the terms of his service, each deputy is to receive; and also embracing all the necessary office expenses of such officer, together with the vouchers for the payment of the same for the half year ending on the said first day of January or July, as the case may be, which return shall be, in all cases, verified by the oath of the officer making the same. And no district attorney shall be allowed by the said Secretary of the Interior to retain of the fees and emoluments of his said office, for his own personal compensation, over and above his necessary office expenses, the necessary clerk hire included, to be audited and allowed by the proper accounting officers of the Treasury, a sum exceeding six thousand dollars per year, and at and after that rate for such time as he shall hold the office; and no clerk of a district court, or clerk of a circuit court, shall be allowed by the said Secretary to retain of the fees and emoluments of his said office, or, in case both of the said clerkships shall be held by the same person, of the said offices, for his own personal compensation, over and above the necessary expenses of his office, and necessary clerk hire included, also to be audited and allowed by the proper accounting officers of the Treasury, a sum exceeding three thousand five hundred dollars per year for any such district clerk, or circuit clerk, or at and after that rate for such time as he shall hold the office: Provided, That when the compensation of any clerk shall be less than five hundred dollars per annum, the difference, ascertained and allowed by the proper accounting officer of the Treasury, shall be paid to him therefrom, and no marshal shall be allowed by the said Secretary, to retain of the fees and emoluments of his office, for his own personal compensation, over and above a proper allowance to his deputies, which shall in no case exceed three fourths of the fees and emoluments received as payable for the services rendered by the deputy to whom the allowance is made, and may be reduced below that rate by the said Secretary of the Interior whenever the return shall show that rate of allowance to be unreasonable, and over and above the necessary office expenses of the said marshals, the necessary clerk hire included, also to be audited and allowed by the proper accounting officers of the Treasury, a sum exceeding six thousand dollars per year, or at and after that rate for such time as he shall hold the office; and every such officer shall, with each such return made by him, pay into the Treasury of the United States, or deposit to the credit of the Treasurer thereof, as he may be directed by the Secretary of the Interior, any surplus of the fees and emoluments of his office, which his half yearly return so made as aforesaid shall show to exist over and above the compensation and allowances hereinbefore authorized to be retained and paid by him. And in every case where the return of any such officer shall show that a surplus may exist, the said Secretary of the Interior shall cause such returns to be carefully examined, and the accounts of disbursements to be regularly audited by the proper officers of his department, and an account to be opened with such officer in proper books to be provided for that purpose, and the allowances for personal compensation for each calendar year shall be made from the fees and emoluments of that year, and not otherwise: And provided further, That nothing in any existing law of Congress authorizing the payment of a per diem compensation to a district attorney, clerk of a district court, or clerk of a circuit court, or marshal, or deputy marshal, for attendance upon the district or circuit courts during their sittings, shall be so construed as to authorize any such payment to any one of those officers for attendance upon either of those courts while sitting for the transaction of business under the bankrupt law merely, or for any portion of the time for which either of the said courts may be held open or in session by the authority conferred in that law; and no such charge in an account of any officer shall be certified as payable, or shall be allowed and paid out of the money herein before appropriated for defraying the expenses of the courts of the United States; and no per diem or other allowance shall be made to any such officer for attendance at rule days of the circuit or district courts; and when the circuit and district courts sit at the same time, no greater per diem or other allowance shall be made to any such officer than for an attendance on one court. The two last provisos of paragraph one hundred and sixty-seven of the civil and diplomatic appropriation act, approved May the eighteenth, one thousand eight hundred and forty-two, which require clerks to certify accounts, and confine the marshals, clerks, and district attorneys of the 32D CONG.....2D SESS. northern and southern districts of New York to the fees allowed by the State law to the clerks, attorneys, counsellors, and sheriffs, for similar services in the State courts, are hereby repealed. Commissioners' Fees. For administering an oath, ten cents; taking an acknowledgment, twenty-five cents. For hearing and deciding on criminal charges, five dollars per day for the time necessarily employed. For attending to a reference in a litigated matter in a civil cause at law, in equity, or in admiralty, in pursuance of an order of court, three dollars per day. For taking and certifying depositions to file, twenty cents for each folio of one hundred words, and ten cents per folio for each copy of the same furnished to a party on request. For issuing any warrant or writ, or any other service, the same compensation as is allowed to clerks for like services. For issuing any warrant under the tenth article of the treaty of the ninth of August, eighteen hundred and forty-two, between the United States and the Queen of the United Kingdom of Great Britain and Ireland, against any person charged with any of the crimes or offenses set forth in said article, two dollars; and the same sum for any warrant issued under the provisions of the convention for the surrender of criminals between the United States and the King of the French, concluded at Washington on the ninth of November, eighteen hundred and forty-three; and for hearing and deciding upon the case of any person charged with any offense or crime, and arrested under the provisions of said treaty or convention, five dollars per day for the time necessarily employed. Witnesses' Fees. For each day's attendance in court, or before any officer pursuant to law, one dollar and fifty cents; and five cents per mile for traveling from his place of residence to said place of trial or hearing, and five cents per mile for returning. When a witness is subpoenaed in more than one cause between the same parties in different suits at the same court, but one travel fee and one per diem compensation shall be allowed for attendance, to be taxed in the first case disposed of, and "per diem" only in the other causes, to be taxed from that time in each case in the order in which they may be disposed of. When a witness is detained in prison for want of security for his appearance, he shall be entitled to a compensation of one dollar per day over and above his subsistence. When a clerk or other officer of the United States shall be sent away from his place of business as a witness for the Government, either with or without papers or books, his salary shall continue; his necessary expenses, stated in items and sworn to, in going, returning, and attendance on the court, shall be audited and paid, but no mileage or other compensation shall in any case be allowed. There shall be paid to such seaman or other person as has been or shall be sent to the United States from any foreign port, station, sea or ocean, by any United States minister, chargé d'affaires, consul, commander, or captain, to give testimony in any criminal case which has been or may be depending in any court of the United States, such compensation as the court which had or shall have cognizance of the crime shall adjudge to be right and proper, not to exceed one dollar for each day the said seaman or person has been or shall be necessarily on the voyage, and arriving at the place of examination or trial, exclusive of sustenance or transportation; the court to take into consideration, in fixing said compensation, the condition of said seaman or witness, whether his voyage has been broken up to his injury by his being sent to the United States or not. If said seaman or person has been or shall be transported in an armed vessel of the United States, no charge for sustenance or transportation shall be made; if in any other vessel, the court may adjudge what compensation shall be paid to the captain of said vessel, and the same shall be paid accordingly: Provided, That in no case shall transportation and subsistence be allowed at a rate exceeding fifty cents per diem. NEW SERIES-No. 22. Laws of the United States. Jurors' Fees. For actual attendance at any court or courts, two dollars per day during such attendance. For traveling from their residence to said court or courts, five cents per mile for going, and the same for returning. Printers' Fees. on their behalf, and not to depart the court without leave of the court or district attorney, under which it shall be their duty to appear before the grand jury or petit jury, or both, as they shall be required by the court or district attorney; no writ shall be necessary to bring into court any prisoner or person in custody, or for remanding him from the court into custody; but the same shall be done on the order of the court or district attorney, for which no fee shall be charged by the clerk or the marshal. For publishing any statute, notice, or order required by law, or the lawful order of any court, department, bureau, or other person, in any newspaper, forty cents per folio for the first insertion, SEC. 4. And be it further enacted, That if any and twenty cents per folio for each subsequent in- person shall falsely take an oath or affirmation in sertion. That the compensation herein provided relation to any matter authorized by this act, such shall include the furnishing lawful evidence, un-person shall be deemed guilty of perjury, and upon der oath, of publication, to be made and furnished by the printer or publisher making such publication. The term folio in this act shall mean one hundred words, counting each figure as a word. When there are over fifty and under one hundred words, they shall be counted as one folio, but not when there are less, except when the whole statute, notice, or order contains less than fifty words. conviction thereof shall suffer the pains and penalties in that case provided. SEC. 5. And be it further enacted, That all laws and regulations heretofore made which are incompatible with the provisions of this act are hereby repealed and abrogated: Provided, nevertheless, That this act shall not be construed to repeal or modify any clause or provision of an act approved the eighteenth September, eighteen hundred and The bill of fees of clerk, marshal, and attor- fifty, entitled "An act to amend, and supplementneys, and the amount paid printers, and witnesses,ary to, the act entitled An act respecting fugiand lawful fees for exemplifications and copies of papers necessarily obtained for use on trial in cases where, by law, costs are recoverable in favor of the prevailing party, shall be taxed by a judge or clerk of the court, and be included in and form a portion of a judgment or decree against the losing party, such taxed bill shall be filed with the papers in the cause. In cases where the United States are parties, the marshal shall, on the order of the court, to be entered in its minutes, pay to the jurors and witnesses all such fees as they may appear by such order to be entitled to, which sums shall be allowed him at the Treasury in his accounts. The fees of the marshals, clerks, commissioners, and district attorneys, in cases where the United States are liable to pay the same, shall be paid on settling their accounts at the Treasury, such accounts to be made out and verified by the party under oath, and forwarded to the First Auditor of the Treasury. In prize cases, where there is a condemnation and sale, the costs, so far as they are payable and can be paid out of the proceeds of sale, shall be paid on the order of the court upon the filing of the taxed bills, making them a portion of the record in the case. No district attorney, marshal, or clerk, or their deputies, shall receive any other or greater compensation for any services rendered by him than is provided in this act; and all acts and parts of acts allowing to either of them any other or greater fees than is herein provided are hereby repealed, and to receive any other or greater compensation is hereby declared to be a misdemeanor; and if any officer hereinbefore mentioned, or his deputy, shall, by reason or color of his office, wilfully and corruptly demand and receive any other or greater fees than those allowed in this act, he shall, on conviction thereof in any court of the United States, forfeit and pay a fine not exceeding five hundred dollars, and be imprisoned not exceeding six months, at the discretion of the court before whom the conviction shall be had. But this shall not be construed to probibit the payment of any salary authorized by statute: Provided, That in the State of California and the Territory of Oregon, officers, jurors, and witnesses shall be allowed for the term of two years double the fees and compensation allowed by this act, and the same fees allowed by this act, with fifty per cent. added thereto, for two years thereafter. That before any bill of costs shall be taxed by any judge or other officer, or allowed by any officer of the Treasury, in favor of clerks, marshals, commissioners, or district attorneys, the party claiming such bill shall prove by his own oath, or some other person having a knowledge of the facts, to be attached to such bill and filed therewith, that the services charged therein have been actually and necessarily performed as therein stated. That witnesses who are required to attend any term of the court on the part of the United States shall be subpoenaed to attend to testify generally tives from justice, and persons escaping from the 'service of their masters, approved February twelfth, seventeen hundred and ninety-three. SEC. 6. And be it further enacted, That the act approved September twenty-eighth, eighteen hundred and fifty, entitled "An act to provide for extending the laws and judicial system of the United States to the State of California," be so amended as to confer on the district court of the State of California jurisdiction in all criminal cases as fully and completely as is conferred by law upon the district or circuit court of the State of New York. APPROVED, February 26, 1853. . PUBLIC, XXVII.-An Act to prevent Frauds upon the Treasury of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all transfers and assignments hereafter made of any claim upon the United States, or any part or share thereof, or interest therein, whether absolute or conditional, and whatever may be the consideration therefor; and all powers of attorney, orders, or other authorities for receiving payment of any such claim, or any part or share thereof, shall be absolutely null and void, unless the same shall be freely made and executed in the presence of at least two attesting witnesses, after the allowance of such claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof. SEC. 2. And be it further enacted, That any officer of the United States, or person holding any place of trust or profit, or discharging any official function under, or in connection with, any executive department of the Government of the United States, or under the Senate or House of Representatives of the United States, who, after the passage of this act, shall act as an agent or attorney for prosecuting any claim against the United States, or shall in any manner, or by any means otherwise than in the discharge of his proper official duties, aid or assist in the prosecution or support of any such claim or claims, or shall receive any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claims, shall be liable to indictment as for a misdemeanor, in any court of the United States having jurisdiction thereof, and, on conviction, shall pay a fine not exceeding five thousand dollars, or suffer imprisonment in the penitentiary not exceeding one year, or both, as the court in its discretion shall adjudge. SEC. 3. And be it further enacted, That any Senator or Representative in Congress who, after the passage of this act, shall, for compensation paid or to be paid, certain or contingent, act as agent or attorney for prosecuting any claim or claims against the United States, or shall in any manner or by any means for such compensation aid or assist in the prosecution or support of any such claim or claims, or shall receive any gratuity, or 32D CONG....2D SESS. any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted in the prosecution of such claim, shall be liable to indictment as for a misdemeanor in any court of the United States having jurisdiction thereof, and, on conviction, shall pay a fine not exceeding five thousand dollars, or suffer imprisonment in the penitentiary not exceeding one year, or both, as the court in its discretion, shall adjudge. || Laws of the United States. visions of this act, and of the act of July twentyninth, eighteen hundred and forty-six, entitled "An act in relation to the payment of claims," shall apply and extend to all claims against the United States, whether allowed by special acts of Congress or arising under general laws of treaties, or in any other manner whatever. assembled, That the depositaries which have been or may be designated by the Secretary of the Treasury, under the fifteenth section of the act of the sixth of August, eighteen hundred and forty-six, to receive payments and give receipts or certificates of deposit for public money from miscellaneous sources, other than the transactions of the respective offices for which they are or may be commissioned, may be paid in full compensation for re Sec. 8. And be it further enacted, That nothing in the second and third sections of this act contained shall be construed to apply to the prosecu-ceiving, safely keeping, and paying out such public tion or defense of any action or suit in any judicial court of the United States. APPROVED, February 26, 1853. PUBLIC, XXVIII.-An Act to Regulate the Terms of the District Court of the United States for the district of Iowa. SEC. 4. And be it further enacted, That any person who, with intent to steal or destroy, shall wilfully and knowingly destroy, ar attempt to destroy, or shall take and carry away any record, paper, or proceeding of a court of justice, filed or deposited with any clerk or officer of such court, or any paper or document or record filed or deposited in any public office, or with any judicial or public officer, shall, without reference to the value of the record, paper, document, or proceeding, so taken, be deemed guilty of felony, and on conviction in any court of the United States having jurisdiction thereof, shall pay a fine not exceeding two thou-as follows: at Dubuque on the first Mondays of sand dollars, or suffer imprisonment in a penitentiary not exceeding three years, or both, as the court in its discretion shall adjudge. SEC. 5. And be it further enacted, That any officer having the custody of any record, document, paper, or proceeding specified in the last preceding section of this act, who shall fraudulently take away, or withdraw, or destroy any such record, document, paper, or proceeding filed in his office or deposited with him, or in his custody, shall be deemed guilty of felony, and on conviction in any court of the United States having jurisdiction thereof, shall pay a fine not exceeding two thousand dollars, or suffer imprisonment in a penitentiary not exceeding three years, or both, as the court in its discretion shall adjudge, and shall forfeit his office and be forever afterwards disqualified from holding any office under the Government of the United States. SEC. 6. And be it further enacted, That if any person or persons shall directly or indirectly, promise, offer, or give, or cause or procure to be promised, offered, or given, any money, goods, right in action, bribe, present, or reward, or any promise, contract, undertaking, obligation, or security, for the payment or delivery of any money, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That instead of three terms annually of the district court of the United States for the district of Iowa, as now prescribed by law, there shall hereafter be held annually six terms of said court, January and July; at lowa city on the first Mondays of May and October; and at Burlington on the third Mondays of May and October. SEC. 2. And be it further enacted, That all process, bail-bonds, and recognizances returnable at the term of said court at Dubuque, Iowa city, and Burlington respectively, shall be returnable and returned to the court next to be held at the place where said process, bail-bonds, and recognizances are made returnable, and all continuances may be made to conform to this act. SEC. 3. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed. APPROVED, February 26, 1853. money, after the first day of March, eighteen hundred and forty-nine, at the rate of one half of one per centum for the first one hundred thousand dollars; one fourth of one per centum for the second one hundred thousand dollars; and one eighth of one per centum for all sums over two hundred thousand dollars; any sum which may have been allowed to such depositary for rent or any other contingent expenses in respect to the custody of such public money, being deducted from such compensation before any payment shall be made therefor: Provided, That no compensation shall be allowed for the above services when the emoluments of the office of which said designated depositary is in commission amounts to the maximum compensation fixed by law; nor shall the amount allowed to any of said designated depositaries for such services, when added to the emoluments of the office of which he is in commission, be more than suflicient to make the maximum compensation fixed by law: And provided further, That the whole allowance to any designated depositary for such services shall not exceed fifteen hundred dollars per annum. SEC. 2. And be it further enacted, That the sum of twenty thousand dollars be and the same is hereby appropriated to meet the allowance which may be made under the provisions of this act. APPROVED, March 2, 1853. Government of Washington. PUBLIC, XXVIX.-An Act making Appropriations PUBLIC, XXXI.-An Act to Establish the Territorial Be it enacted by the Senate and House of Representatives of the United States of America in Congress Be it enacted by the Senate and House of Repre-assembled, That, from and after the passage of this sentatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated out of any money in the Treasury not otherwise appropriated, for the support of the Military Academy for the year act, all that portion of Oregon Territory lying and being south of the forty-ninth degree of north latitude, and north of the middle of the main channel of the Columbia river, from its mouth to where the for goods, right in action, bribe, present, or reward, ending the thirtieth of June, one thousand eight ty-sixth degree of north latitude crosses said river or any other valuable thing whatever, to any member of the Senate or House of Representatives of the United States, after his election as such mem hundred and fifty-four. For pay of officers, instructors, cadets, and ber, and either before or after he shall have qual-musicians, eighty-eight thousand two hundred and ified and taken his seat, or to any officer of the United States, or person holding any place of trust or profit, or discharging any official function under or in connection with any department of the Government of the United States, or under the Senate or House of Representatives of the United States, after the passage of this act, with intent to influence his vote or decision on any question, matter, cause, or proceeding which may then be pending, or may by law, or under the Constitution of the United States, be brought before him in his official capacity, or in his place of trust or profit, and shall be thereof convicted, such person or persons so offering, promising, or giving, or causing or procuring to be promised, offered, or given any such money, goods, right in action, bribe, present or reward, or any promise, contract, undertaking, obligation, or security for the payment or delivery of any money, goods, right in action, bribe, present, or reward, or other valuable thing whatever, and the member, officer, or person who shall in any wise accept or receive the same, or any part thereof, shall be liable to indictment as for a high crime and misdemeanor in any court of the United States having jurisdiction for the trial of crimes and misdemeanors; and shall, upon conviction thereof, be fined not exceeding three times the amount so offered, promised, or given, and imprisoned in a penitentiary not exceeding three years; and the person convicted of so accepting or receiving the same, or any part thereof, if an officer or person holding any such place of trust or profit as aforesaid, shall forfeit his office or place; and any person so convicted under this section shall forever be disqualified to hold any office of honor, trust, or profit, under the United States. SEC. 7. And be it further enacted, That the pro sixty-six dollars. For commutation of subsistence, two thousand one hundred and ninety dollars. For forage for officers' horses, nine hundred and sixty dollars. For repairs, fuel, and apparatus therefor, forage for public horses and oxen, postage, stationery, printing, and other incidental and contingent expenses, twenty-nine thousand six hundred and sixty dollars. For increase and expenses of the library, one thousand dollars. For expenses of the board of visitors, three thousand dollars. For completion of the new mess-hall, three thousand five hundred dollars. For stable for dragoon and artillery horses, eight thousand dollars. For forage for dragoon and cavalry horses, eight thousand six hundred and forty dollars. For additional pay of fifty dollars each to the soldier employed in the Adjutant's office as clerk, and to the two enlisted men employed in the philosophical and chemical departments, one hundred and fifty dollars. For the construction of a wharf, four thousand three hundred and thirty dollars. APPROVED, March 2, 1853. PUBLIC, XXX.—An Act to provide Compensation to Be it enacted by the Senate and House of Repre- near Fort Walla-Walla, thence with said forty-sixth degree of latitude to the summit of the Rocky Mountains, be organized into and constitute a temporary government by the name of the Territory of Washington: Provided, That nothing in this act contained shall be construed to affect the authority of the Government of the United States to make any regulation respecting the Indians of said Territory, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the Government to make if this act had never passed: Provided further, That the title to the land, not exceeding six hundred and forty acres, now occupied as missionary stations among the Indian tribes in said Territory, or that may have been so occupied as missionary stations prior to the passage of the act establishing the Territorial Government of Oregon, together with the improvements thereon, be, and is hereby, confirmed and established to the several religious societies to which said missionary stations respectively belong. SEC. 2. And be it further enacted, That the executive power and authority in and over said Territory of Washington shall be vested in a governor, who shall hold his office for four years, and until. his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside in said Territory, shall be the commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs; he may grant pardons and remit fines and forfeitures for offenses against the laws of said Territory, and respites for offenses against the laws of the United States until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, where by law such commissions shall be required, and shall take care that the laws be faithfully executed. 32D CONG.....2D SESS. SEC. 3. And be it further enacted, That there shall be a secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and journals of the legislative assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and July in each year, to the President of the United States, and two copies of the laws to the President of the Senate and to the Speaker of the House of Representatives, for the use of Congress. And in case of the death, removal, resignation, or absence of the governor from the Territory, the secretary shall be, and he is hereby, authorized and required to execute and perform all the powers and duties of the governor during such vacancy or absence, or until another governor shall be duly appointed and qualified to fill such vacancy. Laws of the United States. But thereafter the time, place, and manner of hold- year after the expiration of such term; but this reing and conducting all elections by the people, and striction shall not be applicable to members of the the apportioning the representation in the several first legislative assembly; and no person holding counties or districts to the council and house of a commission or appointment under the United representatives, according to the number of quali-States shall be a member of the legislative assembly, or shall hold any office under the government of said Territory. fied voters, shall be prescribed by law, as well as SEC. 5. And be it further enacted, That every SEC. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices during the period of four years and until their successors shall be appointed and qualified. The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the supreme court at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any case in which the title to land shall in any wise come in question, or where the debt or damages claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery as well as common-law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals, shall be allowed in all cases SEC. 6. And be it further enacted, That the legis- from the final decisions of said district court to lative power of the Territory shall extend to all the supreme court, under such regulations as may rightful subjects of legislation not inconsistent with be prescribed by law; but in no case removed to the Constitution and laws of the United States. the supreme court shall trial by jury be allowed But no law shall be passed interfering with the in said court. The supreme court, or the justices primary disposal of the soil; no tax shall be im- thereof, shall appoint its own clerk, and every posed upon the property of the United States; nor clerk shall hold his office at the pleasure of the shall the lands or other property of non-residents court for which he shall have been appointed. be taxed higher than the lands or other property Writs of error and appeals from the final decisions of residents. All the laws passed by the legisla- of said supreme court shall be allowed, and may tive assembly shall be submitted to the Congress be taken to the Supreme Court of the United States, of the United States, and, if disapproved, shall be in the same manner and under the same regulations null and of no effect: Provided, That nothing in as from the circuit court of the United States, where this act shall be construed to give power to incor- the value of the property, or the amount in conporate a bank or any institution with banking pow-troversy, to be ascertained by the oath or affirmers, or borrow money in the name of the Terri- || ation of either party, or other competent witness, tory, or to pledge the faith of the people of the shall exceed two thousand dollars, and in all cases same for any loan whatever, directly or indirectly. No charter granting any privileges of making, issuing, or putting into circulation any notes or bills in the likeness of bank notes, or any bonds, scrip, drafts, bills of exchange, or obligations, or granting any other banking powers or privileges, shall be passed by the legislative assembly; nor shall the establishment of any branch or agency of any such corporation, derived from other authority, be allowed in said Territory; nor shall said legislative assembly authorize the issue of any obligation, scrip, or evidence of debt by said Territory, in any mode or manner whatever, except certificates for service to said Territory. And all such laws, or any law or laws inconsistent with the provisions of this act, shall be utterly null and void. And all taxes shall be equal and uniform; and no distinction shall be made in the assessments between different kinds of property, but the assessments shall be according to the value thereof. To avoid improper influences which may result from intermixing in one and the same act such things as have no proper relations to each other, every law shall embrace but one object, and that shall be expressed in the title. SEC. 4 And be it further enacted, That the legislative power and authority of said Territory shall be vested in a legislative assembly, which shall consist of a council and house of representatives. The council shall consist of nine members, having the qualification of voters, as hereinafter prescribed, whose term of service shall continue three years. Immediately after they shall be assembled, in consequence of their first election, they shall be divided as equally as may be into three classes. The seats of the members of council of the first class shall be vacated at the expiration of the first year, of the second class at the expiration of the second year, and of the third class at the expiration of the third year, so that one third may be chosen every year; and if vacancies happen, by resignation or otherwise, the same shall be filled at the next ensuing election. The house of representatives shall, at its first session, consist of eighteen members, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. The number of representatives may be increased by the legislative assembly, from time to time, in proportion to the increase of qualified voters: Provided, That the whole number shall never exceed thirty. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the council and representatives, giving to each section of the Territory representation in the ratio of its qualified voters, as nearly as may be. And the members of the council and of the house of representatives shall reside in, and be inhabitants of, the district or county or counties for which they may be elected, respectively. Previous to the first election, the governor shall cause a census or enumeration of the inhabitants and qualified voters of the several counties and districts of the Territory to be taken, by such persons and in such mode as the governor shall designate and appoint; and the persons so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time and places, and be conducted in such manner, both as to the persons who shall superintend such election and the returns thereof, as the governor shall appoint and direct; and he shall at the same time declare the number of members of the council and house of representatives to which each of the counties or districts shall be entitled under this act; and the governor shall, by his proclamation, give at least sixty days' previous notice of such apportionment, and of the time, places, and manner of holding such election. The persons having the highest number of legal votes in each of said council districts for members of the council, shall be declared by the governor to be duly elected to the council, and the persons having the highest number of legal votes for the house of representatives shall be declared by the governor to be duly elected members of said house: Provided, That in case two or more persona voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either SEC. 8. And be it further enacted, That no membranch of the legislative assembly, the governor ber of the legislative assembly shall hold or be shall order a new election; and the persons thus appointed to any office which shall have been creelected to the legislative assembly shall meet at ated, or the salary or emoluments of which shall such place and on such day within ninety days have been increased while he was a member, duafter such elections as the governor shall appoint,ring the term for which he was elected and for one SEC. 7. And be it further enacted, That all township, district, and county officers not herein otherwise provided for shall be appointed or elected in such manner as shall be provided by the legislative assembly of the Territory of Washington. where the constitution of the United States, or acts of Congress, or a treaty of the United States, is brought in question; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution of the United States and the laws of said Territory, as is vested in the circuit and district courts of the United States; writs of error and appeal in all such cases shall be made to the supreme court of said Territory the same as in other cases. Writs of error, and appeals from the final decisions of said supreme court, shall be allowed and may be taken to the Supreme Court of the United States in the same manner as from the circuit courts of the United States, where the value of the property, or the amount in controversy, shall exceed two thousand dollars, and each of said district courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and laws of the United States, as is vested in the circuit and district courts of the United States; and also of all cases arising under the laws of said Territory, and otherwise. The said clerk shall receive in all such cases the same fees which the clerks of the district courts of the Territory of Oregon receive for similar services. SEC. 10. And be it further enacted, That there shall be appointed an attorney for said Territory, who shall continue in office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall receive the same fees and salary as is provided by law for the attorney of the United States for the Territory of Oregon. There shall also be a marshal for the Territory appointed, who shall hold his office for four years and until his succes |