Imagens da página
PDF
ePub

PUBLIC ACTS OF THE THIRTY-EIGHTH CONGRESS

OF THE

UNITED STATES,

Passed at the first session, which was begun and held at the City of Washington, in the District of Columbia, on Monday, the seventh day of December, A. D. 1863, and ended on Monday, the fourth day of July,

A. D. 1864.

ABRAHAM LINCOLN, President. HANNIBAL HAMLIN, Vice-President and President of the Senate. DANIEL CLARK was elected President of the Senate, pro tempore, on the twenty-fifth day of April, and so acted until the end of the session. SCHUYLER COLFAX, Speaker of the House of Representatives.

CHAP. I. — An Act declaring the Assent of Congress to an Act of the Legislature of the
State of Illinois, therein numed.

Jan. 16, 1864.

1865, ch. 41.

Post, p. 431.
The city of

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of congress is hereby given to the operation of the eleventh section, chapter fifteen, Chicago may of the act of the general assembly of the State of Illinois, approved navigable waters erect piers in the February thirteenth, eighteen hundred and sixty-three, entitled "An act of Lake Michito reduce the charter of the city of Chicago, and the several acts amenda- gan, to protect aqueduct-pipes. tory thereof, into one act, and to revise the same,”. which section is as follows: "Said city shall have the power to extend aqueducts or inletpipes into Lake Michigan, so far as may be deemed necessary to insure a supply of pure water, and to erect a pier or piers in the navigable waters of said lake, for the making, preserving, and working of said pipes or aqueducts: Provided, That such piers shall be furnished with a beaconlight, which shall be lighted at all such seasons and hours as the light on lighted. the pier at the entrance of Chicago river."

APPROVED, January 16, 1864.

Piers to be

CHAP. II. — An Act to authorize the President to appoint a Second Assistant Secretary Jan. 19, 1864.

of War.

1865, ch. 41.

Post, p. 431.

Second assist

ant secretary of

war authorized

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be and he is hereby authorized to appoint, by and with the advice and consent of the Senate, for the term of one year from the passage of this act, an officer for one year. in the War Department, to be called the Second Assistant Secretary of War, whose salary shall be three thousand dollars per annum, payable in the same manner as that of the Secretary of War, who shall perform all such duties in the office of the Secretary of War belonging to that department as shall be prescribed by the Secretary of War, or as may be required by law.

APPROVED, January 19, 1864.

Salary, duties.

CHAP. III.-An Act to provide for the Deficiency in the Appropriation for the Pay of Jan. 22, 1864. Officers and Men actually employed in the Western Department, or Department of Missouri.

Pub. Res. No. 46.
Post, p. 410.
Appropriation

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be and hereby is for pay, bounty, VOL. XIII. PUB.-1

&c., of men in Western depart

ment.

1862, ch. 49, vol. xii. p. 374.

Payment, to whom to be made.

Assignments

invalid.

When attorney may receive it.

appropriated, out of any money in the treasury not otherwise appropriated, the sum of seven hundred thousand six hundred and twelve dollars and thirteen cents, or so much thereof as may be necessary, to carry into effect the act approved March twenty-fifth, eighteen hundred and sixty-two, to secure to the officers and men actually employed in the Western department, or department of Missouri, their pay, bounty, and pension: Provided, however, That, in the payment of the money hereby appropriated, such payment shall be made directly to the officers or soldiers by whom the services were rendered, or to their personal representatives, or to their agents appointed by powers of attorney; and no assignment of any sum due to any officer or soldier shall be valid; such payments to be made by paymasters of the United States army: Provided further, however, That any person holding a power of attorney authorizing the receipt by him of the amount to be paid to any officer or soldier may, upon making and filing an affidavit to the effect that he is acting in the premises purely as agent without personal interest, and that he will pay over the amount received either to the soldier or (in his absence) to his wife or children, for their benefit, be entitled to receive such amount. APPROVED, January 22, 1864.

[blocks in formation]
[ocr errors]

CHAP. IV. An Act to amend the Law prescribing the Articles to be admitted into the
Mails of the United States.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That articles of clothing, being
manufactured of wool, cotton, or linen, and comprised in a package not
exceeding two pounds in weight, addressed to any non-commissioned offi-
cer or private serving in the armies of the United States, may be trans-
mitted in the mails of the United States at the rate of eight cents, to be
in all cases prepaid, for every four ounces, or any fraction thereof, subject
to such regulations as the Postmaster-General may prescribe.
APPROVED, January 22, 1864.

an. 26, 1864.

Terms of Federal circuit and

West Tennessee.

CHAP. V. — An Act to change the Place of holding the Circuit and District Courts of the
United States, for the District of West Tennessee, and for other Purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the circuit and district courts of the United States for the district of West Tennessee district courts in shall be holden at the city of Memphis in said district, on the first Monday in March and the first Monday in September of each year, and at no other place. And all process, civil and criminal, which may have been, or hereafter may be, issued, returnable to said courts at Jackson or Huntingdon, in said district, shall be returned to said courts, respectively, at the city of Memphis; and all books and records of every kind, pertaining to said courts, shall be transferred from the places where said courts have heretofore been held to the city of Memphis.

Special terms.

What notice to be given.

SEC. 2. And be it further enacted, That the judges of the United States circuit court and of the United States district court for the several districts of Tennessee, may, whenever in their opinion the public interests require it, appoint special terms of their respective courts at Knoxville, Nashville, and Memphis, to be holden at such times as said judges, respectively, shall deem most conducive to the public good; notice of each special term appointed under the provisions of this act shall be published in at least one newspaper printed in the town or city in which a term is to be held, for four consecutive weeks.

APPROVED, January 26, 1864.

CHAP. VI. — An Act relating to the Admission of Patients to the Hospital for the Insane Jan. 28, 1864. in the District of Columbia.

Transient insane may be admitted to hos

pital.

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 be authorized, in his discretion, during the existence of the present war, to admit into the government hospital for the insane such transient insane persons as may be found in the District of Columbia without the means of self-support, to be there detained until they can be sent to their friends or proper places of residence under the direction of the said Secretary of the Interior, whose duty it shall be to provide therefor; the steps preliminary to their admission to be the same, except as to the affi- ceeding. davit of residence at the time they became insane, as are required in the case of indigent persons who became insane while residing in the district. APPROVED, January 28, 1864.

CHAP. VII. — An Act making Appropriations for the Payment of Invalid and other Pensions of the United States, for the Year ending the thirtieth of June, eighteen hundred and sixty-five.

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 payment of pensions for the year ending the thirtieth of June, eighteen hundred and sixty-five:

For invalid pensions under various acts, one million dollars. For pensions to widows, mothers, children, and sisters, under the first section of the act of fourth July, eighteen hundred and thirty-six; act of July twenty-first, eighteen hundred and forty-eight; first section of the act of February third, eighteen hundred and fifty-three; June third, eighteen hundred and fifty-eight; and July fourteenth, eighteen hundred and sixty-two, two million two hundred thousand dollars. APPROVED, January 29, 1864.

Mode of pro

[blocks in formation]

CHAP. VIII. - An Act authorizing the Holding of a special Session of the United States Feb. 12, 1864. District Court for the District of Indiana.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a special session of the United States district court for the district of Indiana shall be holden at the usual place of holding said court on the second Tuesday in March, in the year of our Lord one thousand eight hundred and sixty-four.

Post, p. 419.

Special session of the Federal Indiana.

district court in

What suits,

heard.

SEC. 2. And be it further enacted, That all suits and proceedings of a civil or criminal nature, now pending in, or returnable to said court, shall &c. to be there be proceeded in, heard, tried, and determined, by said court at said special session, in the same manner as at a regular term of said court, and the judge thereof is hereby empowered to order the empanelling of a petit jury for said session, but not a grand jury. And no case shall be considered which stands continued to the May term by order of the court. APPROVED, February 12, 1864.

СНАР. ІХ.

Juries.

- An Act making an Appropriation for rebuilding the Stable at the President's. Feb. 13, 1864. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of twelve thou- Appropriation sand dollars, or so much thereof as may be necessary, be and the same is for a stable at hereby appropriated, out of any money in the treasury not otherwise appropriated, to enable the Commissioner of Public Buildings to cause the stable at the President's to be rebuilt forthwith.

APPROVED, February 13, 1864.

the President's.

Feb. 19, 1864.

1863, ch. 100, vol. xii. p. 794.

Terms of the Federal circuit court in California,

in Oregon.

If circuit judge is absent, district judge to hold the

term.

CHAP. XI. An Act amendatory of and supplementary to "An Act to provide Circui
Courts for the Districts of California and Oregon, and for other Purposes," approved
March third, eighteen hundred and sixty-three.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the term of the circuit court of the United States for the districts in California shall be held in the city of San Francisco, in said state, on the first Monday of February, and on the second Monday of June, and on the first Monday of October, of each year; and in the city of Monterey, in said state, on the first Monday of April, and on the second Monday of August, and on the first Monday of December, of each year; and that a term of said circuit court for the State of Oregon shall be held at the city of Portland, in said state, on the first Monday of January, and on the first Monday of May, and on the first Monday of September, of each year.

SEC. 2. And be it further enacted, That whenever the circuit judge is absent, or, from any cause, is unable to hold a term of the circuit court as above provided, it shall be the duty of the district judge of the district to hold such term. No term of the circuit court in one district of the tenth circuit shall be deemed to be ended from the commencement of a Circuit court in term in another district. A circuit court may be held in the different different districts districts at the same time.

Ending of

terms.

at same time.

Special sessions of circuit court,

and notified.

Business at such special sessions.

SEC. 3. And be it further enacted, That the circuit judge of said tenth circuit may, at his discretion, appoint special sessions of the circuit court, to be held at the places where the stated sessions thereof are to be holden, as provided in this act, by an order, under his hand and seal, how appointed addressed to the marshal and clerk of said court, at least fifteen days previous to the day fixed for the commencement of such special sessions, which order shall be published by the marshal in one or more of the gazettes or newspapers within the district where such sessions are to be holden. At such special sessions it shall be competent for the said court to entertain jurisdiction of and hear and decide all cases in equity, cases in error, or on appeal, issues of law, motions in arrest of judgment, motions for new trial, and all other motions, and to award executions and other final process, and to do and to transact all other business, and direct all other proceedings in all causes pending in the circuit court, except trying any cause by jury, in the same way and with the same force and effect as the same could or might be done at the stated sessions Issues of fact if of such court. At said special sessions said court may also try and jury is waived. determine all issues of fact in cases in which, by the stipulation in writing of the parties, or their attorneys, and filed with the clerk, a jury shall be waived.

No jury trials.

Clerks of circuit courts.

Revocation.

Oath of clerk.

SEC. 4. And be it further enacted, That the clerks of the circuit courts for the districts of California shall be appointed by the circuit judge of Appointment. the tenth circuit. The appointment shall be in writing under the hand and seal of the circuit judge, and shall be filed in the clerk's office and entered at large upon the records of the court. The circuit judge may revoke the appointment at any time by filing in the office of the clerk a notice in writing under his hand and seal, stating that the appointment is revoked. The revocation shall be entered on the records of the court. The clerk, before entering upon the discharge of his duties, shall take the oath of office prescribed by the act entitled "An act to prescribe an oath of office and for other purposes," approved July two, eighteen hundred and sixty-two, and such oath shall be endorsed upon his appointment. The clerk shall also execute a bond to the United States with two or more sufficient sureties in such sum as the circuit judge may designate, conditioned for the faithful performance of his duties. In case of a vacancy in the office of clerk, the district judge shall have power to fill such vacancy by appointment, which shall continue until an appointment is made by the circuit judge.

1862, ch. 128.

Vol. xii. p. 502.

Bond.

Vacancy in office.

Clerks may

Oath and bond

SEC. 5. And be it further enacted, That the clerks of the circuit courts of the tenth circuit shall have power to appoint one or more deputies, and remove appoint deputies, who shall have the same authority, in all respects, as their principal. The them. appointment shall be in writing, and be signed by the clerk, and shall be filed in his office, and be entered at large upon the records of the court. The clerk may revoke the appointment of any deputy at will by writing filed in the office, and entered upon the records. Each deputy, before entering upon his duties, shall take the oath of office prescribed by the act entitled "An act to prescribe an oath of office and for other purposes," approved July two, eighteen hundred and sixty-two. And such oath shall be endorsed upon his appointment. The clerk may take from each of his deputies a bond with sureties for the faithful performance of his duties, but the clerk and the sureties on his official bond shall be liable for all acts of deputy. the official acts of each deputy.

of

deputies. 1862, ch. 128. Vol. xii. p. 502.

Clerk liable for

Fees, &c., of

SEC. 6. And be it further enacted, That the clerks of the circuit courts and district courts of the United States for the districts of California and clerks. Oregon shall severally be entitled to charge and receive for the services they may perform double the fees and compensation allowed by the 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," approved February twenty-six, eighteen hundred and fifty-three.

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

Form of deciwrits of error. sion, appeals,

SEC. 7. And be it further enacted, That issues of fact in civil cases Trials of issues may be tried and determined by the said circuit court without the inter- of fact without a jury. vention of a jury, whenever the parties or their attorneys of record file a stipulation in writing with the clerk waiving a jury. Upon the trial of an issue of fact by the court, its decision shall be given in writing and filed with the clerk. In giving the decision, the facts found and the conclusions of law shall be separately stated. The review of the judgment or decree entered upon such findings by the supreme court of the United States upon appeal or writ of error shall be limited to a determination of the sufficiency of the facts found to support the judgment or decree entered, and to the rulings of the court in admitting or rejecting evidence offered, and in the construction of written documents produced and admitted. The supreme court may affirm or modify or reverse the judgment or decree entered, or may, in its discretion, order a new trial or further proceedings to be taken.

Terms of the Federal district court in Califor

SEC. 8. And be it further enacted, That a term of the district court of the United States for the southern district of California shall be held in the city of Monterey, in said state, on the first Monday of February, and nia, on the first Monday of June, and on the first Monday of October, of each year; and a term of the district court of the United States for the northern district of California shall be held in the city of San Francisco, in said state, on the first Monday of April, and on the second Monday of August, and on the first Monday of December, of each year; and a term of the district court of the United States for the district of Oregon shall be held at the city of Portland, in the State of Oregon, on the first Monday of March, and on the first Monday of July, and on the first Monday of November, of each year.

in Oregon.

former laws and of inconsistent

SEC. 9. And be it further enacted, That section four of the act entitled Repeal of "An act to provide circuit courts for the districts of California and Oregon, and for other purposes," approved March third, eighteen hundred provisions. and sixty-three; and sections four and five of the act entitled "An act to provide for extending the laws and judicial system of the United States $ 4 to the State of California," approved September twenty-eight, eighteen hundred and fifty, and all provisions of law inconsistent with this act, be and the same are hereby repealed.

SEC. 10. And be it further enacted, That this act shall take effect on the first Monday of May, one thousand eight hundred and sixty-four. APPROVED, February 19, 1864.

1863, ch. 100, Vol. xii. p. 794. 1850, ch. 86,

§§ 4, 5.
Vol. ix. p. 522.

When act takes effect.

« AnteriorContinuar »