« ForrigeFortsett »
Attorney to be appointed.
courts, and of the justices of the peace, shall be as limited by T law: Provided, however, That justices of the peace shall not have jurisdiction of any matter of controversy, when the title or boundaries of land may be in dispute, or where the debt or sum claimed exceeds fifty dollars. And the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Each district court shall appoint its clerk, who shall keep his office at the place where the court may be held, and the said clerks shall also be the registers in chancery; and any vacancy in said office of clerk happening in the vacation of said court, may be filled by the judge of said district, which appointment shall continue until the next term of said court. And writs of error, bills of exception, and appeals in chancery causes, shall be allowed in all cases, from the final decisions of the said district courts to the supreme court, under such regulations as may be prescribed by law ; but in no case removed to the supreme court, shall a trial by jury be allowed in said court. The supreme court may appoint its own clerk, and every clerk shall hold his office at the pleasure of the court by which he shall have been appointed. And writs of error and appeals from the final decisions of the said supreme court shall be allowed and taken to the Supreme Court of the United States, in the same manner, and under the same regulations, as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, shall exceed one thousand dollars. And each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States as is vested in the circuit and district courts of the United States. And the first six days of every term of the said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws. And writs of error, and appeals from the final decisions of the said courts, in such cases shall be made to the supreme court of the territory, in the same manner as in other cases. The said clerks shall receive, in all such cases, the same fees which the clerk of the district court of the United States in the northern district of the state of New York receives for similar services.
§ 10. ..]nd be it further enacted, That there shall be an attorney for the said territory appointed, who shall continue in office four years, unless sooner removed by the President, and who shall receive the same fees and salary as the attorney of the United States for the Michigan territory. There shall also be a marshal for the territory appointed, who shall hold his office for four years, unless sooner removed by the President, who shall execute all process issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States. He shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as the marshal of the district court of the United States for the northern district of the state of New York; and shall, in addition, be paid the sum of two hundred dollars, annually, as a compensation for extra serwices.
§ 11. And be it further enacted, That the governor, secretary, Governor &c. chief justice and associate judges, attorney, and marshal, shall o: ". - - - y the senbe nominated, and, by and with the advice and consent of the sen- e. ate, appointed by the President of the United States. The governor and secretary, to be appointed as aforesaid, shall, before they act as such, respectively take an oath or affirmation before some judge or justice of the peace, in the existing territory of Michigan, duly commissioned and qualified to administer an oath or affirmation, to support the constitution of the United States, and for the faithful discharge of the duties of their respective offices; which said oaths, when so taken, shall be certified by the rson before whom the same shall have been taken, and such certificate shall be received and recorded by the said secretary among the executive proceedings. And, afterwards, the chief justice and associate judges, and all other civil officers in said territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid ; and, afterwards, the like oath or affirmation shall be taken, certified, and recorded, in such manner and form as may be prescribed by law. The governor shall Salaries receive an annual salary of two thousand five hundred dollars for his services as governor and as superintendent of Indian affairs. The said chief justice and associate judges shall each receive an annual salary of eighteen hundred dollars. The secretary shall receive an annual salary of twelve hundred dollars. The said salaries shall be paid quarter yearly, at the treasury of the United States. The members of the legislative assembly shall be entitled to receive three dollars each per day, during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going and returning from the said sessions, estimated according to the nearest usually-travelled route. There Contingent shall be appropriated, annually, the sum of three hundred and *P* fifty dollars, to be expended by the governor to defray the contingent expenses of the territory, and there shall also be appropriated annually, a sufficient sum, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws and other incidental expenses; and the secretary of the territory shall annually account to the secretary of the treasury of the United States for the manner in which the aforesaid sum shall have been expended. § 12. And be it further enacted, That the inhabitants of the Rights, &c. said territory shall be entitled to, and enjoy, all and singular the under the terrights, privileges, and advantages, granted and secured to the ...; people of the territory of the United States north-west of the river }. * Ohio, by the articles of the compact contained in the ordinance ed to Wisconfor the government of the said territory, passed on the thirteenth W. 3 day of July, one thousand seven hundred and eighty-seven ; and ..."frn. shall be subject to all the conditions and restrictions and prohibi-dix." tions in j articles of compact imposed on the people of the
And also those secured to Michigan.
Legislative sessions, when held.
specting undetermined suits.
said territory. The said inhabitants shall also be entitled to all
of the territory of Wisconsin shall hold its first session at j,
sury, not otherwise appropriated, is hereby given to the said ter
ritory, which shall be applied by the governor and legislative
on the third day of July next, shall be certified by the clerk of the said supreme court, and transferred to the supreme court of the said territory of Wisconsin, there to be proceeded in to final determination, in the same manner that they might have been in the said supreme court of the territory of M.
§ 17. And be it further enacted, That the sum of five thousand dollars be, and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated, to be expended by and under the direction of the legislative assembly of said territory, in the purchase of a library for the accommodation of said assembly, and of the supreme court hereby established. [...]pproved, .April 20, 1836.]
Chap. 55. An act in addition to the act of the twenty-fourth of May, one thousand eight hundred and twenty-eight, entitled “An act to authorise the licensing vessels to be employed in the mackerel fishery.”
§ 1. Be it enacted, &c. That vessels duly licensed under the provisions of “An act to authorise the licensing of vessels to be employed in the mackerel fishery,” passed May twenty-fourth, one thousand eight hundred and twenty-eight, shall not be deemed or taken to be liable to the forfeitures imposed by the fifth and thirty-second sections of the act of Congress, approved the eightteenth day of February, one thousand seven hundred and ninetythree, entitled “An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same,” in consequence of any such vessel, whilst licensed as aforesaid, having been engaged in catching cod, or fish of any other description whatever, Provided, however, That this act shall not be deemed or considered as authorising or entitling the owner or owners of any vessel licensed for the mackerel fishery, to receive the bounty allowed by law to vessels employed in the cod fishery. [Approved, April 20, 1836.]
CHAP. 56. An act to prescribe the mode of paying pensions heretofore granted by the United States.
§ 1. Be it enacted, &c. That all laws and parts of laws, authorising or requiring the Bank of the United States, or its branches to pay any pensions granted under the authority of the United States, shall be, and the same are hereby repealed; and such payments shall be hereafter made, at such times and places, by such persons or corporations, and under such regulations, as the secretary of war may direct; but no compensation or allowance shall be made to such persons or corporations for making such room. without authority of law. o April 20, 1836.
Char. 58. An act to authorise the construction of a rail-road, through lands of the United States in Springfield, Massachusetts.
§ Be it enacted, &c. That the Western rail-road corporation be, and they are hereby, authorised to construct a rail road on lands belonging to the United States, in Springfield, Massachusetts, and
take for the security and accommodation of said rail-road, or the
accommodation of the business thereof, a strip of land through or
over said land of the United States, not exceeding eighty feet in Proviso. width; Provided, That the location of said road, through said
land of the United States, shall be submitted to, and approved by the secretary of war, prior to the construction i. And provided also, That whenever said strip of land shall cease to be improved for the purposes of a rail-road, or the accommodation of the business thereof, that the same shall revert to the United States. [Approved, April 29th, 1837.]
CHAP. 59. An act making appropriations for the civil and diplomatic expenses of government for the year one thousand eight hundred and thirty-six.
so § 2. And be it further enacted, That it shall be the duties of *či, the secretaries of state, of the treasury, of the war and navy dethe Executive partments, and of the postmaster general, and the secretary of §epartments, the senate, and clerk of the house of representatives, to lay before &c. Congress, in lieu of the statement now required by law, during the first week in each annual session of Congress, a statement - of the expenditures made by them respectively from the contingent funds of their respective departments and offices; that of the secretary of state to include all the contingent expenses of foreign intercourse, and of all the missions abroad, except such expenditures as are settled upon the certificate of the President; said statements to be abstracts of the accounts with the names of all persons to whom payments have been made and the amount paid to each. [...]pproved, May 9th, 1836.] .
CHAP. 60. An act providing for the salaries of certain officers therein named, and for other purposes.
Translator § 1. Be it enacted, &c. That the translator of foreign languages
S*.*P*.* and the librarian in the department of state, shall receive a receive a sal
ary of si,600. salary of sixteen hundred dollars.
Disbursing . That the disbursing agent in said department be allowed a sal. "...". ary, of fourteen hundred and fifty dollars. o * That the secretary of the treasury be, and he is hereby, au
Secretary of thorised to employ two additional clerks, to enable him to carry treasury to into effect the provisions of the second section of the act of the . ” third of March, eighteen hundred and thirty-five, one at a salary of eleven hundred and fifty dollars, and the other at a salary of Assistant one thousand dollars. messenger in That the assistant messenger in said department be allowed the ..", " sum of six hundred and fifty dollars. Homecofit The assistant messenger of the first comptroller's office be alComptroller. lowed the annual compensation of five hundred dollars. 9.”". For the emolument of clerks and messengers for the office of ... the commissioner of pensions, in addition to those authorised by of pensions. law, twelve thousand two hundred dollars. Messenger, That the annual compensation of the messenger in the office of o: *. the commissioner of Indian Affairs, to be seven hundred dollars.
Additional That the commissioners of the navy board be authorised to