April 23, 1856. CHAP. XXI. An Act amendatory of an Act entitled "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."

in District of

Columbia.

66

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the act entitled Pay of Jurors 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," approved February twenty-sixth, eighteen hundred and fifty-three, as applies to the fees of jurors, be and the same is hereby made to embrace the jurors of the United States courts for the District of Columbia.

1853, ch. 80. Vol. x. p. 161.

April 30, 1856. 1855, ch. 142.

Times and places of sessions of circuit court in California.

Powers of circuit judge same as of other circuit judges.

1855, ch. 142. Vol. x. p. 631.

APPROVED, April 23, 1856.

CHAP. XXIII.-An Act to alter and amend an Act entitled "An Act to establish a Circuit Court of the United States in and for the State of California," approved March third, eighteen hundred and fifty-five.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the circuit court of the United States for the districts of California shall hereafter hold four regular sessions in each year, two of which, beginning respectively on the first Monday in January and July, shall be held at San Francisco, in and for the northern district of California; and the other two, beginning respectively on the first Monday of March and September, shall be held at Los Angeles, in the southern district of California, and the circuit judge of California shall have the same powers in relation to his attendance on said sessions and the arrangement of business thereat as are vested in the other circuit judges of the United States by the second section of the act approved the seventeenth of June, one thousand eight hundred and forty-four, entitled "An act concerning the supreme court of the United States;" Provided, That the term of said court herein provided to be held at San Francisco on the first Monday in January next, may be held in advance of that time under order of the said circuit judge upon notice previously given in conformity with the second section of the act of which this act is amendatory.

SEC. 2. And be it further enacted, That the said circuit court shall be presided over by the judge of the circuit court of the United States Judges of circuit court. for the districts of California, and by the judge of the district court for Either judge the district in which the court is holden, either of whom shall constitute a to be a quorum. quorum; and the said circuit court and the said circuit judge, and each of the said district judges within his separate district, when sitting Powers of as circuit judge, shall be, and they are hereby, respectively vested with judges same as all the authority, powers, and jurisdiction which are vested by existing of other circuit laws in the several circuit courts of the United States, or the judges judges. Laws respect- thereof. And all laws, or parts of laws, which now are or may hereafter ing circuit courts be enacted, regulating the jurisdiction, process, and practice of the circuit extended to cir- courts of the United States, shall be, and the same are hereby, made

cuit court of California.

Marshal.

Clerk of circuit court to keep records in San Francisco may appoint deputies.

applicable to the said circuit court for each of said districts of California. And the marshal of the United States for each district of California shall act as marshal of said circuit court for his district, and shall attend not only the regular sessions of said courts, but such special or extra terms as may be held in either district, which the said circuit judge is hereby authorized to order in conformity to the mode directed by the second section of the act of which this act is amendatory.

SEC. 3. And be it further enacted, That the clerk of the said circuit court of the United States for the districts of California shall keep the records of said court in the city of San Francisco, and he is hereby authorized to appoint a deputy or deputies, whose official acts, signatures, attestations, and certificates shall be entitled to as full credit as those of the said clerk.

transferred to

SEC. 4. And be it further enacted, That all suits or causes instituted in the district courts of California prior to the first Monday of July, eighteen Suits to be hundred and fifty-five, and which remain pending in either of said courts, the circuit or in which final process has not been executed, and which are properly court. within the jurisdiction of circuit courts, and not of district courts of the United States, shall be removed for the district in which the cause is pending by a transfer and delivery to the clerk of the said circuit court of the original papers with an exemplification of the record or docket entries under the seal of the district court, for which exemplification the clerk of the said district court shall receive the same fees as are allowed for similar services in making transcripts for appeals or writs of error, to be paid by the party applying for the same, and taxed as costs on final judgment; and all causes now pending in said circuit court of the United States, against parties residing in the southern district of California, shall, on application of the parties defendant, made within three months from the date when this act shall take effect, be removed in like manner to the said circuit court held in the southern district of California, and all such causes shall take rank on the docket according to the date of removal; and all suits removed under the provisions of this section shall be proceeded in, and conducted in the same manner as if originally instituted in the court to which they may be removed.

Inconsistent

SEC. 5. And be it further enacted, That all laws, or parts of laws, contrary to or inconsistent with this act, shall be, and remain repealed, from laws repealed. the date when this act shall take effect.

SEC. 6. And be it further enacted, That this act shall take effect in ninety days after the passing thereof, and not before that period. APPROVED, April 30, 1856.

Act, when to take effect.

May 9, 1856.

Columbus,

Ky., made a port of delivery.

Surveyor.

CHAP. XXIV. An Act creating Columbus, in Kentucky, a Port of Delivery. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Columbus, in the State of Kentucky, be and is hereby constituted a port of delivery, within the collection district of New Orleans, and there shall be a surveyor of customs appointed for the said port, who shall perform the duties, and receive the salary and emoluments prescribed by the act of Congress, approved on the second day of March, eighteen hundred and thirty-one, entitled "An act allowing the duties on foreign merchandise imported into Pitts- Vol. iv. p. 480. burg, Wheeling, Cincinnati, Louisville, St. Louis, Nashville, and Natchez, to be secured and paid at those places: Provided, That it shall be the duty of the Secretary of the Treasury to abolish said port of delivery public good whenever, in his judgment, the public interest shall no longer require a requires it. port of delivery at that place. APPROVED, May 9, 1856.

CHAP. XXV. - An Act to surrender to the State of Illinois the Cumberland Road in said

State.

1831, ch. 87.

Port shall be abolished if

May 9, 1856.

So much of

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the Cumber- the Cumberland land Road as lies within the State of Illinois, and all the interest of the Road as is in United States in the same, together with all the stone, timber, and other Illinois, with materials belonging to the United States, and procured for the purpose rendered to that materials, surof being used in the construction of the same, and all the rights and State. privileges of every kind belonging to the United States, as connected with said road, in said State, be, and the same are hereby, transferred and surrendered to the said State of Illinois.

APPROVED, May 9, 1856.

May 14, 1856. 1855, ch. 207.

Vol. x. p. 701.

bounty land to

be received in certain cases.

CHAP. XXVI. - An Act to amend the Act in addition to certain Acts granting Bounty Land to certain Officers and Soldiers who have been engaged in the Military Service of the United States, approved March third, eighteen hundred and fifty-five.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where a cerFormer evi- tificate or warrant for bounty land for any less quantity than one hundred dence of right to and sixty acres, shall have been issued to any officer or soldier, or to the widow or minor child or children of any officer or soldier, under existing laws, the evidence upon which such certificate or warrant was issued shall be received to establish the service of such officer or soldier in the application of himself, or of his widow or minor child or children, for a certificate or warrant for so much land as may be required to make up the full sum of one hundred and sixty acres, on proof of the identity of such officer or soldier, or in case of his death, of the marriage and identity of his widow, or in case of her death, of the identity of his minor child or children: Provided, nevertheless, That if, upon a review of such evidence, Additional evi- the Commissioner of Pensions shall not be satisfied that the former cer

Proviso.

dence may be tificate or warrant was properly granted, he may require additional evi

required.

Former evi

dence of right to a pension to be received in cer

tain cases on application for bounty land.

Rights of widows and children.

Proviso. Additional evidence may be required.

So much of

act of 1855, ch. 207, as requires record evidence of service, repealed.

dence, as well of the term as of the fact of service.

SEC. 2. And be it further enacted, That in all cases where a pension has been granted to any officer or soldier, the evidence upon which such pension was granted shall be received to establish the service of such officer or soldier in his application for bounty land under existing laws; and upon proof of his identity as such pensioner, a certificate or warrant may be issued to him for the quantity of land to which he shall be entitled; and in case of the death of such pensioned officer or soldier, his widow shall be entitled to a certificate or warrant for the same quantity of land to which her husband would have been entitled, if living, upon proof that she is such widow, and in case of the death of such officer or soldier, leaving a minor child or children and no widow, or where the widow may have deceased before the issuing of any certificate or warrant, such minor child or children shall be entitled to a certificate or warrant for the same quantity of land as the father would have been entitled to receive if living, upon proof of the decease of father and mother: Provided, nevertheless, That if, upon a review of such evidence, the Commissioner of Pensions shall not be satisfied that the pension was properly granted, he may require additional evidence, as well of the term as of the fact of service.

SEC. 3. And be it further enacted, That so much of the third section of the "Act in addition to certain acts granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States," approved March third, eighteen hundred and fifty-five, as requires the party claiming a certificate or warrant, under the provisions of said act, to establish his or her right thereto, by record evidence of the service for which such certificate or warrant has been or may be claimed, be, and the same is hereby, repealed, and parol evidence, where no record evidence exists, may be admitted to prove the service perwhere no record formed, under such rules and regulations as the Commissioner of Pensions may prescribe.

Parol evidence

of service may be received

evidence exists.

Act of 1855, ch,

207, 8, extended to naval officers, &c., in revolutionary war, and their widows, &c.

SEC. 4. And be it further enacted, That the eighth section of the act above mentioned, approved the third day of March, in the year eighteen hundred and fifty-five, shall be construed as embracing officers, marines, seamen, and other persons engaged in the naval service of the United States during the revolutionary war, and the widows and minor children of all such officers, marines, seamen, and other persons engaged as aforesaid.

SEC. 5. And be it further enacted, That the provisions of the said act Act of 1855, ch. shall extend to all persons who have served as volunteers with the armed 207, extended to volunteers who forces of the United States, subject to military orders, for the space of

tered into ser

fourteen days, in any of the wars specified in the first section of the said were not musact, whether such persons were or were not mustered into the service of the United States.

SEC. 6. And be it further enacted, That the widows and minor children of all such persons as are specified in the last preceding section of this act, and are now dead, shall be entitled to the same privileges as the widows and minor children of the beneficiaries named in the act to which this is an amendment.

vice.

Same subject.

Allowance of

for distance from

SEC. 7. And be it further enacted, That when any company, battalion, or regiment, in an organized form, marched more than twenty miles to the place where they were mustered into the service of the United States, time of service or were discharged more than twenty miles from the place where such home to place company, battalion, or regiment was organized, in all such cases, in com- of muster or puting the length of service of the officers and soldiers of any such com- discharge. pany, battalion, or regiment, there shall be allowed one day for every twenty miles from the place where the company, battalion, or regiment was organized to the place where the same was mustered into the service of the United States, and also one day for every twenty miles from the place where such company, battalion, or regiment was discharged, to the place where it was organized, and from whence it marched to enter the service: Provided, That such march was in obedience to the command or direction of the President of the United States, or some general officer of the United States, commanding an army or department, or the chief executive officer of the State or Territory by which such company, battalion, or regiment was called into service.

APPROVED, May 14, 1856.

Proviso.

CHAP. XXVIII. —An Act making a Grant of Lands to the State of Iowa, in alternate May 15, 1856. Sections to aid in the Construction of certain Railroads in said State.

Grant of land

roads.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be and is hereby granted to the State of Iowa, for the purpose of aiding in the construction of railroads from Burlington, on the Mississippi River, to a point on the to Iowa for railMissouri River near the mouth of the Platte River; from the city of Davenport, via Iowa City and Fort Des Moines, to Council Bluffs; from Lyons City northwesterly to a point of intersection with the main line of the Iowa Central Air Line Railroad, near Maquoketa, thence on said main line, running as near as practicable to the forty-second parallel across the said State to the Missouri River, from the city of Dubuque to a point on the Missouri River near Sioux City, with a branch from the mouth of the Tete Des Morts to the nearest point on said road, to be completed as soon as the main road is completed to that point, every alternate section of land, designated by odd numbers, for six sections in width on each side of each of said roads. But in case it shall appear that the United States have, when the lines or routes of said roads are definitely fixed, sold any sections, or any parts thereof, granted as afore be selected in said, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents, to be appointed by the governor of said State, to select, subject to the approval of the Secretary to the Interior, from the lands of the United States nearest to the tiers of sections above specified, so much land, in alternate sections, or parts of sections, as shall be equal to such lands as the United States have sold or otherwise appropriated, or to which the rights of preemption have attached as aforesaid; which lands (thus selected in lieu of those sold and [to] which preemption rights have attached, as aforesaid, together with the sections, and parts of sections, designated by odd numbers as aforesaid, and appropriated as aforesaid) shall be held by the State of Iowa for the use and purpose aforesaid: Provided, That the land to be VOL. XI. PUB. 2

Other lands to

lieu of those sold or preëmpted.

Proviso.

Said lands granted solely for railroad purposes.

so located shall, in no case, be further than fifteen miles from the lines of said roads, and selected for and on account of each of said roads: Provided, further, That the lands hereby granted for and on account of said roads severally shall be exclusively applied in the construction of that road for and on account of which such lands are hereby granted, and shall be disposed of only as the work progresses, and the same shall be applied to no other purpose whatsoever: And provided further, That any Prior reserva- and all lands heretofore reserved to the United States, by any act of tions excepted, Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose whatsoever, be and the same are hereby reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of said railroads through such reserved lands, in which case the right of way only shall be granted, subject to the approval of the President of the United States.

except as to right of way.

alternate sec

tions.

SEC. 2. And be it further enacted, That the sections and parts of secPrice of the tions of land which, by such grant, shall remain to the United States within six miles on each side of said roads, shall not be sold for less than double the minimum price of the public lands when sold; nor shall any of said lands become subject to private entry until the same have been first offered at public sale at the increased price.

Lands granted solely for the

above purposes.

Railroads to be public highways, free from

toll.

of.

SEC. 3. And be it further enacted, That the said lands hereby granted to the said State shall be subject to the disposal of the legislature thereof, for the purposes aforesaid, and no other; and the said railroads shall be and remain public highways for the use of the Government of the United States, free from toll or other charge upon the transportation of any property or troops of the United States.

SEC. 4. And be it further enacted, That the lands hereby granted to How said lands said State shall be disposed of by said State only in manner following: shall be disposed that is to say, that a quantity of land not exceeding one hundred and twenty sections for each of said roads, and included within a continuous length of twenty miles of each of said roads, may be sold; and when the governor of said State shall certify to the Secretary of the Interior that any twenty continuous miles of any of said roads is completed, then another quantity of land hereby granted, not to exceed one hundred and twenty sections for each of said roads having twenty continuous miles completed as aforesaid, and included within a continuous length of twenty miles of each of such roads, may be sold, and so from time to time until said roads are completed; and if any of said roads are not completed within ten years, no further sale shall be made, and the lands unsold shall revert to the United States.

Transportation of the mails on said railroads.

SEC. 5. And be it further enacted, That the United States mail shall be transported over said roads, under the direction of the Post-Office Department, at such price as Congress may by law direct: Provided, That until such price is fixed by law, the Postmaster-General shall have the power to determine the same. APPROVED, May 15, 1856.

May 15, 1856. CHAP. XXIX.- An Act to supply Deficiencies in the Appropriations for the Service of the fiscal Year ending the thirtieth of June, eighteen hundred and fifty-six.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, Appropriations. and the same are hereby, appropriated, to supply deficiencies in the ap

Senate.

propriations for the service of the fiscal year ending the thirtieth of June, one thousand eight hundred and fifty-six, out of any money in the treasury not otherwise appropriated, namely :

For the compensation of the officers, clerks, messengers, and others receiving an annual salary in the service of the Senate: