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Increase of sala riee of clerks

1837. in the year eighteen hundred and thirty-two, the privilege grant

ed to the collector of New York; to take effect from the first day of January last.

SECTION 3. And be it further enacted, That the clerks in the & messengers. Departments of State, Treasury, Navy and War, and of the two

Houses of Congress, and the Librarians of Congress, whose salaries are less than two thousand dollars, shall, in addition thereto, be allowed the following increase of annual compensation, from the first day of January last, to the end of the next session of Congress, viz: such of said clerks whose annual compensation does not exceed one thousand dollars, an addition of twenty per cent. thereto;, such of said clerks whose annual compensation exceeds one thousand dollars, an addition of ten per cent. thereto; and twenty per cent. in addition to the salaries of messengers and assistant messengers employed in, the respective offices, and the library of Congress; the amount of increase of compensation

provided for in this section, to be paid out of any money in the Proviso.

Treasury not otherwise appropriatedProvided, That nothing in this section shall be so construed as to effect the salaries of

any clerks whose salaries have been fixed by any law of the Further proviso. last or present session of Congress, Provided that no further

extra allowance be given for any extra services performed by them under any law or resolution of Congress.

Approved, March 3d, 1837.

CHAP. 24. An ACT supplementary to the act entitled “An act to amend the

judicial system of the United Staies."

21 circuit.

[Sec. 1.) Be it enacted, by the Senate and House of Represen

tatives of ihe United States of America in Congress assembled, Supreme Conrt That the Supreme Court of the United States shall hereafter Chief justice and consist of a chief justice, and eight associate judges, any five of eight associate whom shall constitute á quorum; and for this purpose there judges, &c.

shall be appointed two additional justices of said court, with the like powers, and to take the same oaths, perform the same duties, and be entitled to the same salary, as the other associate judges.

Hereafter, the districts of Vermont, Connecticut, and New York, 3d circuit. shall constitute the second circuit; the district of New Jersey,

the eastern and western districts of Pennsylvania, shall constitute the third circuit; the district of Maryland and the

district of Delaware shall constitute the fourth circuit; the dis6th circuit. tricts of Virginia and the district of North Carolina shall consti6th circuit. tute the fifth circuit; the districts of South Carolina and Georgia 7th circuit. shall constitute the sixth circuit; the districts of Ohio, Indiana,

Illinois and Michigan, shall, constitute the seventh circuit; and the circuit courts shall be held at Columbus, in the Ohio district, on the third Mondays in May, and December ; at Detroit, in the Michigan district, on the fourth Monday in June; at Indianapolis, in the Indiana district, on the first Monday in December; at Vandalia, in the Illinois district, on the last Monday in November, in each year, the districts of Kerstucky, east and west

4th circuit

circuit

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gions.

Tennessee, and Missouri, shall form and be called the eighth 1837.
circuit; and the districts of Alabama, the eastern district of oil circuit.
Louisiana, the district of Mississippi, and the district of Arkansas,
shall form and be called the ninth circuit.

Sec. 2. And be it further enacted, That the sessions of said Districts in which circuit courts shall be held twice in each year in the following bc held twice a districts, to wit: commencing in the eastern district of Louisiana, pace's ur Bessione. at New Orleans, on the third Monday of May and on the third Monday of November, annually; in the district of Mississippi, at Jackson, on the first Monday of May and on the first Monday of November, annually; in the southern district of Alabama, at Mobile, on the second Monday of April and the second Monday of October, annually; in the western district of Pennsylvania, at Pittsburg, on the third Mondays of May and November, annually ; in the district of Delaware, at Newcastle on the Tuesday next following the fourth Monday of May, and at Dover on the Tuesday next following the third Monday of Oc.. tober, annually; and in the district of Maryland, at Baltimore, on the first Monday of April and the first Monday of October, annually; in the northern district of New York, at Albany, on the second Tuesday of June and the third Tuesday of October, annually; and there shall be holden a term of said circuit courts, and districts in annually, at Lewisburg in the western district of Virginia, com- which masuala mencing on the first Monday of August ; at Huntsville, in the places of ses northern district of Alabama, commencing on the first Monday of June; at St. Louis, in the district of Missouri, commencing on the first Monday of April; and at Little Rock, in the district of Arkansas, on the fourth Monday of March; and that no process, recognizance, or bail bond, returnable to the next term of either of said courts, shall be avoided or impaired, or affected by this change, as to the commencement of said term ; but that all Procese, recogni. process, bail bonds, and recognizances returnable to the next turnable at next term of either of said courts, shall be returnable and returned to the court next held, according to this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly; and that all continuances in either of said courts shall be from the last term to the court appointed by this act, and the day herein appointed for the commencement of the next session thereof: Provided, That nothing herein contained Provise. shall prevent the judge of the northern district of New York from holding the courts at Utica, nor the judge of the western district of Pennsylvania from holding the courts at Williamsport, at the same time and with the same power and jurisdiction as heretofore.

SECTION 3. And be it further enacted, That so much of any so much of any act or acts of Congress as vests in the district courts of the act of acts as United States for the districts of Indiana, Illinois, Missouri, Ar- and jurisdiction kansas, the eastern district of Louisiana, the district of Missis- in certain di sippi, the northern district of New York, the western district of frictecoutement Virginia, and the western district of Pennsylvania, and the dis court to be tricts of Alabama, or either of them, the power and jurisdiction of circuit courts, be, and the same is hereby, repealed ; and there

said

term of
courts.

held, &c.

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western district

1837. shall hereafter be circuit courts held for said districts by the

chief or associate justices of the Supreme Court, assigned or allotted to the circuit to which such districts may respectively belong, and the district judges of such districts severally and respectively; either of whom shall constitute a quorum ; which circuit courts, and the judges thereof, shall have like powers and exercise like jurisdiction as other circuit courts and the judges thereof; and the said district courts, and the judges thereof, shall

have like powers and exercise like jurisdiction as the district courts, Judgments; &and the judges thereof, in the other circuits. Fromall judgments and trict courts for decrees, rendered in the district courts of the United States for of Louisiana. the western district of Louisiana, writs of error and appeals shall

lie to the circuit court in the other district in said State, in the same manner as from decrees and judgments rendered in the

districts within which a circuit court is provided by this act. Actions, suits, &c., (originally

SECTION 4. And be it further enacted, That all actions, suits, cognizable in a prosecutions, causes, pleas, process, and other proceedings, relanow pending in, tive to any cause, civil or criminal, (which might have been district courts." brought, and could have been, originally, cognizable in a circuit

court,) now pending in, or returnable to, the several district courts of Indiana, Illinois, Missouri

, Mississippi, Arkansas, Michigan, the eastern district of Louisiana, the districts of Alabama, the northern district of New York, the western district of Pennsylvania, and western district of Virginia, acting as circuit courts on the first day of April next, shall be, and are hereby declared to be, respectively transferred, returnable, and continued to, the several circuit courts constituted by this act, to be holden within the said districts respectively; and shall be heard, tried and de

termined therein, in the same manner as if originally brought,

be entered, prosecuted, or had, in such circuit courts. And the governed

they said circuit courts shall be governed by the same laws and as apply to the regulations as apply to the other circuit courts of the United

can't States; and the clerks of the said courts, respectively, shall perGoerke me porforın the same duties, and shall be entitled to receive the same

fees and emoluments, which are by law established for the clerks their chier jus: of the other circuit courts of the United States. The allotment

of their chief justice and the associate justices of the said Su

preme Court to the several circuits shall be made as heretofore. pealed.

Section 5. And be it further enacted, That all acts and provisions inconsistent with this act be, and the same are hereby, repealed.

Approved, March 3d, 1837.

Said courts

circuit
to

same lawy, &c.,

other courts;

ties, &c. Allotment of

tice, &c.

Acts, &c.,

re

CHAP. 25. An ACT 10 authorize the proper officers of the Treasury Depart

ment to credit the account of the Treasurer of the United States with the amount of unavailable funds standing to his debit on the books of the Treasury, to transfer the amount of the debit of banks and individuals indebted for the same, and to authorize the Secretary of the Treasury to compromise and settle said claims.

[Sec. 1.) Be it enacted by the Senate and House of Represen

tatives of the United States of America in Congress assembled, The account of That the proper accounting officers of the Treasury be, and they tho Trcasurer are hereby authorized to credit the account of the Treasurer of with the amount the United States, with the amount of the unavailable funds can donavailable whether charged to John Campbell, or his predecessors, and to

of au. 10

transfer the amount to the debit of the banks and individuals, _1837. respectively, that may be indebted for the same.

SECTION 2. And be it further enacted, That the Secretary Secretary of the Treasury be, and he is hereby, authorized to compromise thorized and finally settle the claims of the United States, of the above u. s. or the

above descrip description, against said banks and individuals who have proved uvos insolvent, or failed to make punctual payments, on such terms and conditions as he may deem most conducive to the interests of the United States, Provided : That this act shall not author. Proviso ize any compromise of the debt due from the Alleghany Bank of Pennsylvania.

Approved, March 3d, 1837.

CHAP. 36. An ACT to amend an act entitled “ An act for laying off the towns

of Fort Madison and Burlington, in the county of Des Moines, and the towns of Belleview, Du Buque, and Peru, in the county of Du Buque, and Mineral Point, in the county of lowa, Territory of Wisconsin, and for other purposes” approved July second, eighteen hundred and thirty-six.

[Sec. 1.) Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That all acts and duties required to be done and performed by Acts, &c. m. the Surveyor for the Territory of Wisconsin, under the act to one hy the sur which this is an amendment, shall be done by a board of com- veyor under the missioners of three in number, any two of whom shall be a quo- this is an am'de rum to do business ; said commissioners to be appointed by the a board of com. President of the United States, and shall, previous to their enter- medasippered by ing upon the discharge of their duties, take an oath or affirma- the Presiden, tion to perform the same faithfully and impartially: Provided, Proviso. That the action of the commissioners appointed tinder the present act shall not interfere with any of the acts performed by the Surveyor General, prior to the time of the passage hereof, in pursuance of instructions under the act to which this is amendatory.

Section 2. And be it further enacted, That the said com. The missioners shall have power to hear evidence and determine all claims to lots arising under the act to which this is an amend- mine ment; and for this purpose, the said commissioners are authorized to administer all oaths that may be necessary, and reduce to writing all the evidence in support of claims to pre-emption presented for their consideration; and when all the testimony shall have been heard and considered, the said commissioners shall file with the proper register and receiver for the district within which the towns are situated respectively, the testimony in each case, together with a certificate in favor of each person having the right of pre-emption under the provisions of the act of which this is amendatory; and upon making payment to the Upon payment proper receiver of public moneys for the lot or lots to which such being made to person is entitled, the receiver shall grant a receipt therefor, and ceiver for a lon the register issue certificates of purchase, to be transmitted to the receips, &c. Cominissioner of the General Land Office, as in other cases of the sale of public lands.

commis sioners to have power to deter.

claims to lots, &c.

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1837. SECTION 3. And be it further enacted, That the proper regisThe proper re- ter and receiver of public moneys, after the board of commissiongister and Thers have heard and determined all the cases of pre-emption under commissioners the act to which this is an amendment shall expose the residue ed all cases or of the lots to public sale to the highest bidder, after advertising pre-emption. shall expose re

the same in three public newspapers at least three months prior vidue of acts as to the day of sale, in the same manner as is provided for the sale the highest bid- of public lands in other cases; and after paying the commissionAfter paying the ers the compensation hereafter allowed them, and all other ex&c. the receiv penses incident to the said survey and sale, the receiver of the er shall pay land office shall pay over the residue of the money he may have to the trustees received from the sale of lots aforesaid, by pre-emption as well

as at public auction, into the hands of the trustees of the respective towns aforesaid, to be expended by them in the erection of public buildings, the construction of suitable wharves, and the improvement of the streets in the said town's of Fort Madison, Burlington, Belleview, Du Buque, Peru and Mineral Point.

SECTION 4. And be it further enacted, That the commissionpaid six dollars ers appointed to carry this act into effect, shall be paid by the re

ceiver of public moneys, of the proper land district, six dollars each, per day, for their services, for every day they are necessarily employed.

Approved, March 3d, 1837.

of the towns
aforesaid.

The commis.
mionery to be

per day.

CHAP. 37. An ACT to continue in force for a limited time the act entitled "Aa

uct to carry into effect a convention between the United States and Spain."

[Sec. 1.) Be it enacted, by the Senate and House of Repre

'sentatives of the United States of America in Congress assemThe provisions bled, That the provisions of the act, entitled " An act to carry of said act ex; into effect a convention between the United States and Spain," February, 1833. approved on the seventh day of June, one thousand eight hun

dred and thirty-six, be, and the same are hereby, extended until the first day of February, one thousand eight hundred and thirtyeight; and the commissioner appointed under the said act, shall, on or before the said day, terminate his duties.

Approved, March 3d, 1837.

CHAP. 38. An ACT for the more equitable administration of the Navy Pension

E'und.

(Sec. 1.) Be it enacted, by the Senate and House of Represen

tatives of the United States of America in Congress assembled, Hal-pay to wid. That if any officer, seaman or marine have died, or may here. ren of officers

, after die, in the naval service, leaving a widow, and, if no widow,

and a child or children, such widow, and if, no widow, such child eine from or children, shall be entitled to receive half the monthly pay to death of such which the deceased would have been entitled, under the acts officer, &c.

regulating the pay of the navy, in force on the first day of January, one thousand eight hundred and thirty-five, to commence

seamen, marines, commence from the

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