Justices of the peace, consta tinued in office till others are ap ceed them. isting laws within the limits of said Territory, shall be valid under this act; and all crimes and misdemeanors against the laws in force within said limits may be prosecuted, tried, and punished in the courts established by this act; and all penalties, forfeitures, actions, and causes of action, may be recovered under this act, the same as they would have been under the laws in force within the limits composing said Territory at the time this act shall go into operation. SEC. 16. And be it further enacted, That all justices of bles, &c., con the peace, constables, sheriff's, and all other judicial and minis terial officers, who shall be in office within the limits of said pointed to suc- Territory when this act shall take effect, shall be, and they are hereby, authorized and required to continue to exercise and perform the duties of their respective offices as officers of the Territory of Minnesota, temporarily, and until they, or others, shall be duly appointed and qualified to fill their places in the manner herein directed, or until their offices shall be abolished. Appropriation of $5,000 for library. Reservation of lands for use of schools. wise provided by may define the judges to them, &o. SEC. 17. And be it further enacted, That the sum of five thousand dollars be, and the same is hereby, appropriated, out of any moneys in the treasury not otherwise appropriated, to be expended by and under the direction of the said governor of the Territory of Minnesota, in the purchase of a library, to be kept at the seat of government, for the use of the governor, legislative assembly, judges of the supreme court, secretary, marshal, and attorney of said Territory, and such other persons and under such regulations as shall be prescribed by law. SEC. 18. And be it further enacted, That when the lands in the said Territory shall be surveyed under the direction of the Government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same. SEC. 19. And be it further enacted, That temporarily, and Until other until otherwise provided by law, the governor of said Territory law the governor may define the judicial districts of said Territory, and assign judicial districts, the judges who may be appointed for said Territory to the and assign the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts, by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient. How laws shall be enacted by le SEC. 20. And be it further enacted, That every bill gislative assem- which shall or may pass the council and house of representaby the governor. tives shall, before it becomes a law, be presented to the gover nor of the Territory; if he approve, he shall sign it, but if not, he shall return it, with his objections, to the house in which it originated; which shall cause the objections to be entered at large upon their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall also be reconsidered, and if ap proved by two-thirds of that house, it shall become a law; but in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house, respectively. If any bill shall not be returned by the governor, within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislative assembly, by adjournment, prevent it; in which case it shall not become a law. Approved March 3, 1849. CHAP. 122.-AN ACT to establish the collection district of Brazos De Santiago, and for other purposes. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress as- Collection dissembled, That all that part of the collection district of Saluria, trict of Brazos de Santiago estab. south and west of the north side of Padre island, in the Gulf of lished, and Point Mexico, be, and the same is hereby, made a collection district, port of entry. which shall be known as the district of Brazos Santiago, and that Point Isabel be, and the same is hereby, made the port of entry of the said district. Isabel made a Collector to be compensation. SEC. 2. Be it further enacted, That a collector for the said district of Brazos Santiago shall be appointed by the Presi- appointed-his dent, with the advice and consent of the Senate, who shall reside at Point Isabel, and hold his office for the terms and the time prescribed by law for the like office in other districts, and who shall be entitled to a salary not exceeding seventeen Hundred and fifty dollars per annum, including in that sum the fees allowed by law; and the amount he shall collect in any one year for fees, exceeding the said sum of seventeen hundred and fifty dollars, shall be accounted for and paid into the treasury of the United States. 1ered at Point Fort Brown, to back, &c. Proviso. SEC. 3. And be it further enacted, That any merchandise Merchandise enwhich shall have been duly entered at the said port of entry, label, and transand the duties thereon paid or secured according to law, may ported by land to be transported by land to Fort Brown, on the Rio Grande, or be entitled to priany other place near the said Fort Brown which may be desig- vilege of drawnated by the Secretary of the Treasury, and be thence exported with the privilege of drawback to any foreign country: Provided, That such exportation shall be made within one year from the date of importation, and under the conditions and provisions of the act entitled "An act allowing drawback upon foreign merchandise exported in the original packages to Chibuahua and Santa Fe, in Mexico, and to the British North American provinces adjoining the United States," approved March third, eighteen hundred and forty-five. Inspector to be. appointed to re SEC. 4. And be it further enacted, That the Secretary of side at Ft. Brown. the Treasury shall appoint an additional inspector, who shall reside at Fort Brown, or such other place as may be designated by him as aforesaid, and who shall inspect all merchandise entitled to drawback under the provisions of this act, and otherwise protect the revenue. Merchandise entered, &c., at to Loredo, to be SEC. 5. And be it further enacted, That any merchandise Corpus Christi, which shall have been duly entered at the port of Corpus and transported Christi, and the duties thereon paid or secured according to law, may be transported to Loredo, on the Rio Grande, and from Jege of drawback. thence exported to Mexico, with the privilege of drawback: Provided, That such exportation shall be made within one year from the date of importation, and under the conditions and provisions of the act entitled "An act allowing drawback upon foreign merchandise exported in the original packages to Chihuahua and Santa Fe, in Mexico, and to the British North American provinces adjoining the United States," approved March third, eighteen hundred and forty-five; and the Secretary of the Treasury is hereby authorized to appoint an addiat tional inspector to reside at Loredo, who shall inspect all merLoredo to be ap-chandise entitled to drawback under the provisions of this act, and otherwise protect the revenue. Inspector pointed. Secretary of the Treasury to ap collector to reside at Chesa SEC. 6. And be it further enacted, That the Secretary of point a deputy the Treasury be authorized to appoint a deputy collector to reside at Chesapeake City, in the State of Maryland, with authority to grant enrolments and licences to vessels: Provided, That the compensation of the said deputy collector shall be the usual fees of office, and nothing more. peake City, Md. enrolments of SEC. 7. And be it further enacted, That the owners of vessels residing on New River, in Onslow county, in the State of Registers and North Carolina, shall have the privilege of taking out registers vessels at New or enrolments, and licences, at Wilmington, in said State, and the collector of that district is hereby authorized to grant the same on the conditions now required by law. Approved March 3, 1849. River, Onslow CHAP. 123.-AN ACT to cause the northern boundary of the State of Iowa to be run and marked. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the surveyor general, of Wisconsin and Iowa, under the direction of the Commissioner of the General Land Office, shall cause the northern boundary line of the State of Iowa to be run and marked, and suitable monuments placed thereon; and the said surveyor general shall return one copy of said survey to the General Land Office, and another copy to the executive of Iowa, to be deposited in the archives of that State. Approved March 3, 1849. CHAP. 124. AN ACT to amend the act entitled "An act supplemental to the act for the admission of the States of Iowa and Florida into the Union." Judicial district into three divi sion. vision. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as sembled, That, for the purpose of trying all issues of fact, triable by a jury in the district court of the United States for the of fowa separated district of Iowa, as established by the act entitled "An act sup sions. plemental to the act for the admission of the States of Iowa and Florida into the Union," approved third March, eighteen hundred and forty-five, the said district shall be separated into three divisions, as follows, to wit: All that part of said district lying within the Dubuque land district, as altered by the "Act to establish an additional laud district in Iowa," approved eighth August, eighteen hundred and forty-six, shall constitute the northern division, and a regular term of said court for said di-Northern divivision shall be held annually at Dubuque, to commence on the first Monday in January; all that part of said district lying within the Iowa land district, as established by the "Act to establish an additional land district in Iowa," approved eighth August, eighteen hundred and forty-six, shall constitute the middle di. Middle division. vision, and a regular term of said court for this division shall be held annually at Iowa city, to commence on the first Monday in October; and the residue of the State of Iowa shall constitute the southern division, and a regular term of said court for Southern dithis division shall be held annually at Burlington, to commence on the first Monday in June; and should the judge of the said district court fail to attend at the time and place of holding any one of the regular terms of the court, for either of the said divisions of the aforesaid district, before the close of the fourth day of any such term, the business pending in such court shall stand adjourned to the next regular term thereof: Provided, That whenever the judge of said court, from any cause, shall fail to hold a regular term of said court for either of said divisions, it shall be his duty, if in his opinion the business in said court shall require, to hold an intermediate term of said court, at such time as he shall, by his order, under his hand and seal, direct, addressed to the clerk and marshal of said court, at least thirty days previous to the commencement of said term, and to be published, in the several newspapers published in the bounds of said division and district, the same length of time; and, at any and all such intermediate terms, the business of any such courts, of every nature and description whatsoever, shall have reference to, and be proceeded with, in the same manner as if the same were a regular term of the said court. And all such issues of fact shall be tried at a term of said court, to be held in the division where such suit should hereafter be commenced, in accordance with the third section of this act. But nothing herein contained shall prevent the said district court, by general rule, from regulating the venue of transitory actions, either in law or in equity, and from changing the same for a good cause to be shown. Proviso. Cases now pending in dis the of action may SEC. 2. And be it further enacted, That all issues now trict court of lo- pending in the said district court shall be tried at the places division above prescribed for holding such court, within the division where the cause where the cause of action may have arisen, unless otherwise bave arisen, &c. ordered by said court, in pursuance of the authority given in the first section of this act; and no process issued, or proceedings pending, in the said district court shall be avoided or impaired by this change of the time and place of holding such court; but all process, bail bonds, and recognisances, returnable at the next term of the said court, shall be returnable and returned to the court next held at the appropriate place, according to this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly; and all continuances may be made to conform to the provisions of this act. How suits brought in said district court. SEC. 3. And be it further enacted, That all suits hereafter hereafter may be to be brought in the said district court, not of a local nature, shall be brought in a court of the division of the district where the defendant resides; but if there be more than one defendant, and they reside in different divisions of the district, the plaintiff may sue in either division, and send duplicate writ or writs to the other defendants; on which the plaintiff or his attorney shall endorse that the writ thus sent is a copy of a writ sued out of a court of the proper division of the said district; and the said writs, when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly. Clerk of district to appoint a dep sion, &c. SEC. 4. And be it further enacted, That it shall be lawful court authorized for the clerk of the district court for the district of Iowa to aputy for each divi- point a deputy at each of the places prescribed for holding terms of the said court, who, in his absence, may exercise all the official powers of the said clerk, at the place and within the division of the said district for which he may have been appointed. And such deputy, before he enters on the discharge of his duties, shall take the usual oath for the faithful performance of his duties as such deputy. And nothing herein contained shall be held to excuse or release the said clerk from legal responsibility for acts performed by his said deputy, in behalf of said clerk in the office aforesaid. Duties of marshal and district attorney. Jurisdiction of extended. SEC. 5. And be it further enacted, That the district attor ney and marshal of the district of Iowa shall, respectively, perform the duties of district attorney and marshal of and for the northern, middle, and southern divisions of the district of Iowa, as established by this act; and the said marshal shall keep an office at each of the places where the sessions of the said dis trict court are directed to be held, and his charges for mileage, in the execution of the duties of his office within the said district, shall be computed from the city of Iowa. SEC. 6. And be it further enacted, That in addition to the said district court ordinary jurisdiction and powers of a district court of the United States, with which the district court of Iowa has been invested, it be, and is hereby, invested, within the limits of said district, |
