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pensation, computed at the rate of three thousand dollars per annum, as he may not have received; and any mileage that may have actually accrued and be due and unpaid.
SEC. 5. And be it further enacted, That if any books shall hereafter be Price of books ordered to and received by members of Congress by a resolution of either ordered to be deor both houses of Congress, the price paid for the same shall be deducted from the compensation hereinbefore provided for such member or members: Provided, however, That this shall not extend to books ordered to be printed by the public printer during the Congress for which the said member shall have been elected.
SEC. 6. And be it further enacted, That it shall be the duty of the Sergeant-at-Arms of the House and Secretary of the Senate respectively, to deduct from the monthly payments of members as herein provided for, the amount of his compensation for each day that such member shall be absent from the House or Senate respectively, unless such representative, senator, or delegate shall assign as the reason for such absence, the sickness of himself or of some member of his family.
SEC. 7. And be it further enacted, That all acts or parts of acts inconsistent with or repugnant to the provisions of this act, be and the same acts repealed. are hereby repealed.
APPROVED, August 16, 1856.
CHAP. CXXIV.-An Act to amend the Acts regulating the Fees, Costs, and other judicial Aug. 16, 1856. Expenses of the Government in the States, Territories, and District of Columbia, and for other Purposes.
neys and clerks
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter, before the Accounts of accounts of the United States marshals, district attorneys, and clerks, are marshals, attorpresented to the accounting officers of the Treasury Department for set- to be certified by tlement, they shall be examined and certified to by the district judge of District Judge the United States in the district in which the officers presenting the before revision. accounts officiate, whether in the States or Territories, and the same shall be subject to revision upon their merits by said accounting officers, as in Marshal not to case of other public accounts: Provided, however, That no accounts of fees be charged for or costs paid to any witness or juror, upon the order of any judge or com- erroneous missioner, shall be so reexamined as to charge any marshal for an erro- jurors or witamounts paid to neous taxation of such fees or costs.
nesses under or
SEC. 2. And be it further enacted, That the accounts of the commis- der. sioners of the United States circuit courts shall be examined and certified commissioners to to by the district judge of the district in which they are appointed, pre- be certified by vious to their presentation to, or revision by, the accounting officers of the judge. Treasury Department.
SEC. 3. And be it further enacted, That in no case shall the fees of Only four witmore than four witnesses be taxed against the United States in the exami- nesses to be taxed against Unination of criminal cases before the commissioners of the United States ted States before circuit courts, unless their materiality and importance shall first be commissioners, unless, &c. proved and certified to by the United States district attorney for the district in which the examination shall take place, subject to revision, as in other cases.
SEC. 4. And be it further enacted, That in all these cases before mentioned, an appeal shall lie from the decision of the accounting officers to the Secretary of the Interior.
Judges of SuCourts of preme
SEC. 5. And be it further enacted, That the judges of the supreme court in each of the Territories, or a majority of them, shall, when assem- Territories may bled at their respective seats of government, fix and appoint the several fix the times and times and places of holding the several courts in their respective districts, places of their and limit the duration of the terms thereof: Provided, That the said courts shall not be held at more than three places in any one Territory: Provisos. And provided, further, That the judge or judges holding such courts shall
VOL. XI. PUB.-7
in District of Columbia against private parties payable when service is per
adjourn the same, without day, at any time before the expiration of such terms, whenever in his or their opinion the further continuance thereof is not necessary.
SEC. 6. And be it further enacted, That all costs and fees for services rendered by the clerks of the several courts in the District of Columbia, chargeable to others than the United States, shall be payable immediately after the services are performed, and shall be collected by such rules and regulations, not incompatible with law, as may be prescribed by the courts in which such services are rendered, but shall in no case be paid by the United States.
Courts may disSEC. 7. And be it further enacted, That the several circuit and district charge grand ju- courts of the United States, the district courts of the Territories, and the criminal court of the District of Columbia, shall have the power to discharge the grand juries of the respective courts whenever they shall be of opinion that the public interests will not be subserved by a further continuance of the session of said grand jury.
No officer of court to have witness fees.
U. States lia
SEC. 8. And be it further enacted, That no officer of the United States courts, including the bailiffs, guards, or deputies of the United States marshals, whether in the States, Territories, or District of Columbia, shall be entitled to witness fees, either before a court or commissioners where he is officiating.
SEC. 9. And be it further enacted, That the United States shall hereble to justices after be liable to the justices and constables of the county of Washington, of Washington in the District of Columbia, for their fees and services in cases of felony County, D. C., only; and so much of the fifteenth section of the act of May seventeen, only in case of eighteen hundred and forty-eight, entitled "An act to continue, alter, and amend the charter of the city of Washington," as provided otherwise, is Said fees how hereby repealed; said fees shall be paid by the United States marshal, paid. upon the approval of the judge of the criminal court of the District of Columbia, subject to the revision by the accounting officers of the treasury, and to appeal to the Secretary of the Interior.
1848, ch. 42.
Clerks of SuTerritories.
SEC. 10. And be it further enacted, That it shall be the duty of each of preme Courts of the judges of the supreme court of the respective Territories of the United States to designate and appoint one person as clerk of the district over which he presides, where one is not already appointed, and to designate and retain but one such clerk where more than one is already appointed, and only such district clerks shall be entitled to a compensation from the United States except for fees taxable to the United States.
So much of
80, 3, as pro
SEC. 11. And be it further enacted, That so much of the third section act of 1853, ch. of the act of February twenty-six, eighteen hundred and fifty-three, entivides for making tled "An act to regulate the fees and costs to be allowed to clerks, marup salaries of shals and attorneys of the circuit and district courts of the United States, clerks to $500, and for other purposes," as requires "that when the compensation of any
U. States are a
clerk shall be less than five hundred dollars per annum, the difference ascertained and allowed by the proper accounting officers of the treasury shall be paid to him therefrom," is hereby repealed.
SEC. 12. And be it further enacted, That all accounts of the United services when States district attorneys for services rendered in cases instituted in the party in interest United States or State courts, when the United States is a party in intermerely, or when est, but not of record; or in cases instituted against the officers of the officers are sued, United States or their deputies, or duly appointed agents, for acts commit
No marshal or deputy to be commissioner.
ted or omitted or suffered by them in the lawful discharge of their duties, shall be audited and allowed as in other cases, assimilating the fees, as near as may be, to those provided by said act of February twenty-six, eighteen hundred and fifty-three for like or similar services.
SEC. 13. And be it further enacted, That no marshal, or deputy marshal, of any of the courts of the United States, shall hold or exercise the duties of commissioner of any of said courts, nor receive compensation therefor.
SEC. 14. And be it further enacted, That whenever, from any cause, it District Attormay be impossible for the district attorney to attend at court, it shall be neys may ap his duty to see that a meet and proper person, learned in the law, residing in certain cases. point substitutes as near the place where the court is held as possible, does attend to such business as may appertain to the duties of his office, and in all such cases the fees and charges to be paid shall be only such as the district attorney would have been authorized by law to charge had he personally attended and performed the service: Provided, however, That before any such substitution is sanctioned, or payment made, the necessity thereof shall be shown to the satisfaction of the Secretary of the Interior.
SEC. 15. And be it further enacted, That all provisions of law inconsistent with this act are hereby repealed.
APPROVED, August 16, 1856.
CHAP. CXXV-An Act providing for a necessary Increase and better Organization of Aug. 16, 1856. the Medical and Hospital Department of the Army.
Be it enacted by the Senate and House of Representatives of the United tional surgeons States of America in Congress assembled, That there be added to the and eight assistmedical department of the army four surgeons and eight assistant sur- be appointed in geons, to be appointed in accordance with existing laws.
ant surgeons to
SEC. 2. And be it further enacted, That the Secretary of War be, Steward hosand he is hereby, authorized to appoint, from the enlisted men of the pital men to be appointed army, or to cause to be enlisted, as many competent hospital stewards by Secretary as the service may require, not to exceed one for each military post. of War. The said hospital stewards to be mustered and paid on hospital muster rolls, as non-commissioned staff officers, with the rank, pay, and emolu- Their rank, ments of a sergeant of ordnance, and to be permanently attached to the pay, &c. medical and hospital department, under such regulations as shall be prescribed by the Secretary of War.
SEC. 3. And be it further enacted, That soldiers acting as cooks and Soldiers acting cooks and nurses in hospitals, be and are hereby allowed the extra pay authorized as nurses in hospito soldiers on fatigue duty, by " An act to increase the pay of the rank tals to be aland file of the army," approved August fourth, eighteen hundred and lowed extra pay. fifty-four.
APPROVED, August 16, 1856.
1854, ch. 247, § 6.
CHAP. CXXVI.-An Act for continuing the Improvement of the Des Moines Rapids, Aug. 16, 1856. in the Mississippi River.
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 Appropriation appropriated, out of any money in the treasury not otherwise appro- the improvement for continuing priated, the sum of two hundred thousand dollars, for continuing the of the improvement of the Des Moines Rapids, in the Mississippi River, to be Moines Rapids. expended under the superintendence of the Secretary of War.
IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES,
August 11th, 1856.
The President of the United States having returned to the House of Representatives, in which it originated, the bill entitled "An act for continuing the improvement of the Des Moines Rapids, in the Mississippi River," with his objections thereto, the House of Representatives proceeded, in pursuance of the Constitution, to reconsider the same; and Resolved, That the said bill do pass, two thirds of the House of Representatives agreeing to pass the same.
IN THE SENATE OF THE UNITED STATES,
August 16th, 1856. The Senate having proceeded, in pursuance of the Constitution, to reconsider the bill entitled "An act for continuing the improvement of the Des Moines Rapids, in the Mississippi River," returned to the House of Representatives by the President of the United States, with his objections, and sent by the House of Representatives to the Senate, with the message of the President returning the bill:
Resolved, That the bill do pass, two thirds of the Senate agreeing to pass the same. ASBURY DICKINS, Secretary.
Aug. 18, 1856. CHAP. CXXVII.-An Act to regulate the Diplomatic and Consular Systems of the United States.
Be it enacted by the Senate and House of Representatives of the United Pay of diplo- States of America in Congress assembled, That ambassadors, envoys matic and con- extraordinary and ministers plenipotentiary, ministers resident, commissioners, chargés d'affaires, and secretaries of legation, appointed to the countries hereinafter named in Schedule A, shall be entitled to compensation for their services, respectively, at the rates per annum hereinafter specified; that is to say, ambassadors and envoys extraordinary and ministers plenipotentiary, the full amounts specified therefor in said Schedule A; ministers resident and commissioners, seventy-five per centum; chargés d'affaires, fifty per centum; and secretaries of legation, fifteen per centum, of the said amounts, respectively: Provided, That Pay of secreta- the compensation of the secretary of the legation to China, acting as ries to legations interpreter, shall be at the rate of five thousand dollars, and if not acting to China and Turkey. as such, at the rate of three thousand dollars, and that of the secretary of legation to Turkey, acting as dragoman, at the rate of three thousand dollars, and if not acting as such, at the rate of two thousand dollars, per
Sub officers of
London and Pa
Great Britain and France, each seventeen thousand five hundred dollars.
Russia, Spain, Austria, Prussia, Brazil, Mexico, and China, each twelve thousand dollars.
All other countries, each ten thousand dollars.
SEC. 2. And be it further enacted, That the President be, and is the legations at hereby authorized to appoint for the legations at London and Paris, ris and to China respectively, an assistant secretary of legation, who shall be entitled to and Turkey. compensation for their services, respectively, at the rate of fifteen hundred dollars per annum; for the legation to China, an interpreter, when the secretary of legation shall not be acting as such, who shall be entitled to compensation at the rate of five thousand dollars; and for the legation to Turkey, a dragoman, when the secretary of legation shall not be acting as such, who shall be entitled to compensation at the rate of one thousand dollars per annum.
and commercial agents.
Pay of consuls, SEC. 3. And be it further enacted, That consuls general, consuls, and consuls general, commercial agents, appointed to the ports and places hereinafter specified in Schedules B and C, shall be entitled to compensation for their services, respectively, at the rates per annum hereinafter specified in said Schedules B and C; and if the President shall think proper to appoint a consul to any port or place named in the said Schedules B and C for a commercial agent, instead of such commercial agent, or vice versa, and an appointment shall be made accordingly, the compensation for such consular officer shall be the same in any such case as that fixed for such port or place in the schedule embracing the same; and if he shall
think the public interests will be subserved by appointing to any such port or place a consul general instead of a consul or commercial agent, and an appointment shall be made accordingly, the compensation for such consul general shall be the same as that fixed for such port or place in the schedule embracing the same.
I. Consuls General.
British North America.-Quebec, four thousand dollars.
Cuba.-Havana, six thousand dollars.
Turkey.-Constantinople, three thousand dollars.
Hanseatic and Free Cities.-Frankfort-on-the-Main, three thousand dollars.
Great Britain.-Liverpool and London, each, seven thousand five hundred dollars. Melbourne, four thousand dollars. Hong Kong, three thousand five hundred dollars. Glasgow, three thousand dollars. Mauritius and Singapore, each two thousand five hundred dollars. Belfast, Cork, Dundee, Demarara, Halifax, Kingston, (Jamaica,) Leeds, Manchester, Nassau, (New Providence,) Southampton, and Turk's Island, each, two thousand dollars. Prince Edward's Island, one thousand dollars.
France.-Havre, six thousand dollars. Paris, five thousand dollars. Marseilles, two thousand five hundred dollars. Bordeaux, two thousand dollars. La Rochelle and Lyons, each, one thousand five hundred dollars.
Russia.-Moscow, Odessa, Revel, and St. Petersburg, each, two thousand dollars.
Spain.-Matanzas, Trinidad de Cuba, and Santiago de Cuba, each, two thousand five hundred dollars. San Juan, (Porto Rico,) two thousand dollars. Cadiz, Malaga, and Ponce, (Porto Rico,) each, one thousand five hundred dollars.
Austria.-Trieste, two thousand dollars. Vienna, one thousand five
Prussia.-Aix-la-Chapelle, two thousand five hundred dollars.
China.-Canton and Shanghai, each, four thousand dollars. Fouchou, three thousand five hundred dollars. Amoy and Ningpo, each, three thousand dollars.
Turkey-Beyrout and Smyrna, each, two thousand dollars. Jerusalem, one thousand five hundred dollars.
Netherlands.-Rotterdam, two thousand dollars. thousand dollars.
Belgium.-Antwerp, two thousand five hundred dollars.
Denmark.-St. Thomas, four thousand dollars. Elsineur, one thousand five hundred dollars.
Sardinia.-Genoa, one thousand five hundred dollars.
Switzerland.-Basle, two thousand dollars. Geneva, one thousand
five hundred dollars.
Sicilies.-Messina, Naples, and Palermo, each, one thousand five hundred dollars.
Saxony.-Leipsic, one thousand five hundred dollars.