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No. 533. JULY 28, 1866. Stat. at Large, CHAP. CCCII. – An Act to amend an Act entitled “ An Act making Appropriations Vol. XIV. p. 341. for sundry Civil Expenses of the Government for the Year ending the thirtieth of June, 1858, ch.154, 17. eighteen hundred and fifty-nine. Vol. xi. p. 327.
Secretary of Be it enacted, &c. That the proviso to the seventeenth section of the act Treasury may to which this act is an amendment be altered so as to read as follows: appoint disbursing agent, where And provided further, That where there is no collector at the place of there is no color location of any public work herein specified, the Secretary of the TreasJocation of any ury shall have power to appoint a disbursing agent for the payment of all public work. moneys that are, or may be hereafter, appropriated for the construction of
any such public work, with such compensation as he may deem equitable and just, and all laws and parts of laws in conflict with the provisions of this section be, and the same are hereby, repealed.
No. 534. FEBRUARY 5, 1867. Stat. at Large, CHAP. XXVIII. – An Act to amend “An Act to establish the judicial Courts of the Vol. XIV. p. 385. United States," approved September twenty-fourth, seventeen hundred and eighty-nine.
1789, ch. 20. Vol. i. p. 73. Be it enacted, &c. That the several courts of the United States, and the The United
several justices and judges of such courts, within their respective jurisStates courts and judges, in addi- dictions, in addition to the authority already conferred by law, shall have tion to present power to grant writs of habeas corpus in all cases where any person may authority, may be restrained of his or her liberty in violation of the constitution, any beas corpus intreaty or law of the United States; and it shall be lawful for such person certain cases. so restrained of his or her liberty to apply to either of said justices or
Proceedings in applications
judges for a writ of habeas corpus, which application shall be in writing for the writ. and verified by affidavit, and shall set forth the facts concerning the deten
tion of the party applying, in whose custody he or she is detained, and by
virtue of what claim or authority, if known; and the said justice or judge The writ to be to whom such application shall be made shall forth with award a writ of awarded forth.. habeas corpus, unless it shall appear from the petition itself that the party with, unless, &c.
is not deprived of his or her liberty in contravention of the constitution Writ how to
or laws of the United States. Said writ shall be directed to the person in be directed.
whose custody the party is detained, who shall make return of said writ Return to be made, and with- and bring the party before the judge who granted the writ, and certify the in what time. true cause of the detention of such person within three days thereafter,
unless such person be detained beyond the distance of twenty miles; and if beyond the distance of twenty miles and not above one hundred miles, Upon the rethen within ten days; and if beyond the distance of one hundred miles, turn, a day to be then within twenty days. And upon the return of the writ of habeas the case, and corpus a day shall be set for the hearing of the cause, not exceeding five within what days thereafter, unless the party petitioning shall request a longer time.
Petitioner The petitioner may deny any of the material facts set forth in the return, may on oath deor may allege any fact to show that the detention is in contravention of ny facts set forth the constitution or laws of the United States, which allegations or denials allege others.
in the return and shall be made on oath. The said return may be amended by leave of the Return may court or judge before or after the same is filed, as also
be amended, &c. all suggestions
may made against it, that thereby the material facts may be ascertained. The judge to detersaid court or judge shall proceed in a summary way to determine the facts mine the facts of the case, by hearing testimony and the arguments of the parties inter
discharge the ested, and if it shall appear that the petitioner is deprived of his or her petitioner if, &c. liberty in contravention of the constitution or laws of the United States, Penalty for
refusing to obey he or she shall forth with be discharged and set at liberty. And if any the writ, &c.;. person or persons to whom such writ of habeas corpus may be directed for not making shall refuse to obey the same, or shall neglect or refuse to make return, or ing a false re
return, or makshall make a false return thereto, in addition to the remedies already given turn. by law, he or they shall be deemed and taken to be guilty of a misdemeanor, and shall
, on conviction before any court of competent jurisdiction, be punished by fine not exceeding one thousand dollars, and by imprisonment not exceeding one year, or by either, according to the nature and aggravation of the case. From the final decision of any judge, justice, or court, inferior to the circuit court, an appeal may be taken to the circuit Appeals. court of the United States for the district in which said cause is heard, and from the judgment of said circuit court to the Supreme Court of the United States, on such terms and under such regulations and orders, as Terms, reguwell for the custody and appearance of the person alleged to be restrained lations, and orof his or her liberty, as for sending up to the appellate tribunal a tran- appeals, &c. script of the petition, writ of habeas corpus, return thereto, and other proceedings, as may be prescribed by the Supreme Court, or, in default of such, as the judge hearing said cause may prescribe ; and pending such Pending proproceedings or appeal, and until final judgment be rendered therein, and ceedings or rapafter final judgment of discharge in the same, any proceeding against final judgment such person so alleged to be restrained of his or her liberty in any State discharging the court, or by or under the authority of any State, for any matter or thing
proceedings in so heard and determined, or in process of being heard and determined, un- State court to be der and by virtue of such writ of habeas corpus, shall be deemed null null. and void.
Sec. 2. That a final judgment or decree in any suit in the highest Writs of error court of a State in which a decision in the suit could be had, where is from the Sudrawn in question the validity of a treaty or statute of, or an authority the United
preme Court of exercised under, the United States, and the decision is against their valid States, for what ity, or where is drawn in question the validity of a statute of or an au
causes may be
issued. thority exercised under any State, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution, or any treaty or statute of or commission held, or authority exercised under the United States, and the decision is against the title, right, privilege, or immunity specially set up or claimed by either party under such constitution, treaty, statute, commission, or authority, may be re-examined and reversed or affirmed in the Supreme Court of the United States, upon a writ of error, the citation Citation, how being signed by the chief justice, or judge, or chancellor of the court ren
signed. dering or passing the judgment or decree complained of, or by a justice of the Supreme Court of the United States, in the same manner, and under the same regulations, and the writ shall have the same effect, as if the Effect of writ.
judgment or decree complained of had been rendered or passed in a court Proceedings of the United States ; and the proceeding upon the reversal shall also be upon reversal. Supreme Court
the same, except that the Supreme Court may, at their discretion, proceed may award exe- to a final decision of the same, and award execution, or remand the same cution, or re- to an inferior court. This act shall not apply to the case of any person mand to the lower court.
who is or may be beld in the custody of the military authorities of the This act not United States, charged with any military offence, or with having aided or to apply to cer- abetted rebellion against the government of the United States prior to the tain cases.
passage of this act.
No. 535. FEBRUARY 18, 1867. Stat. at Large, CHAP. XLI. – An Act makiny Appropriations for the Service of the Post-Office DeVol. XIV.p.
partment during the Fiscal Year ending June thirtieth, eighteen hundred and sixty-eight, and for other Purposes.
Sec. 2. That the following sums, or so much thereof as may be nepropriation for the Post-Office
cessary, be, and the same are hereby, appropriated for the year ending Department. June thirtieth, eighteen hundred and sixty-eight, out of any money in the
treasury not otherwise appropriated : Service be
For the mail steamship service between the United States and Brazil, tween the United States and
one hundred and fifty thousand dollars. Brazil;
For the mail steamship service between San Francisco, Japan, and San Francisco, China, five hundred thousand dollars : Provided, That so much of the act Japan, and Chi
of Congress, approved February seventeenth, eighteen hundred and sixtySteamships five, authorizing said service, as requires the said steamship[s] to touch at need not touch at Honolulu. Honolulu, in the Sandwich Islands, shall be, and the same is hereby, re
1865, ch. 37. pealed; upon the express condition, however, that the contractors for said Vol. xiii.
steamship service shall enter into contract to the satisfaction of the Post
master-General, agreeing to establish, within five months from the pasBranch line sage of this act, in lieu of said service released, a branch line of steamship from Japan to
service, carrying the United States mails, between the port in Japan used Shanghae.
by the main line of steamships and the port of Shanghae in China, making continuous regular trips, connecting with the main line, both on the
outward and homeward voyages, under the direction of the PostmasterService to be General; which service shall be performed by first-class American seaby what vessels.
going steamships, and without additional charge to the United States. Overland mail
For the overland mail transportation between the Missouri River and and marine mail transportation.
Folsom, and for marine mail transportation between New York and Cali
fornia, nine hundred thousand dollars. Transfer of Sec. 3. That the Secretary of the Treasury is hereby authorized to clerks to office transfer two clerks from the third class to class four in the office of the of auditor of treasury for the auditor of the treasury for the Post-Office Department, and a sum suffiPost-Office De- cient to pay the increased compensation required by said transfer, for the partment.
remainder of the current year, and the fiscal year ending June thirtieth, Appropriation. eighteen hundred and sixty-eight, is hereby appropriated out of any money
in the treasury not otherwise appropriated.
No. 536. — FEBRUARY 18, 1867. Stat. at Large, CHAP. XLII. - An Act supplementary to an Act to prevent Smuggling, and for other Vol. XIV. p. 394.
Purposes, approved July eighteen, eighteen hundred and sixty-sir. 1866, ch. 201. Ante, p. 476.
Be it enacted, &c. That the provisions of the act of Congress approved Provisions of July eighteen, eighteen hundred and sixty-six, entitled “ Au act to prevent smuggling, not smuggling and for other purposes," shall be so construed as not to affect to affect any
any right of suit or prosecution which may have accrued under any prior right or suit
acts of Congress repealed or supplied by said act, previous to July eighpending at the time of its pas- teen, eighteen hundred and sixty-six ; and all such suits or prosecutions as sage.
have been, or shall be, commenced under such prior acts, for acts comSuits, &c. may
mitted previous to July eighteen, eighteen hundred and sixty-six, shall be be tried and distried and disposed of, and judgment or decree executed as if said act of
posed of. July eighteen, eighteen hundred and sixty-six, had not been passed, anything therein contained to the contrary notwithstanding.
SEC. 2. That section twenty-six of the act aforesaid be so amended Coasting vesthat the Secretary of the Treasury be, and he is hereby, authorized in his sels between discretion to make such regulations as shall enable vessels engaged in the Michigan laden, coasting trade between ports and places upon Lake Michigan exclusively &c. may, unand laden with American productions and free merchandise only, to unlade
previous permit. their cargoes without previously obtaining a permit to unlade.
1866, ch.201,9 26. Sec. 3. That section twenty-five of said act be hereby amended by in
Ante, p. 483.
March substiserting the word “ March " in the place of “ July,” in said section. tuted for July.
struction to nav
No. 537. FEBRUARY 25, 1867.
Stat. at Large, across the Mississippi River at the City of Saint Louis.
Vol. XIV. p. 408. Be it enacted, &c. That the “ Mississippi Submerged Tubular Bridge Building of Company,” a corporation organized under the laws of the State of Missouri, bridge authorbe, and the same is hereby, empowered to construct, maintain, and operate a submerged iron tubular bridge across the Mississippi River, between the city of Saint Louis, in the State of Missouri, and the city of East Saint Louis, in the State of Illinois, subject to all the conditions contained in said act of incorporation and not inconsistent with the provisions of this act. And in case of any litigation arising from any ostruction, or alleged
Trials for obobstruction to the free navigation of said waters, the cause may be tried
igation. before the district court of the United States of any State in which any portion of said obstruction or bridge touches.
Sec. 2. That any bridge built under the provisions of this act shall be Top of bridge tubular in construction, and sunk below the bed of said river, so that the bed of the river. top of said structure shall be below the bed of the channel of the Mississippi River, and so that the same shall in no wise interfere with or obstruct navigation when completed, or prevent a safe and expeditious transit for all classes of vessels upon said river during construction. Sec. 3. That any bridge erected under the provisions of this act shall
Such bridge a
lawful structure be a lawful structure, and shall be recognized and known as a post route, and post route. upon which also no higher charge shall be made for the transmission over Charges for the same of the mails, the troops, the munitions of war of the United transportation. States, than the rate per mile which the railroad companies terminating at either end receive for said services.
Sec. 4. That no exclusive right or privilege shall ever be granted to Bridge to be any of the steam railroads now concentrating at Saint Louis or East open equally to Saint Louis by the said bridge company to use the same, but it shall be roads. equally open to all, under such regulations and at such charges as may be Charges. fixed, not to exceed those now charged by the Wiggins Ferry Company.
No. 538. - FEBRUARY 25, 1867.
Stat. at Large, Act further to prevent Smuggling, and for other Purposes," approved July eighteenth, Vol. XIV. p. 410. eighteen hundred and sixty-six.
Ante, p. 481. Be it enacted, &c. That section twenty-one of an act entitled “ An act Forfeiture of to prevent smuggling, and for other purposes," approved July eighteenth, fifty cents a ton eighteen hundred and sixty-six, be amended by adding to said section boats not of the twenty-one the following proviso: “ Provided, That this section shall not United States, apply, or be held to apply, to any case where the said towing, in whole or towing, &c. not in part, is within or upon foreign waters. And provided, That any for- to apply to cereign railroad company or corporation, whose road enters the United States tain towing.
by means of a ferry or tug-boat, may own such boat, and it shall be subject to no other or different restrictions or regulations in such employment than if owned by a citizen of the United States.”
No. 539.. FEBRUARY 25, 1867. Stat, at Large, CHAP. LXXXI. An Act to change certain Collection Districts in Maryland und Vol. XIV. p. 410.
Virginia. Collection dis- Be it enacted, Sc. That the districts of Oxford and Vienna, in the State tricts of Oxford of Maryland be, and the same are hereby, abolished, and the office of coland Vienna in Maryland abol
lector of both said districts is hereby discontinued. ished, &c. Sec. 2. That the district of Oxford, in said State, shall be annexed to
Oxford district the district of Baltimore; and all that part of the district of Vienna, in to be annexed to the district of said State, bordering on the sea-coast, and all the waters which flow into Baltimore. the sea or bays on the east side of said district of Vienna, be, and the
District of Vienna annexed same are hereby, annexed to the district of Cherry-Stone, in the State of in part to Cher- Virginia, and that all the residue of said district of Vienna be, and the ry-Stone district, same is hereby, made a new district, to be called the eastern district, and and the rest made the east
that the collector of said eastern district shall receive an annual salary of ern district. twelve hundred dollars, and shall reside at Crisfield, which shall be the
Collector, salary, residence.
of entry for said new district.
port Crisfield to be Sec. 3. That the offices of surveyor at Snow Hill, and of deputy colthe port of entry. lector at Annamasset and Deal's Island be, and the same are hereby, dis
Offices of a certain deputy
continued. collector and Sec. 4. That all acts and parts of acts inconsistent with this act are surveyor discon- hereby repealed. tinued.
No. 540.-- FEBRUARY 25, 1867.
Stat. at Large, CHAP. LXXXII. – An Act relative to Collection Districts in North Carolina. Vol. XIV. p. 411.
Four collec- Be it enacted, &c. That from and after the first day of October, anno tion: districts es- Domini eighteen hundred and sixty-six, there shall be in the State of North Carolina. North Carolina four collection districts, to wit: one, to be called the district Albemarle.
of Albemarle, which shall include Albe arle, Currituck, and Croatan sounds, and all the waters, shores, harbors, rivers, creeks, bays, and inlets adjacent to and flowing into the said sounds, together with that part of
Pamlico sound north of and including Loggerhead inlet, and all waters Port of entry and shores appertaining thereto. And the port of entry for said district at Plymouth. Pamlico.
shall be at Plymouth. Another to be called the district of Pamlico, which shall include Pamlico sound, and all the waters, shores, harbors, rivers, creeks, bays, and inlets adjacent to and flowing into said sound, exclusive
of the district of Albemarle, and including the south line of Neuse River Port of entry
to the northern entrance of Core sound, and the port of entry for said at Newbern. district of Pamlico shall be at Newbern. Another to be called the disBeaufort. trict of Beaufort, which shall include all the waters, shores, harbors,
creeks, bays, and inlets south of the district of Pamlico, and north of and Port of entry including New River and inlet; and the port of entry for said district of at Beaufort.
Beaufort shall be at Beaufort. And another to be called the district of Wilmington. Wilmington, which shall include all waters, shores, harbors, creeks, bays,
and inlets south of the district of Beaufort to the southern boundary of Port of entry the said State, and the port of entry for said district of Wilmington shall at Wilmington. Collectors, ap
be at Wilmington. And the collector of each of said districts shall reside pointment, resi- at the port of entry thereof, and shall be appointed by the President by dence, salary.
and with the advice and consent of the Senate, and receive a salary at the
rate of one thousand dollars per annum in addition to the fees of office: Proviso. Provided, That such compensation shall in no case exceed the sum of
twenty-five hundred dollars per annum in the aggregate.