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1839.

kansas, be, and the same are hereby, confirmed, and patents shall issue to the purchaser. as in other cases, any law to the contrary notwithstanding. Approved, February 12th, 1839.

1

CHAP. 22. An ACT for the relief of William B. Ferguson and sureties. [Sec. 1.) Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, Phat the Postmaster General pay out of the post office Postmaster Go. fund for mail depredations and special agents, four hundred and of the post otica fifty dollars, the amount of a judgment and costs in the superior predation, Ideer court of law in Guilford county, North Carolina, obtained at $450, the amount the Spring term, eighteen hundred and thirty-eight, of said court, cusia by John A. Mebane, against William B. Ferguson, and for which

Ferguson, judgment and costs J. J. M. Lindsay and William Adams are sequence of his liable as bail of said Ferguson, who was special and confidential of her best citice agent for the Post Office Department, and in consequence of his acts as such, said judgment and costs were recovered against him.

Approved, February 13th, 1839.

recovered against W. B.

in con.

CHAP. 23. An Act for the relief of Dr. John Campbell White, of Baltimore, in the

State of Maryland. Whereas the said John Campbell White hath by his petition Preamble. set forth that, on the twelfth day of April, in the year of our Lord one thousand eight hundred and three, he did, in the district court of the United States in and for the district of Maryland, declare his intention to become a citizen of the United States, pursuant to the act of Congress in such case made and provided; and that afterwards, to wit: on the third day of April, in the year of our Lord one thousand eight hundred and four, he proved before the said court that he was residing within the limits and under the jurisdiction of the United States from the month of October, in the year of our Lord one thousand seven hundred and ninety-eight, and had continued to reside within the same to that time; and making the proof and declarations required by law, he was, by the judgment of the said court, admitted to become a citizen of the United States, pursuant to the act of Congress in such case made and provided; and that, by the misprision or mistake of the said clerk, the surname of the said petitioner is omitted in the record of the said naturalization, and the said record is made in the name of John Campbell, and that the said district court aforesaid have declined to order the record to be amended, because the application for that purpose came too late; and whereas, it is right and just that the misprision or mistake of the clerk in the entry of the said record should be corrected, in a case where no injustice can be done to any other person by such amendment; therefore,

(Sec. 1.] Be it enacted by the Senate and House of Representatives of the United Slates of America in Congress as

1839. sembled, That the district court of the United States in and for U. S. Court for the district of Maryland, be, and it is hereby, authorized to cause dise. of Maryland the record of the naturalization of John Campbell White, made cord of the natu- in the name of John Campbell, on the third day of April, in the Campbell White, year of our Lord one thousand eight hundred and four to be name of John annended according to the truth of the fact, notwithstanding the Carreplied. Sai pe lapse of time; and for that purpose to receive either written or

parole evidence to prove the identity of the said John Campbell the same effect White and John Campbell named in the said record, and record had been made. the same; and that the said record when so amended, shall have

the same force and effect as if no misprision or mistake had been made by the clerk of the said court in recording the name of the said John Campbell White.

Approved, February 13th, 1839.

record when cor. rected to have

suit.

CHAP. 24. An ACT to provide for the location and temporary support of the Sea

minole Indians removed from Florida. [Sec. 1.] Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress as$10,000 appro- sembled, That the President of the United States be, and hereby the president w is, authorized to provide a suitable location, west of the States provide a location,

of Missouri or Arkansas, for the Seminole Indians who have west of Missouri been or may be removed from Florida ; and to provide for their the Seminoles, support until they shall be removed to such location; and that, support until re. for these purposes, the sum of ten thousand dollars be, and the inoved.

same is hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated.

Approved, February 13th, 1839.

ablo

CHAP. 25. An ACT making appropriations for the payment of the revolutionary

and other pensioners of the United States, for the year eighteen hundred and thirtynine.

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

sentatives of the United States of America in Congress asAppropriations sembled, That the following sums be, and the same are hereby, for,

appropriated, in addition to former appropriations, to be paid out of any money in the Treasury not otherwise appropriated, for the pensioners of the United States, for the year one thousand

eight hundred and thirty-nine: Revolutionary For the revolutionary pensioners, under the several acts, other nelma other than than those of the fifteenth of May, one thousand eight hundred interese of May 15th and twenty-eight; the seventh of June, one thousand eight hun1832 and July dred and thirty-two; and the fourth of July, one thousand eight

hundred and thirty-six, three hundred and twenty-six thousand two hundred and fifty dollars :

For the invalid pensioners, under various laws, three hundred thousand six hundred and eighty-five dollars and sixty-three cents :

Invalid sioners.

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For pensions to widows and orphans under the act of the fourth 1839. of July, one thousand eight hundred and thirty-six, four hundred Pensions and ninety thousand and eighty-four dollars and fifty-two cents : phans under aci

For five years pensions to widows, per act seventh July, one July 4th, 1836. thousand eight hundred and thirty-eight, one million three hun-widows under acı dred and seventy-two thousand dollars :

July 7th, 1838 For half-pay pensions, payable through the office of the Third Hall-pay penAuditor, ten thousand dollars.

Approved, February 13th, 1839.

rioners payable through office 3rd Auditor.

The 2d section

from

CHAP. 26. An ACT to repeal the proviso to the second section of an act approved

the third of March, eighteen hundred and thirty-seven, which authorized the Secretary of the Treasury to compromise the claims of the United States against certain banks.

(Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso to the second section of “ An act to authorize the proper officers of the Treasury Department to assz. 3rd March credit the account of the Treasurer of the United States with the hibits the sec. amount of unavailable funds standing to his debit on the books compromising of the Treasury, to transfer the amount to the debit of banks and United individuals indebted for the same, and to authorize the Secretary nghany Bank or of the Treasury to compromise and settle said claims,” approved Pennsylvania re third of March, eighteen hundred and thirty-seven, which pro- Secor Treasury hibits the Secretary of the Treasury from compromising the compromise and claims of the United States against the Alleghany Bank of Penn-seule the same. sylvania, be, and the same is hereby repealed; and that the Secretary of the Treasury is hereby authorized to compromise and settle the claim of the United States against said bank.

Approved, February 16th, 1839.

Stales

of

all except

CHAP. 27. An ACT to amend “An act to reorganize the district courts of the United

States in the State of Mississippi," approved June eighteen, eighteen hundred and thirty-eight.

[Sec. 1.] Be it enacted by the Senate and House of Represen. The court o. tatives of the United States of America in Congress assembled, the Nis district That the court of the northern district of Mississippi, besides the shall have juris. ordinary jurisdiction of a district court, shall have jurisdiction of causes, all causes, except appeals and writs of error, cognizable by law Porror

, cognizas in a circuit court, and shall proceed therein in the same manner ble in a circuit as a circuit court.

Defendants reSec. 2. And be it further enacted, That defendants residing iricu shall not ha in said northern district shall not be sued in the circuit court held sued in circuit

court at Jackson, at Jackson, except in the cases and in the mode prescribed by except, dec. the fourth section of the act to which this is an amendment.

Appeals and Sec. 3. And be it further enacted, That all appeals and from sa il districi writs of error from from the decisions of the said district court, ercising circuit when exercising the powers of a circuit court, shall be directly shall be to su to the Supreme Court of the United States, in the same manner States.

wrils of

error,

preme court U.

The marshal for the several dis

1839. and under the same limitations and restrictio is that they are

now allowed by law from the circuit court.

Sec. 4. And be it further enacted, That the Marshal of the tricts of "Nisis several districts in the State of Mississippi, in addition to the sevesippi, in addition ral sale days now allowed by law, may be authorized to sell pronow allowed by perty at the court-house of each county on Monday of each to sell property week, and on the first and second days of each term of the dis

trict court; and that he may, at the written request of the defendant, change the sale of property to the place where the United States court for his district is holden: Provided, in the opinion of the Marshal, the interest of the plaintiff would not be compromitted thereby. Approved, February 16th, 1839.

on certain other days.

Provis).

8pocions.

CHAP. 28. An ACT making an appropriation for the support of the penitentiary in

the District of Columbia. (Sec. 1.] Be it enacted, by the Senate and House of Repre

sentatives of the United States of America in Congress asIn addition to sembled, That in addition to the unexpended balance of approthe unexpended priations of eighteen hundred and thirty-seven, now subject to priations or 1837, the order of the inspectors, there shall be, and hereby is, approthe order of the priated, for the support of the penitentiary for the District of Co40, s aprinoprix lumbia, for the year eighteen hundred and thirty-eight, and for e autode pend; the payment of claims not settled, as follows: For pay of offiby this act, under cers and agents; for repairs to buildings; for purchase of raw the board of in materials; for rations, clothing, beds, and bedding of prisoners;

for purchase of fuel; for purchase of hospital stores and medicines; for purchase of books and stationary; for purchase of horse food; for allowance to dicharged convicts; for pay of the inspectors for the years eighteen hundred and twenty-nine and eighteen hundred and thirty; for compensation to the secretary to the board of inspectors, from the date of his appointment, at two hundred dollars per annum, for keeping the books, records, and papers of the inspectors, as required by law; and for other contingent expenses of the institution, the sum of eight thousand six hundred and eighty-nine dollars, and forty cents; to be paid out of any money in the Treasury not otherwise appropriated, and to be expended under the direction of the board of inspectors.

Approved, February 16th, 1839.

CHAP. 29. An ACT for the relief of the securities of Elias T. Langham, late

surveyor of public lands for the States of Missouri and Illinois.

[Sec. 1.] Be it enacted, by the Senate and House of RepreLawful for R. sentatives of the United States of America in Congress as

and sembled, That it shall and may be lawful for Richard Graham others, securities and John O'Fallon and others, securities of Elias T. Langham, bem, to settle the late surveyor of public lands for the States of Missouri and Langham beture Illinois, to settle the accounts of the said Elias T. Langham becounting officers fore the proper accounting officers of the Treasury Department;

Graham und J.
O'Fallon

and the said officers shall be, and they hereby are, authorized to 1839. adjust with the securities of said Langhan the amount to be of the Treasury, paid on the surety bond according to equity and justice, and horized wo adjust upon such evidence as they may be able to produce which will with said securi satisfy such officers as to the credits which onght to be allowed ; to be paid on the and that in the mean time, without releasing said securities, the in the meanime, suit against them be suspended : Provided, They immediately i securities, 16 commence the settlement of said accounts, and continue the sei- suspend the suit tlement thereof, until the same may be completed, without any Proviso. unnecessary or unreasonable delay.

Approved, February 16th, 1839.

Any

person

a

be

CHAP. 30. An ACT to prohibit the giving or accepting, within the District of Co

lumbia, of a challenge to fight a duel, and for the punishment thereof. [Sec. 1. ] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress as-challenging ano sembled, That if any person shall, in the District of Columbia, there are manding challenge another to fight a duel, or shall send or deliver any challenge, or a. written or verbal message, purporting or intended to be such lenge, or know. challenge, or shall accept any such challenge or message, or delivering a chal. shall knowingly carry or deliver any such challenge or message, inely carrying or shall knowingly carry or deliver an acceptance of such chal-ar delivering ag lenge or message to fight a duel in or out of the said District, fikrinti

a challenge, to

duel, and such duel shall be fought in or out of the said District, and wherein either of either of the parties thereto shall be slain or mortally wounded slain or morally in such duel, the surviving party to such duel, and every person with all other carrying or delivering such challenge or message, or acceptance there in

aiding or abelling of such challenge or message as aforesaid, and all others aiding deemed guilty or or abetting therein, shall be deemed guilty of felony, and upon conviction, puconviction thereof, in any court competent to the trial thereof, in onment and con the said District, shall be punished by imprisonment and con- lubor, for not ex finement to hard labor in the penitentiary, for a term not exceeding ten years, in the discretion of the court.

Sec. 2. And be it further enacted, That if any person shall Any give or send, or cause to be given or sent, to any person in fine caused the District of Columbia, any challenge to fight a duel, or to challenger en be engage in single combat with any deadly or dangerous instru-accepting a chal. ment or weapon whatever, or if any person in said District shall the nearer of accept any challenge to fight a duel, or to engage in single com- all others' aiding bat with any deadly or dangerous instrument or weapon what-in shall be deemever, or shall be the bearer of any such challenge, every person ed guilty ofa high so giving or sending, or causing to be given or sent, or accepting meanor, and a such challenge or being the bearer thereof, and every person nished by impriaiding or abetting in the giving, sending, or accepting such chal- finement de banda lenge, shall be deemed guilty of a high crime and misdemeanor, labor, for not exand on conviction thereof in any court competent to try the same in the said District, shall be punished by imprisonment and confinement to hard labor in the penitentiary, for a term not exceeding five years, in the discretion of the court.

ten

ceeding
years.

person,

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