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cuit court, to the supreme court of the United States, in the same supreme court
of the United manner as from circuit courts. [Approved, May 22, 1826.] States, &c.
tion to the re
the several la nd offices,
Chap. 152. An act to compensate receivers of public moneys for transporting and deposit
ing the same. $1. Be it enacted, &c. That it shall be lawful for the secretary Secretary of of the treasury to allow to the several receivers of public moneys, the treasury to in the several land offices, a reasonable compensation for trans- ble compensaporting to, and depositing such moneys in, any bank or other to
ceiver of pubplace of deposite, that may, from time to time, be designated by lic money, in the secretary of the treasury for that purpose, which compensation shall be regulated according to the actual labour, expense, for transportand risk, of such transportation and deposite, to the place of de
positing moposite, and returning therefrom.
neys. 8 2. That it shall be lawful for the secretary of the treasury, A like comin his discretion, to make a like compensation to the several re- be made to ceivers of public moneys for similar services by them performed them for simi
h lar services since the reduction of their compensation by the act of the performed by twentieth of April, one thousand eight hundred and eighteen. ihem since the
act of 30th [Approved, May 22, 1826.]
Passed at the second session, which was begun and held at
the City of Washington, in the District of Columbia, on Monday, the first day of December, one thousand eight hundred and twenty-six.
John Quincy Adams, President. J. C. CALHOUN, Vice Presi.
dent, and President of the Senate. NATHANIEL Macon, President of the Senate, pro tempore. J. W. TAYLOR, Speaker of the House of Representatives.
CHAP. 161. An act to provide for taking evidence in the courts of the United States, in cero
- lain cases.
shall be issue by any court
$1. Be it enacted, fc. That whenever a commission shall be Whenever a commission issued, by any court of the United States, for taking the testi
d. mony of a witness or witnesses, at any place within the United of the United States, or the territories thereof, it shall be lawful for the clerk
s. of any court of the United States, for the district or territory timony of a within which such place may be, and he is hereby enjoined and witness or
at required, upon the application of either of the parties in the suit,
rouired and any place cause, action, or proceeding, in which such commission shall have within the United States, been issued, his, her, or their agent or agents, to issue a subpæna or the territo or subpenas, for such witness or witnesses, residing or being within ries thereof, it shall be lawful the said district or territory, as shall be named in the said comfor the clerk of mission, commanding such witness or witnesses to appear and the United" testify before the commissioner or commissioners, in such comStates, for the mission named, at a time and place in the subpæna to be stated, district or territory within and if any witness, after being duly served with such subpena, Which suche shall refuse or neglect to appear, or, after appearing, shall refuse place may be, to issue a sub' to testify, (not being privileged from giving testimony,) such repana or sub- fuselor
sub- fusal or neglect being proved to the satisfaction of any judge of pænas, for such witness the court, whose clerk shall have issued such subpæna or subnamed in said puno, no Ssenza penas, he may thereupon proceed to enforce obedience to the
process, or to punish the disobedience, in like manner, as any court of the United States may do in case of disobedience to process of subpoena ad testificandum, issued by such court; and the witness or witnesses, in such cases, shall be allowed the same
compensation as is allowed to witnesses attending the courts of Proviso.
the United States : Provided, That no witness shall be required to attend at any place out of the county in which he may reside, nor more than forty miles from his place of residence, to give his or her deposition, under this law.
$ 2. That whenever either of the parties in such suit, cause, Any judgo of action, or proceeding, shall apply to any judge of a court of the io issue a sub.
ha the V. Siatos, United States, in the district or territory of the United States, pæna ducos in which the place for taking such testimony may be, for a sub- tain cases.
tecum, in corpana duces tecum, commanding the witness, therein to be named, to appear and testify before the said commissioner or commissioners, at the time and place in the said subpoena to be stated, and also to bring or carry with him or her, and produce lo such 'commissioner or commissioners, any paper, writing, or written instruinent, or book, or other documents supposed to be in the possession or power of such witness, such judge being satisfied, by the affidavit of the person applying, or otherwise, that there is reason to believe that such paper, writing, written instrument, book, or other document, is in the possession or power of the witness, and that the same, if produced, would be competent and material evidence for the party applying therefor, may order the clerk of the court, of which he is a judge, to issue such subpæna duces tecum, accordingly; and, if such witness, after being duly served with such subpæna duces tecum, shall fail to produce any such paper, writing, written instrument, book, or other document, being in the possession or power of such witness, and described in such subpoena duces tecum, before, and to such commissioner or commissioners, at ths time and place in such subpæna stated, such failure being proved to the satisfaction of the said judge, he may proceed to enforce obedience to the said process of subpona duces tecum, or to punish the disobedience, in like manner as any court of the United States may do in case of disobedience to a like process, issued by such court; and when any such paper, writing, written instrument, book, or other document, shall be produced to such commissioner or commissioners, be or they shall, at the cost of the party requiring the same, cause to be made, a fair and correct copy thereof, or of so much thereof as shall be required by either of the parties : Provided, Proviso. That no witness shall be deemed guilty of contempt for disobeying any subpæna directed to him by virtue of this act, unless bis fees for going to, returning from, and one day's attendance at the place of examination, shall be paid or tendered to him at the time of the service of the subpæna. (Approved, January 24, 1827.)
Cuap. 162. An act concerning the selection of certain lands heretofore granted by compacts
to the state of Missouri, for seminaries of learning.
81. Be it enacted, fc. That it shall be the duty of the presi- Certain lands dent of the United States, as soon as may be, to cause to be for seminarios
to be selected selected, from any of the public lands of the United States in of learning. Missouri, the sale of which is authorized by law, and in quantities not less than a section, according to the divisional lines of the public surveys, the several townships of land heretofore secured by co:npact to the state of Missouri, for the purposes of a seminary or seminaries of learning in that state, and to cause one descriptive list of such selections to be filed with the governor of Missouri, in the office of the secretary of that state ; and another like list to be filed in the general land office of the Unit
ed States; and the lands so selected shall, immediately there-
their legislative council, and for other purposes. Members of § 1. Be it enacted, f.c. That at the next, and at each succeedthe legislative :
1 to be, ing election of members of the legislative council of the territory hereafter, cho- of Michigan, the qualified electors of the said territory may, inpeople.
stead of choosing twenty-six, as heretofore directed, elect thirteen fit persons as their representatives, in the manner, and with the qualifications now, or hereafter to be, prescribed by law : which said representatives, so elected, shall be and constitute the said legislative council. And for the purpose of securing an equal representation, the governor and legislative council of said territory, are hereby authorized and required to apportion the representatives, so to be elected as aforesaid, among the several counties or districts, in the said territory, in proportion, as near as may be, to the whole number of inhabitants in each county or district, exclusive of Indians not laxed.
§ 2. That the said governor and legislative council be, and judges of the supreme court, they are hereby, authorized to provide by law for holding, an
Cornually, one or more courts, by one or more of the judges of the couris, in each supreme court of said territory, in each of the counties in that county east. part of the territory eastward of the lake Michigan ; and also for Michigon. &c, the appointment of a clerk in each county, to act as clerk to the
said court therein; and further to prescribe the jurisdiction of said courts, and the powers and duties of the judge or judges
holding the same. Clerk of said 6. § 3. That the judges of the supreme court of the territory of
2° Thotho court to be appointed by the Michigan have, and may exercise, the right of appointing the judge. clerk of the said court, and of removing him at pleasure. No member of $ 4. That no member of the legislative council shall be elithe legislative gible to any office created, or the fees of which were regulated council to be grote to any omce created, or the eligible to any by a law or laws passed whilst he was a member, during the pe
ere riod for which he was elected, and for one year thereafter. All laws, &c. $ 5. That all laws, and parts of laws, in so far as the same with this, re- shall be shall be inconsistent with the provisions of this act, are hereby
consistent wil pealed. repealed ; and, further, that congress have the right, at any time,
to alter or repeal this act. (Approved, January 29, 1827.)
One or moro
to hold annu
ally, a court
Chap. 165. An act to provide for the location of the two townships of land reserved for
seminary of learning in the territory of Florida, and to complete the location of the grant to
the deaf and dumb asylum of Kentucky. The township $1. Be it enacted, fc. That the township of land reserved in of land reserv- the district of East Florida, by an act of congress, approved the od for a seninary of learn- third day of March, one thousand eight hundred and twenty
hadis-three, for a seminary, of learning, shall be located east of the ApFlorida, by act palachicola 'river, and may be located in sections corresponding of 3d March,
to bem.. with any of the legal divisions into which the public lands are caled oast of authorized to be surveyed, so as not to interfere with private
or to lease the
land claims, or the rights of pre-emption; and the township lo- the Appacated west of the Appalachicola river, as directed in the afore
lachicola river, said act, so far as it is covered by the claims of those entitled to the right of pre-emption, by the act approved the twenty-second of April, one thousand eight hundred and twenty-six, shall be located in sections upon any unappropriated lands in said district of country, until the amount taken by said interferences shall be satisfied and discharged.
s 2. That the governor and legislative council of said territo- Power given ry shall have power to take possession of the lands granted for op! the use of schools and for a seminary of learning, and to lease same. the same from year to year; and the money arising from the rent of said lands shall be appropriated to the use of schools, and ! the erection of a seminary of learning, in such manner as they may direct; and they shall have power to pass laws for the preservation of said lands from intrusion and trespass until Florida shall be admitted into the Union as a state.
8 3. That the incorporated deaf and dumb asylum of Ken- Location of fucky shall have the power, under the direction of the secretary the grant to
the deaf and of the treasury, of locating so much of the township of land dumb asylum granted to the said institution, as has been taken by the claims of Kentucky. of those who are entitled to the right of pre-emption in the territory of Florida, under the provisions of the act aforesaid ; which shall be located in sections upon any unappropriated and unreserved lands in either of the territories of Florida or Arkansas; which said tracts, when so located, shall be disposed of by the corporation of said deaf and dumb asylum, agreeably to the provisions of an act passed the fifth of April, one thousand eight hundred and twenty-six, entitled “ An act for the benefit of The incorporated deaf and dumb asylum of Kentucky. (Approved, January 29, 1827.] Chap. 166. An act to provide for the confirn.ation and settlement of private land claims in Vol. iv. p. East Florida, and for other purposes.
2106, 2125. § 1. Be it enacted, &c. That all the decisions made by the Decisions - commissioners appointed to ascertain claims and titles to land made by the
commissionin the district of East Florida, and those recoinmended for con- ers appo firmation, under the quantity of three thousand five hundred to ascertain
claims, &c. to acres, in favor of claimants to lands and lots, contained in the land in E. reports, abstracts, and opinions, of said commissioners, which Florida, con.
""tained in their have been transmitted to the secretary of the treasury, according reports, &c. to law, and referred by him to congress, on the twenty-first of transmitted,
&c on the February, eighteen bundred and twenty-five, and the twenty-first 21st of Feb.
are 1825, and 21st of February, eighteen hundred and I wenty-six, be, and the saine are hereby, confirmed. 2. That all the conflicting Spanish claims, reported in obe- Certain con
flicting Spandience to the fourth section of an act of congress, approved May isho the eighth, eighleen hundred and twenty-two, entitled “ An act formed, for ascertaining claims and litles to lands in the territory of Florida,” be, and the same are hereby, confirmed : Provided, That Proviso. ibis confirmation shall only operate as a relinquishment of the title of the United States : Provided further, That nothing in the Proviso. aforegoing sections shall be construed to prevent or bar the ju
of Feb. 1826, confirmed.