« ForrigeFortsett »
a trial by ju
the hearing of causes in equity, as often as the judges of the
said courts, respectively, shall deem fit 10 appoint. Said superiors 4. That the said superior. courts, respectively, shall have courts, in
where power, in cases where there has been a trial by jury, to grant there has been new trials, as often as may be deemed necessary for the due ad
weyi ministration of justice, for reasons for which new trials have to grant new usually been granted in the courts of law, and shall have power
1o administer all necessary oaths or affirmations, and to make and establish all necessary rules of practice and pleading, and
for the orderly conducting of the business of the said courts : Provisó. Provided, Such rules be not repugnant to the laws of the Unit
ed States, or of the said territory. Writs of error $5. That writs of error and appeal shall lie, and may be takand appeal
and en on all final decisions of said superior courts, where the matmay be iaken ter in dispute shall amount to the sum or value of one hundred on all final de cisions of said dollars, exclusive of costs, to the court of appeals of said terrisuperior courts, tory ; in all civil causes of admiralty and maritime jurisdiction ; matter in dis- in all causes of seizure, under the laws of impost, navigation, pute shall .. and trade, of the United States ; in all suits for penalties and amount to the suin or value forfeitures incurred under the laws of the United States, and in of one hundred all suits in which the United States shall be a party; in all civil dolls, exclusive of costs, causes, in law and equiry, arising under the constitution and to the court of
laws of the United States, and treaties made, and which shall
we then appeals of said! lerritory. be made, under their authority, and in all civil càses affecting
ambassadors, other public ministers and consuls ; in controver-
have directed, or shall direct. , Regulations $ 6. That the regulations prescribed by the nineteenth, twen
the 19th, 201h, tieth, twenty-first, twenty-second, twenty-third, and twenty, 21st, 220, 231, fourth, sections of the act of the twenty-fourih of September, and 24th, sections of the acı seventeen hundred and eighty-nine, entitled “An act to estabof 24th Sept; lish the judicial courts of the United States," and by the act of 1789, to establish the judi- the twelfih of December, seventeen hundred' and ninety-four, cial courts of entiiled “ An act to amend and explain the twenty-second secand that of tion of the act establishing the judicial courts of the United twelfth Dec. Sotes" - States," as far as said regulations shall be practicable, shall be
for tory of the 22d observed in respect to all writs of error and appeals, from the to be observe
d. said superior courts to the court of appeals in the cases enume
rated in the first part of the preceding section, and in writs of
error and appeals from the said court of appeals to the supreme Clorks of the
court of the United States.
Ø 7. That the clerks of the said superior courts, respectively,
court in one
where the courts are held shall keep correct, particular, and re- courts, where gular minutes and records of every day's proceedings of the said he
a held, shall courts, and the said clerks, marshals, and district attorneys, shall keep correct, respectively receive for their services, in all causes of admiralty po
a particular, and and maritime jurisdiction, and in causes arising on seizures un- nules and reder the laws of inpost, navigation, and trade, of the United day's p
cords of every
mited day's proceedStates, the same fees and compensation as are allowed by law ing, &c. &c. 10 The clerks, marshals, and district attorneys, of- the district court of the United States for Louisiana district, in similar causes ; and in all other causes, such fees as have been or shall be hereaster established by the legislative council of the said territory. And the clerk, United States' attorney, and marshal, of the court of appeals, shall have the same fees and compensation for altending said court, whilst exercising the powers of a circuit court, as directed in this act, as are allowed to the clerk, attorney, and marshals of the circuit courts of the United States; and, in all other cases, such fees as the legislative council of said territory have established, or may direct. $ 8. That the judges of the superior courts shall only be re- Judges of the
superior quired to hold a court in one other place, in their respective dis- courts requirtricis, than the one assigned by the laws of the United States, com to be designated by the governor and legislative council; and so other place, in much of any law, as restricts said courts to a particular number is
aber their respec- of days, for the trial of causes arising under the constitution and laws of the United States, be, and the same is hereby, repealed.
$ 9. That the marshals of each district shall reside within the Marsh als of same, and execute all the process of said courts, whether arising shall reside
dcourts whoshor ovisin each district under the laws of the United States, or of said territory; and per- within the form all the duties of ministerial officers of the same; and shall execute bond, with security, to be approved by said judges, conditioned for the performance of the duties required of the executive officers, by the laws of said territory, in the sum of ten thousand dollars, which shall be recorded by the clerks of said courts. 10. That thirteen persons shall be annually elected by the Thirteen, per
We sons shall be people of said territory, who shall compose the legislative coun- annually cil thereof, each of whom shall be an inhabitant of said territory, ele
Y people of said and shall have resided therein one year next preceding his elec- territory, to tion ; and the term for which each shall be elected shall be one comida
o legislative year, to commence on the second Monday of December annual- council, &c. jy. And it shall be the duty of the governor to divide the said &c. territory into thirteen convenient districts, so as to give to each district, as near as may be, an equal number of free white inhabitants, for the purpose of electing members of the legislative council of said territory; and he shall also designate places for holding elections in each district, and appoint judges or managers 10 preside at, and conduct the same, who shall take the same oath, and observe the same formality, as is now required by law, in the election of delegate to congress. The time and place of holding the elections shall be made known, by proclamation, and sent to each district, respectively: and it shall be lawful for the inhabitants within the respective districts, who
elected by tho
are, or may be qualified voters, under the laws of the same, to elect one person in each district, as a member of the legislative council. And it shall be the duty of the said judges or managers, in each district, to make a return to the governor of the name of every person voted for as a member of the legislative council, in such district, together with the number of votes which each person shall bave received, written in full, opposite his name; and the votes in each district shall be canvassed by the governor and secretary of the territory, or by such other persons, or in such other manner, as the legislative council may hereafter direct by law; and the person in each district, having the great. est number of legal votes, shall be declared elected, and entitled to a seat in the legislative council; and in case iwo or more per. sons shall have the greatest, and an equal number of votes in any district, it shall be lawful for the governor to order a new election in such district, in such manner, and at such time, as the legislative council may by law prescribe. And the said legislative council shall hold a session in every year, commencing on the second Monday in December, in each year, at the seat of government in said territory, and continue not longer than six weeks, and the members of said council shall receive three dollars each per day, during their attendance in council, and three dollars for every twenty miles, to be estimated by the actual distance from the place of residence to the seat of government, and so distinctly certified by the governor of said territory, in goiog to, and returning from, any meeting of the legislative council, once in each session, and no more; and the first election shall be held on the first Monday of October next, and at such times thereafter, and under such regulations, as the governor and le
gislative council shall direct. Members of $11. That the members of the legislative council shall not be
Elnarike eligible to any office created during the period of their service, be eligible to or the fees of which were regulated by laws passed whilst they
e, &c. were members, or for one year thereafter. Said council not to pass any § 12. That it shall not be lawful for the legislative council 10 law imposing a pass any law imposing a higher tax on the lands of non-residents, higher tax, &c.
“than those of residents of said territory. the several $13. That so much of the several acts of which this is an this is an
ch amendment, as may be inconsistent with the provisions of this amendment, as act, be, and the same are hereby, repealed ; and so much of any with this act,
ni of the laws of said territory, as are repugnant to the same, are
disapproved and annulled. Acts passed
Plegisla- 14. That the several acts passed by the governor and legistíve council, lative council, granting divorces; the four first sections of “ An granting diForces; the act to amend an act to define crimes," &c. approved December four first sec- tenth, eighteen hundred and twenty-five ; and “ An act to preact to define scribe the forms of actions,”' &c. approved December fifth, eightcrimes of 10th een hundred and twenty-five; the act " in addition and amendDec, 1825, the one io prem ent of an act to determine fees,” &c. approved December ninth, scribe the eighteen hundred and twenty-five; and "An act to amend an tions, &c. of act regulating judicial proceedings," &c. approved December
: 1825, eighth, eighteen hundred and twenty-five; and “ An act to pro&c. disap proved and vide, in part, for raising a revenue," approved the ninth of De
acts of which
tions of the
cember, eighteen hundred and twenty-five, be, and the same are hereby, disapproved and annulled. (Approved, May 15, 1826.)
Chap. 56. An act to alter the lines between the land districts in the territory of Michigan,
31. Be it enacted, Sc. That the boundaries of the southern Boundaries of land district, in the territory of Michigan, as established by the
the the southern
y the land district, act passed the third of March, eighteen hundred and twenty- in Michigan,
established three, entitled “ An act to establish an additional land office in
md once in by the act of the territory of Michigan,” shall be so altered, as that, from the 3d March, point where the present boundary line between the third and tered.
1823, to be al. fourth townships south intersects ihe meridian line, the bound - Vol. üi. p.
1923. ary of the said district shall run north with the meridian line until it shall intersect the base line, and thence with the said line west to Lake Michigan. (Approved, May 16, 1826.]
Chap. 59. An act to extend the time allowed for the redemption of land sold for direct
taxes, in certain cases. Sl. Be it enacted, &c. That the time allowed for the redemp- Time allowed tion of lands which have been, or may be, sold for the non-pay- demption of ment of taxes, under the several acts passed on the second of lands sold for
non-payment August, one thousand eight hundred and thirteen; the ninth day of taxes, under of January, one thousand eight hundred and fifteen, and the fifth several acts.
passed 2d Auday of March, one thousand eight hundred and sixteen, for lay-gust, 1813, &c.
- Vol. ii. p. ing and collecting a direct tax within the United States, so far you as the same have been purchased for, or on behalf of the United Vol. iii. p. States, be revived and be extended for the further term of two 1536. years, from and after the expiration of the present session of congress : Provided also, That, on such redemption, interest shall Interest ta bo
paid at the be paid at the rate of iwenty per centum on the taxes aforesaid, pa and on the additions of twenty per centum chargeable thereon ; centum on iho and the right of redemption shall enure, as well to the heir and
and said, and on assignees of the land so purchased on behalf of the United States, the addition of
20 per centum as to the original owners thereof. (Approved, May 16, 1826.] thereon, &c,
ana, of lst
Char. 62. An act to confirm certain claims to lands in the district of Opelousas, in Lou
isiana. 31. Be it enacted, &c. That the several claims to lands, re- Claims to commended for confirmation in the report of the register of the mended land office at Opelousas, in the state of Louisiana, dated on the confirmation
in the report of first day of October, one thousand eight hundred and twenty- the register of five, and which are designated in that report by letter A, and the land of
fice at Opelounumbered one, two, three, four, eight, nine, ten, eleven, twelve, sas, in Louithirteen, fourteen, fifteen, seventeen, eighteen, nineteen, twenty, siana,
October, 1825, twenty-one, twenty-two, twenty-three, twenty-five, twenty-six, confirmed. thirly-one, thirty-two, thirty-three, thirty-four, thirty-eight, thirty-nine, forty, forty-two, forty-three, forty-four, forty-five, fortysix, forty-seven, forty-eight, fifty-two, fifty-three, fifty-four, fiftyfive, fifty-six, fifty-nine, sixty, sixty-one, sixty-two, sixty-three, sixty-five, sixty-six, sixty-nine, seventy, seventy-five, seventy-six, seventy-seven, seventy-eight, seventy-nine, eighty, eighty-two, eighty-three, eighty-seven, and ninety, be, and the same area hereby, confirmed agreeably to the said report ; Provided, That to operato only
the claim of
as a relin- . this confirmation shall operate only as a relinquishment of the quishment of
of claim of the United States to the lands hereby confirmed.
(Apthe United proved, May 16, 1826.] States. Vol. iü. p. Chap. 64. An act supplementary to “ An act for the gradual increase of the navy of the 1598.
United States." The presidents 1. Be it enacted, fc. That the president of the United States building of one is hereby authorized to cause the building of one of the ships of the ships authorized by the act for the gradual increase of the navy of the authorize the act for the
or the United States, to be suspended, and the timber for the same to gradual in. be laid up and secured. And he is bereby further authorized, navy to be sus- if, in his opinion, the same can be done on advantageous terms pended, &c. 10 the United States, to cause to be purchased for the United and to build one not less Stales, a ship of not less than the sinallest class authorized to be than the small- built by the said act, and for carrying such purchase into effect, est class authorized to be the amount for which the purchase may be made, may be paid built by that out of the appropriation heretofore made for the gradual increase act.
of the navy of the United States. (Approved, May 17, 1826.)
crease of th
cause to be
Chap. 66. An act to authorize the sale and conveyance of the house belonging to the United
Stales at the Hlague. President to $1. Be it enacted, &c. That the president be, and he is hereby, sold and con- authorized to cause to be sold and conveyed, the house and lot veyed, the ... belonging to the United States at the Hague, which was conbelonging to veyed to the United States, by virtue of a resolution of the conthe United
tinental congress, of the twenty-seventh of December, seventeen States, at the Hague. hundred and eighty-two. [Approved, May 18, 1826.)
Chap. 73. An act for authorizing the building of light houses and light vessels, erecting bea
con lights, placing buoys, removing obstructions in The river Savannah, and for other purposes. The secretary
$1. Be it enacted, f.c. That, the secretary of the treasury be, of the treasury and he is hereby, empowered to provide by contract for building empowered to :
d to light houses and lighi vessels, and erecting beacons and beacon houses, &c. lights, and placing buoys, on the following sites or shoals, to Maine.
wit : In the state of Maine, a light house on Mantinicus Rock, Massachu and one on Pemaquid Point. In the state of Massachusetts, a seits.
light vessel to be anchored at or near Tuckanuck Shoal, in the Vineyard Sound; the tonnage of the light vessel not to be under one hundred and twenty-five tons; a light house on the end of Sandy Neck, at or near the mouth of Barnstable harbour. A
light house at or near the end of Long Point, Provincetown barConnecticut. bour. In the state of Connecticut, a light house at or near the
mouth of Norwalk harbor, to be located on the Rauton Neck, or on the west end of Norwalk, Long Island, under the direction of the secretary of the treasury, after an examination of those sites shall have been made by suitable persons, to be by
him appointed for that purpose. A beacon on the Round Shoals, New York. at the mouth of Ousatonic river. In the state of New York, a
light house at or near Dunkirk, on Lake Erie. One at the east end of Lake Erie, on a proper site to be selected, at or near the
mouth of Buffalo creek. One on the west end of Pluin Island, New York, in Long Island Sound; and one on T'ibit's Point, in Lake Ontaand New Jersey.
rio. In the states of New York and New Jersey, a light house