ern district to be appointed. Judge for west- district, shall be appointed by the President of the United States, by and with the advice and consent of the Senate, judge His salary thereof, with a salary of two thousand dollars per annum, pay. powers and du- able semi-annually, with the same powers and duties as the district judge of the United States for the district of Louisiana, as it now exists, and such as are conferred on him, or required Judge required of him, by this act; who is required to hold said terms, and to hold terms and authorized and required to hold special sessions of the said of court for west-court, in the said western district, for the trial of civil or crimiern district, &c. nal cases, whenever he may deem it expedient; that all process, special sessions District court the duties and Louisiana, ex appeal, &c. writs, and recognisances of every kind, whether respecting juries, witnesses, bail, or otherwise, which relate to cases to be tried at said special sessions, shall be considered as belonging to such sessions, in the same manner as if they had been issued or taken in reference thereto; that any special session may be adjourned to any time or times previous to the next stated for western dis- meeting of the district court for said districts; that all business trict to perform pending for trial at any special court shall, at the close thereof, possess the pow- be considered as of course removed to the next stated term of ers of circuit courts of the U. the court; that the district court, in said western district, shall 8. for State of perform all the duties, and possess all the powers of circuit cept in cases of courts of the United States for the State of Louisiana, except in cases of appeal and writs of error; and the said judge shall Clerks of courts appoint a clerk of the court in the western district, for each to be appointed place where the court sits, who shall reside, and keep the retheir duties, com- cords of the court, at that place, and shall receive, for the services performed by them, the same fees and compensation that are allowed to the clerk of said court holding its sessions in New Orleans, in the same State, and shall be subject, in every District court respect, to the same restrictions and responsibilities; and the trict to be held at district court for the eastern district shall be held in New OrNew Orleans. leans as heretofore, and it shall be the duty of the clerks of the district and circuit courts of the United States in New Orleans cuit and district to transmit by some safe conveyance, or deliver to the clerks of Orleans to trans- the western district, or their order, the original papers in all district all such cases as properly belong to the court in the western dispers, &c., be trict by the provisions of this act, together with a transcript of the proceedings had therein. forwest'rndistrict pensations, &c. for eastern dis Clerks of cir courts at New mit to wester pa longing to said district. district attorney pointed. SEC. 2. And be it further enacted, That the President of the United States, by and with the advice and consent of the Senate of the United States, be, and hereby is, authorized to Marshal and appoint one person as marshal, and one as district attorney, for for western dis- the said western judicial district of the United States within the trict to be ap- State of Louisiana, created by this act, and that the terms of appointment and service, together with the duties and responsibilities of the said marshal and district attorney respectively, for the district aforesaid, be, in all respects, the same within their said district, as to the terms of appointment and services, Their duties, the duties and responsibilities of the marshal and district attor ney, respectively, of the eastern district of the State of Louisiana; and said marshal shall receive such fees and emoluments as are received by the marshal of the United States for the responsibilities, fees, &c. State of Louisiana; and said attorney an annual compensation of two hundred dollars, and the same fees and emoluments as are allowed to the attorney of the United States for the district of Louisiana. Approved March 3, 1849. CHAP. 115.-AN ACT to make arrangements for taking the seventh census. constituted--their ties. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State, the Attorney General, and the Postmaster General, shall constitute and be a board, to be styled the Census Board; that it shall be the duty of the said "Census Board" board to prepare and cause to be printed such forms and powers and duschedules as may be necessary for the full enumeration of the inhabitants of the United States; and also proper forms and schedules for collecting in statistical tables, under proper heads, such information as to mines, agriculture, commerce, manufactures, education, and other topics, as will exhibit a full view of the pursuits, industry, education, resources of the country; it being provided that the number of said inquiries, exclusive of the enumeration, shall not exceed one hundred, and that the expense incurred in preparing and printing said forms and schedules shall not exceed ten thousand dollars. appoint a secre SEC. 2. And be it further enacted, That the said board Said board to shall have power to appoint a secretary, whose remuneration tay. shall be determined by Congress, upon the completion of the duties assigned to the board. Approved March 3, 1849. of the U.S. grant CHAP. 116. AN ACT to grant to the Atlantic and Gulf Railroad Company the right of way through the public lands of the United States. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way shall be, and is hereby, granted Right of way to the Atlantic and Gulf Railroad Company, over and through through the lande any of the public lands of the United States, in the State of ed to the Atlantic Florida, over which the road authorized by said State may Company. pass; and the said company is hereby authorized to survey and mark through the said public lands to be held by them for the track of said road one hundred feet in width; and, furthermore, an additional quantity of twenty-five feet in width on each side of said road along the same. and Gulf Railroad take from may be necessary. SEC. 2.. And be it further enacted, That the said company said company shall have the right to take from the public lands in the vicinity the public lands of said road all such materials of earth, stone, or wood, as may such materials as be necessary or convenient from time to time for the actual construction and repair of said road or any part thereof. SEC. 3. And be it further enacted, That there shall be, and is hereby, granted to said company all necessary sites for water ing-places, depots, and workshops, along the line of said road, All necessary sites for watering places, depots, said company. &c., granted to Provisoes. so far as the places convenient for the same may fall upon the public lands: Provided, That no one depot or watering-place shall contain over five square acres, and that said sites shall not be nearer to each other than ten miles along the line of said road: Provided, That the grants herein contained, as well of the use of the public lands as of the materials for the construction of said road, shall cease and determine, unless the road be begun within two years and completed within six years thereafter: And provided, moreover, That if the said road shall at [any] time after its completion be discontinued or abandoned by the said company, the grants hereby made shall cease and determine. Approved March 3, 1849. through the lands ed to the Mobile CHAP. 117.-AN ACT to grant the right of way to the Mobile and Ohio [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asRight of way sembled, That the right of way is hereby granted to the Mobile of the U.S. grant and Ohio Railroad Company for the railroad contemplated by and Ohio Rail- said company to be constructed from Mobile to its northern terroad Company. minus on the Ohio or Mississippi rivers, at or near the mouth of the Ohio, and the said company is hereby authorized to locate said road through any of the public lands of the United States which may lie on the route which may be selected for the location of said road; and the said company is hereby authorized to survey and mark through the said public lands the track of said road one hundred feet in width, and, furthermore, an additional quantity of twenty-five feet in width on each side of said road along the same, which land shall be reserved from sale, and the title, whereof shall be vested in the State wherein such land shall lie, for the use of said railroad company forever, and for no other use whatever. Said company the public lands are necessary. SEC. 2. And be it further enacted, That the said Mobile may take from and Ohio Railroad Company shall have the privilege, and the such materials as same is hereby granted to them, to cut and use all such timber, and to use all earth, stone, sand, gravel, mineral, and other materials on the public lands of the United States, which may be necessary for the construction or repair of said road, and to build bridges, or construct buildings, truss work, or other erections, such as the same may require, and use such water as may be wanted, and cross such streams as shall be necessary Proviso, as to for the completion and use of said road: Provided, That the mails of the U. s. said railroad company, when the said railroad shall be completed, shall carry the mails of the United States on such terms as the Postmaster General shall be able to contract, for similar services, with other railroad companies. Approved March 3, 1849. transportation of CHAP. 118.—AN ACT concerning the selection of jurors in certain courts of the United States. Act of 19 Mar., 1842, in relation sus pended. [Sec. 1.] Be it enacted by the Senate and House of Rep resentatives of the United States of America in Congress assembled, That the act of Congress approved March nineteenth, eighteen hundred and forty-two, (chap. seven,) be to jurors in Pensuspended in its operation until further legislation in the sylvania, premises; and that, in the mean time, jurors may be selected for the courts of the United States in Pennsylvania, (under the direction of the proper district judge,) agreeably to the practice. and usage which prevailed before the enactment of the act approved July twentieth, eighteen hundred and forty, (chap. for- Pennsylvania. ty-seven.) Approved March 3, 1849. p. 178. How jurors may be selected in CHAP. 119-AN ACT to authorize the citizens of Ozark county, Missouri, to enter less than a quarter section of land for the seat of justice in said county. Citizens of Ozark county ter a lot of land [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the county of Ozark, in the State of Missouri, may enter by pre-emption less than a quarter section of land, authorized to ento be taken by legal subdivision. Said entry, except as to for seat of justice quantity, shall be made according to the provisions of the act for said county of Congress, approved May twenty-sixth, eighteen hundred and twenty-four, entitled "An act granting to the counties or parishes of each State and Territory of the United States in which the public lands are situated, the right of pre-emption to quarter sections of land for seats of justice within the same." Approved March 3, 1849. CHAP. 120-AN ACT to authorize the judge of the courts of the United States of the fifth circuit to hold the circuit court for the district of Kentucky. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as sembled, That hereafter it shall be lawful for the judge of the Judge of the 5th fifth circuit of the courts of the United States to hold the circuit court for district of Kentucky in court for the district of Kentucky in the absence of the judge of the eighth circuit. Approved March 3, 1849. circuit to hold absence of judge of 8th circuit. CHAP. 121.-AN ACT to establish the territorial government of Minnesota. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the passage of this act, all that Temporary gov part of the territory of the United States which lies within the erament for terri established. tery of Minnesota following limits, to wit: Beginning in the Mississippi river, at the point where the line of forty-three degrees and thirty mioutes of north latitude crosses the same, thence running due west on said line, which is the northern boundary of the State of Iowa, to the northwest corner of the said State of Iowa, thence southerly along the western boundary of said State to the point where said boundary strikes the Missouri river, thence up the middle of the main channel of the Missouri river to the mouth of the White-earth river, thence up the middle of the main channel of the White-earth river to the boundary line between the possessions of the United States and Great Britain; thence east and south of east along the boundary line between the possessions of the United States and Great Britain to Lake Superior; thence in a straight line to the northernmost point of the State of Wisconsin in lake Superior; thence along the western boundary line of said State of Wisconsin to the Mississippi river; thence down the main channel of said river to the place of beginning, be, and the same is hereby, erected into a temporary Power to divide government by the name of the Territory of Minnesota: Proto attach a por. vided, That nothing in this act contained shall be construed to tion of it to a inhibit the Government of the United States from dividing said Territory into two or more territories, in such manner and at such times, as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States. said territory, or State or territory reserved. The executive power vested in powers, duties, & emoluments. SEC. 2. And be it further enacted, That the executive pow a Governor; his er and authority in and over said Territory of Minnesota shall tenure of office, be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory, shall be commander in chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs; he may grant pardous for offences against the laws of said Territory, and reprieves for offences against the laws of the United States until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully executed. ties. Secretary--his SEC. 3. And be it further enacted, That there shall be a Powers and du secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first day of December in each year, to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives, and the President of In case of death, the Senate, for the use of Congress. And in case of the death, moval of govern- removal, resignation, or necessary absence of the governor from resignation, or re |
