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Jan. 19, 1859.

CHAP. XI.—An Act authorizing the Issue of Registers to the Steamships America and
Canada, and to change the Names of said Steamships.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to issue registers for the steamships "America" and "Canada," now lying in the port of New Names changed. York, and that the names of said ships be changed to the "Mississippi" and "Coatzacoalcos;" and said ships shall hereafter be considered and deemed to be ships or vessels of the United States, and entitled to all the Rights and priv- rights and privileges accorded by law to ships or vessels built in the ileges. United States: Provided, That this act shall not go into effect until due proof shall be made to the satisfaction of said Secretary that said vessels Proof of owner- are wholly owned by citizens of the United States or by an incorporated ship. company entitled to receive registers for ships or vessels under the provisions of existing laws.

Proviso.

Jan. 25, 1859.

APPROVED, January 19, 1859.

CHAP. XIII.—An Act to provide for holding the Courts of the United States in the State of Alabama.

Be it enacted by the Senate and House of Representatives of the United Circuit judge States of America in Congress assembled, That in case of sickness or to hold district other disability of the district judge of the district courts of the United courts when dis- States in the State of Alabama, it shall be lawful for the justice of the trict judge sick or disabled. Supreme Court of the United States for the fifth judicial circuit upon notice thereof from the judge or marshal of the said district courts, to hold any of said district courts at the regular term thereof, or at such special terms as he may appoint for that purpose.

Power at special sessions same as at regular terin.

Act to continue till March

1861.

Feb. 2, 1859.

4,

Who may enforce lien, and for what cause.

and what to state.

SEC. 2. And be it further enacted, That at any special sessions of the circuit court of the United States in said State, which shall be convened by the presiding judge of the said court, it shall be lawful for the court to entertain jurisdiction and transact business in the same manner, and with the same force and effect as at a regular term of said court.

SEC. 3. And be it further enacted, That this act shall continue in force until the fourth day of March, eighteen hundred and sixty-one, and no longer. APPROVED, January 25, 1859.

CHAP. XVII.—An Act for the Enforcement of Mechanics' Liens on Buildings, and so forth, in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who shall hereafter, by virtue of any contract with the owner of any building, or with the agent of such owner, perform any labor upon, or furnish any materials, engine, or machinery, for the construction or repairing of such building, shall, upon filing the notice prescribed in section second of this act, have a lien upon such building and the lot of ground upon which the same is situated, for such labor done, or materials, engine, or machinery furnished, when the amount shall exceed twenty dollars.

SEC. 2. And be it further enacted, That any person wishing to avail Notice, when himself of this act, whether his claim be due or not, shall file in the office and where filed, of the clerk of the circuit court for the District of Columbia, at any time after the commencement of the said building and within three months after the completion of such building or repairs, a notice of his intention to hold a lien upon the property declared by this act liable to such lien, Lien lost, if no for the amount due or to become due to him, specifically setting forth the notice. amount claimed. Upon his failure to do so, the lien shall be lost. The Notices to be clerk aforesaid shall file and record such notice in a book provided for

recorded.

that purpose.

SEC. 3. And be it further enacted, That such lien shall cease to exist at the expiration of one year after the completion of the building or repairs, Lien expires in unless, before that time, an action to enforce the same shall have been tion brought to a year, unless accommenced in the said circuit court by the person having such lien against enforce it meanthe owner with whom or with whose agent the contract was made, unless while. such claim be not due at the expiration of one year after such completion, in which case the action shall be commenced within three months after the same shall have become due.

Unless, &c.

SEC. 4. And be it further enacted, That the complaint of the plaintiff shall contain a brief statement of the contract on which the claim is Complaint, contents and prayer founded, the amount due thereon, the time when the notice was filed with of. the clerk, the time when the building was completed, if it be completed, with a description of the premises, and any other material facts, and shall pray that the premises may be sold and the proceeds of the sale applied to the discharge of the lien.

Summons how

SEC. 5. And be it further enacted, That the summons shall be served as in other cases, or, instead of service by publication, it may be made by served. delivering a copy thereof to the person in possession of the premises. If the defendant shall have sold or disposed of the premises before the service of the summons, the court shall direct notice of the proceedings to be served on the purchaser, or his agent for the premises, who may thereupon, if he desire it, be made a party defendant in the action.

Proceedings in

SEC. 6. And be it further enacted, That the proceedings in an action to enforce such lien shall be the same as in other actions, except as other- the action. wise provided in this act; and if judgment be rendered for the plaintiff, he may have execution issued against the premises, and thereupon the marshal shall proceed as upon other executions upon real property.

SEC. 7. And be it further enacted, That the liens created in pursuance Liens by this of the provisions of this act shall have precedence over all other liens or act to have priincumbrances which attached upon the premises subsequent to the time ority over all attaching after the at which said notice was given. If, upon a sale of the premises on exe- notice." cution, the proceeds be insufficient to pay all such liens, the court shall order them to be paid in proportion to the amount, respectively, due to each, and any other property of the defendant not exempt from execution ments. may be sold to satisfy such execution.

Pro rata pay

SEC. 8. And be it further enacted, That if the building be on any land Extent of lien lying outside the corporate limits of Washington city and Georgetown, the if building is outside of Washingland upon which the same is erected, together with the space around the ton city or same, not exceeding five hundred square feet clear of the building, shall also Georgetown. be subject to the said lien, if the said land, at the time of the erection or repair of such building, shall have been the property of the person contracting for the erection or repair of the same. If the building be in If within said Washington city or Georgetown, the ground on which the same is erected, cities. and a space of ground equal to the front of the building, and extending to the depth of the lot or lots on which it is erected, shall also be bound by the said lien, subject to the foregoing proviso.

All having liens on same building may join in the action.

SEC. 9. And be it further enacted, That all or any number of persons, having liens on the same building, pursuant to the provisions of this act, may join in one action, but their claims shall be stated distinctly as in a separate action, and the judgment shall show the amounts to which they are respectively entitled. If several such actions be brought by different claimants, and be pending at the same time, the court may order them to consolidated.

be consolidated.

Actions may be

SEC. 10. And be it further enacted, That whenever any person having If claim and a lien, by virtue of the provisions of this act, shall have received satisfac- costs are paid or tion for his claim, and the cost of his proceedings thereon, he shall, upon tendered, satisthe request of any person interested, and upon the payment or tender of faction to be enthe costs of entering satisfaction, within six days after such payment or office in six days tender, enter satisfaction of his demand in the office of the clerk afore- after.

tered in clerk's

Penalty for neglect.

How defendant

the lien.

said; and upon failure to do so he shall forfeit and pay fifty dollars to the party aggrieved, and all damages which he may have sustained in consequence of such failure or neglect.

SEC. 11. And be it further enacted, That in all proceedings, commenced may discharge under this act, the defendant may file a written undertaking, with surety to be approved by the court, to the effect that he will pay the judgment that may be recovered, and costs, and thereby release his property from the lien hereby created.

performing labor

SEC. 12. And be it further enacted, That any person, having possession Persons in pos- of the same, who shall make, alter, repair, or bestow any labor on any session of, and article of personal property, at the request of the owner or lawful poson, any personal sessor thereof, shall have a lien on such property so made, altered, or reproperty at own paired, or upon which labor has been bestowed, for his just and reasonable er's request, to have lien. charges for the labor he has performed and the materials he has furnished; and such person may hold and retain possession of the same until such just and reasonable charges shall be paid; but if possession pass from such person by his consent, the lien shall cease.

If no special agreement.

Act, 1833, ch.

SEC. 13. And be it further enacted, That the provisions of section twelve of this act shall not interfere with any special agreement of the parties.

SEC. 14. And be it further enacted, That the act entitled "An act to 80, vol. iv. p. 659, secure to mechanics and others," &c., approved March second, eighteen &c. repealed. hundred and thirty-three, and all other acts and parts of acts inconsistent This act to take with the provisions of this act, be, and the same are hereby, repealed, and effect from its this act shall take effect from the date of its passage.

passage.

Feb. 2, 1859.

APPROVED, February 2, 1859.

CHAP. XVIII.-An Act to provide for the Lighting with Gas certain Streets across the
Mall.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of six thousand Appropriation. four hundred dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, for laying down gas pipes and erecting gas lamps on Four-and-a-half street, Seventh street, and Twelfth street, across the plat of earth described in the plan of the city as reservation numbers two and three, com[m]only known as the This act to take Mall, the same to be expended under the direction of the Commissioner its of Public Buildings. This act shall be in force from its passage. APPROVED, February 2, 1859.

effect from

passage.

Feb. 2, 1859. 1818, ch. 123.

Construction of

vol. iii. p. 466.

CHAP. XIX.-An Act to fix and regulate the Compensation of Receivers and Registers of the Land-Offices under the Provisions of the Act approved April twentieth, eighteen hundred and eighteen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act for changing the compensation of receivers and registers of the landact, 1818, ch. 123, offices," approved April twentieth, eighteen hundred and eighteen, shall be so construed by the proper accounting officers of the government as to restrict the aggregate amount allowed as compensation for the registers Pay not to ex- and receivers commissions on moneys received at any land-office in any ceed $2500 per one calendar year, to the sum of twenty-five hundred dollars each; and that the registers and receivers shall not receive for any one quarter or And pro rata fractional quarter more than a pro rata allowance of said maximum of per quarter. twenty-five hundred dollars. Their compensation, both for salary and commissions, to commence and be calculated from the time they enter on the discharge of their duties.

annum.

When pay to

commence.

APPROVED, February 2, 1859.

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CHAP. XX.-An Act authorizing the Secretary of the Treasury to grant a Register for the Schooner" William A. Hamill."

Feb. 2, 1859.

Proviso.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be granted, under the direction of the Secretary of the Treasury, a register for the schooner Register granted. "William A. Hamill," lying in the port of Baltimore, and now owned by Robert Dorritie, a citizen of the United States: Provided, It be proved to the satisfaction of the Secretary of the Treasury that she was built at May's Landing, in the State of New Jersey; that she was enrolled as an American vessel, and that she was owned in whole by citizens of the United States at the time she was stranded on a reef near Abaco, one of the Bahama islands, and that she is now owned by Robert Dorritie, who is now a citizen of the United States.

APPROVED, February 2, 1859.

CHAP. XXI.—An Act providing for the Payment of the Expenses of Investigating Com- Feb. 5, 1859. mittees of the House of Representatives.

vestigating com

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of ten thousand Appropriation dollars be, and the same is hereby, appropriated, out of any money in the for expense of intreasury not otherwise appropriated, for the payment of the expenses of mittees. the several investigating committees of the House of Representatives during the present session, and that the same be added to the miscellaneous item of the contingent fund of said House: Provided, That no portion of this sum shall be paid for constructive mileage for summoning wit

nesses.

SEC. 2. And be it further enacted, That hereafter the mileage or travelling allowance to the officer or other person executing precepts or summons of either house of Congress shall not exceed ten cents for each mile necessarily and actually travelled by such officer or other person in the execution of any such precept or summons. APPROVED, February 5, 1859.

Proviso.

Mileage of offi. cer serving precepts.

Feb. 5, 1859.

distribute all

re

CHAP. XXII.-An Act providing for keeping and distributing all Public Documents. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior Secretary of is hereby charged with receiving, arranging, safe-keeping, and [with the] Interior to distribution of all printed journals of the two houses of Congress, and all ceive, keep, and other books and documents, of every nature whatever, already or hereafter public docudirected by law to be printed or purchased for the use of the government, ments, except, &c. except of such as are directed to be printed or purchased for the particular use of Congress, or if [of] either house thereof, or for the particular use of the Executive or of any of the departments; and for this purpose the Secretary of the Interior is hereby directed to set apart a proper room Rooms in Pator rooms in the Patent-Office building to be used for this and no other ent Office Building to be used purpose; and the superintendent of public printing, public printer, binder, therefor. or contractor, or any or any other person whose duty it shall be by law to deliver any of the same, shall deliver the same to him there.

documents to be from

SEC. 2. And be it further enacted, That it shall be the duty of the Such public Secretary of the Interior to obtain and remove from the other depart- removed ments and offices and from the Congressional Library, and other places other offices. where the same are now kept, all such journals, books, and other documents now on hand and described in the foregoing section; and for this purpose, so much as is necessary of the appropriation made in the following clause of the act, entitled "An act making appropriations for certain civil expenses of the government for the year ending the thirtieth of June, eighteen hundred and fifty-eight," approved March three, eighteen hun- 1857, ch. 108.

dred and fifty-seven, to wit: "For expenses of packing and distributing the congressional journals and documents, in pursuance of the provisions contained in the joint resolutions of Congress approved twenty-eighth Jan1857, Res. No. 2. uary, eighteen hundred and fifty-seven, twenty-two thousand dollars," as remains unexpended, is hereby appropriated.

Register thereSEC. 3. And be it further enacted, That a register of such journals, of to be kept to books, and other documents shall be kept under the authority of the Secshow receipts and delivery. retary of the Interior, showing the quantity and kind of each at any time received by him in pursuance of this act; and it shall be his duty to be caused to be entered in such register, at the proper time, when, where, and to whom the same, or any part of them, have been distributed and delivered, and to report the same to Congress at the first session of each Congress.

To be delivered only on written requisitions, except, &c.

Expense of delivery how charged.

No. 5, 1858.

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SEC. 4. And be it further enacted, That the same shall be delivered out by the Secretary of the Interior only on the written requisition of the heads of departments, Secretary of the Senate, Clerk of the House of Representatives, Librarian of Congress, and other officers and persons, private and corporate, who are, by law, authorized to receive the same, except where by law the Secretary of the Interior is required, without such requisition, to cause the same to be sent and delivered; and in either of such cases it shall be the duty of the Secretary of the Interior to cause the same to be sent and delivered, the expenses thereof, except when otherwise directed, to be charged on the contingent fund of the depart

ment.

SEC. 5. And be it further enacted, That all such journals, books, and Distribution by other documents, shall hereafter be distributed according to and for the Secretary of Interior. purposes now prescribed by law, except that the distribution of the same to the governors of the States and Territories and to the judges of the courts of the United States and other officers and public bodies within the States or Territories shall be wholly under the control of the Secretary of the Interior; and the joint resolution approved March twenty, eightRepeal of Res. [een] hundred and fifty-eight, supplementary to the joint resolution approved January twenty-eight, eighteen hundred and fifty-seven, respecting the distribution of certain documents, is hereby repealed; and the third section of said joint resolution of January twenty-eight, eighteen hundred and fifty-seven, is hereby amended by striking out the words " by him " in the last line, and inserting the words "to him by each of the senators from the several States, respectively, and by the representative in Congress from each congressional district, and by the delegate from each Territory in the United States." And provided, That such distribution shall first be made at the instance of the representatives in Congress from districts in which such public documents have not already been distributed so that the quantity distributed to each congressional district and territory shall be equal.

Amendment of Res. No. 2, 1857, 3.

10.

Proviso.

1846, ch. 178, §

Vol. ix. p. 106.

Wilkes' Ex

ploring Expedition excepted.

Matters per

taining to copy

SEC. 6. And be it further enacted, That the tenth section of an act entitled "An act to establish the Smithsonian Institution' for the increase and diffusion of knowledge among men," approved August tenth, eighteen hundred and forty-six, is hereby repealed.

SEC. 7. And be it further enacted, That by this act the distribution of all works mentioned in the first section as public documents is intended and directed to be made, except the "Exploring Expedition" conducted by Commander Wilkes.

SEC. 8. And be it further enacted, That all books, maps, charts, and other publications of every nature whatever heretofore deposited in the Department of State according to the laws regulating copyrights, together rights transferred with all the records of the Department of State in regard to the same, from State De- shall be removed to, and be under the control of the Department of the partment to De- Interior, which is hereby charged with all the duties connected with the same, and with all matters pertaining to copyright, in the same manner

partment of the Interior.

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