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155, as provides thousand eight hundred and twenty-eight, of the first section of the act for payment out entitled "An act supplementary to the act for the relief of certain of any money not otherwise surviving officers and soldiers of the army of the Revolution," approved appropriated, be seventh June, one thousand eight hundred and thirty-two, and of the first

repealed.

Certain Pen

1854, ch. 60.

proviso of the first section of the act entitled "An act renewing certain naval pensions, and extending the benefit of existing laws respecting naval pensions to engineers, firemen, and coal-heavers in the navy, and to their widows," approved eleventh August, one thousand eight hundred and forty-eight, as provides for the payment of all pensions under the aforesaid acts out of any moneys in the treasury not otherwise appropriated, be and the same is hereby repealed, from and after the thirtieth of June, one thousand eight hundred and fifty-six.

SEC. 3. And be it further enacted, That any moneys appropriated by sions how paid. the act of thirty-first May, eighteen hundred and fifty-four, to supply deficiencies for the fiscal year ending the thirtieth of June of that year, and by the second section of the act of twenty-eighth February, eighteen 1855, ch. 126. hundred and fifty-five, making appropriations for the payment of pensions applicable to the payment of pensions of invalids who were wounded on board of private armed vessels during the last war with Great Britain, not required under the provisions thereof, may be applied to the same purpose subsequent to the thirtieth of June, eighteen hundred and fifty-five, it being hereby provided that pensions to invalids thus wounded shall be paid from moneys in the treasury of the United States in the same manner, upon appropriations made or to be made, as other pensions for naval or military services.

APPROVED, April 5, 1856.

April 23, 1856. CHAP. XVIII. - An Act to change the Times of holding the United States Courts in the Southern District of Illinois.

Be it enacted by the Senate and House of Representatives of the United Times and States of America in Congress assembled, That, instead of the times hereplace of holding tofore fixed by law, the circuit and district courts of the United States trict of Illinois. for the Southern District of Illinois, shall hereafter be held as follows:1855, ch. 96.

courts in S. Dis

Transcript of records.

§12.

Proviso.

At Springfield, on first Mondays in January and first Mondays in June, - and all writs, pleas, suits, recognizances, indictments, or other proceedings, civil or criminal, issued, commenced, or pending in either of said courts, shall be returnable to, be entered and have day in court, and be heard and tried according to the times of holding said courts as herein provided.

SEC. 2. And be it further enacted, That the clerk of the said district court of the southern district of Illinois, is hereby authorized, under the direction of the Judge of said district court, to make a transcript from the records of the district and circuit courts of the northern district of Illinois, of all such matters and proceedings as relate to or concern titles to real estate or causes originating in that part of the State of Illinois included within said southern district aforesaid; and that the

1856, ch. 129, compensation of said services be [the] same as now allowed for like services under existing laws, and Provided, That such transcripts and records, when so made, shall be certified by said clerk to be true and correct, the same shall be evidence as fully and effectually as though originally entered and made in the courts of the United States for the southern district of Illinois.

APPROVED, April 23, 1856.

CHAP. XIX. - An Act making Appropriations for the Support of the Military Academy April 23, 1856.

for the year ending the thirtieth of June, eighteen hundred and fifty-seven.

Be it enacted by the Senate and House of Representatives 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 ending the thirtieth of June, one thousand eight hundred and fifty-seven:

For pay of officers, instructors, cadets, and musicians, ninety-one thou- Appropriations. sand one hundred and six dollars.

For commutation of subsistence, two thousand and forty-four dollars. For forage for officers' horses, eight hundred and sixty-four dollars. For current and ordinary expenses, as follows: repairs and improvements, fuel, and apparatus, forage, postage, stationery, transportation, printing, clerks, miscellaneous and incidental expenses, and departments of instruction, thirty-four thousand seven hundred and ninety dollars. For gradual increase and expense of library, one thousand dollars. For expenses of the board of visitors, three thousand dollars. For forage for artillery and cavalry horses, eight thousand six hundred and forty dollars.

For replacing dead and worn out cavalry and artillery horses, one thousand dollars.

For repairs and additions to professors' quarters, five thousand dollars.
For furniture for hospital for cadets, one hundred and fifty dollars.
For a gun pendulum, six hundred dollars.

For a public clock, seven hundred dollars.

For additional stables for dragoons' and artillery horses, ten thousand dollars.

1854, ch. 55.

1855, ch. 208.

SEC. 2. And be it further enacted, That the amounts disbursed, or that Pay of libramay be disbursed, out of moneys appropriated for the support of the rian, assistant librarian, and Military Academy by the acts of May tenth, eighteen hundred and fifty- certain enlisted four, and March third, eighteen hundred and fifty-five, in payment of men. additional compensation to the librarian, assistant librarian, and certain enlisted men at that post, be passed to the credit of the disbursing officer: Provided, That the additional pay to said librarian, and assistant librarian, shall not exceed the sum of one hundred and twenty dollars each per annum, and to the non-commissioned officer in charge of mechanics and other labor at the post, the soldier acting as clerk in the Adjutant's office, and the four enlisted men in the philosophical and chemical departments, and lithographic office, not exceeding the sum of fifty dollars each per annum: and that a like measure of compensation be hereby authorized to be allowed hereafter for said services respectively.

SEC. 3. And be it further enacted, That the Secretary of the Senate furnish annually the library of the Military Academy at West Point with tments to be sent a copy of all documents published by the Senate.

Senate docи

to library.

APPROVED, April 23, 1856.

CHAP. XX. - An Act to repeal Part of an Act entitled "An Act to provide for the Safe- April 28, 1856. keeping of the Acts, Records, and Seal of the United States, and for other Purposes.

Fees for

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 "An act to provide for the safe-keeping of the acts, records, and seal of authenticating the United States, and for other purposes," as is embraced in the last copies from clause of the sixth section of said act, and which reads in words as fol- ment. lows: "For authenticating a copy of a record or paper, under the seal of 1789, ch. 14. office, twenty-five cents," shall be and the same is hereby repealed.

APPROVED, April 23, 1856.

State Depart

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."

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

in District of Columbia.

1853, ch. 80. 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.

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.

circuit

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 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 judges. laws in the several circuit courts of the United States, or the 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 cuit court of courts of the United States, shall be, and the same are hereby, made 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.

extended to cir

California.

Marshal.

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

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.

SEC. 4. And be it further enacted, That all suits or causes instituted in Suits to be the district courts of California prior to the first Monday of July, eighteen transtedto 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,

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 Ky., made a port 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 1831, ch. 87. "An act allowing the duties on foreign merchandise imported into Pittsburg, 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.

Port shall be

abolished if

CHAP. XXV. - An Act to surrender to the State of Illinois the Cumberland Road in said May 9, 1856.

State.

materials, sur

Be it enacted by the Senate and House of Representatives of the United So much of 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 of 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.

1855, ch. 207.

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

bounty be received in
certain cases.

Proviso.

Former evi

a pension to be received in certain cases on application for bounty land.

Rights of widows and children.

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, the Commissioner of Pensions shall not be satisfied that the former certificate or warrant was properly granted, he may require additional evidence, as well of the term as of the fact of service.

dence of right to has been granted to any officer or soldier, the evidence upon which such SEC. 2. And be it further enacted, That in all cases where a pension 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

Proviso.

So much of

act of 1855, ch. 207, as requires

fact of service.

SEC. 3. And be it further enacted, That so much of the third section record evidence officers and soldiers who have been engaged in the military service of the of the "Act in addition to certain acts granting bounty land to certain

of service, repealed.

Parol evidence

of service may be received

where no record

evidence exists.

207,§ 8, extended

United States," approved March third, eighteen hundred and fifty-five,
as requires the party claiming a certificate or warrant, under the provis-
ions of said act, to establish his or her right thereto, by record evidence
claimed, be, and the same is hereby, repealed, and parol evidence, where
of the service for which such certificate or warrant has been or may be
formed, under such rules and regulations as the Commissioner of
no record evidence exists, may be admitted to prove the service per-
may prescribe.

Pensions

Act of 1855, ch. above mentioned, approved the third day of March, in the year eighteen
SEC. 4. And be it further enacted, That the eighth section of the act
to naval officers, hundred and fifty-five, shall be construed as embracing officers, marines,
&c., Honning revoland seamen, and other persons engaged in the naval service of the United
their widows, &c. States during the revolutionary war, and the widows and minor children

of all such officers, marines, seamen, and other persons engaged as
aforesaid.

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

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