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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.

1839.

neral to pay out

predations, &c.,

of a judgment and

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, That the Postmaster General pay out of the post office Postmaster Gefund for mail depredations and special agents, four hundred and of the post office fifty dollars, the amount of a judgment and costs in the superior fund for mail de court of law in Guilford county, North Carolina, obtained at 8450, the amount the Spring term, eighteen hundred and thirty-eight, of said court, costs recovered by John A. Mebane, against William B. Ferguson, and for which Ferguson, in conjudgment and costs J. J. M. Lindsay and William Adams are an agent liable as bail of said Ferguson, who was special and confidential of the post office 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.

against W. B.

sequence of his

department.

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 States of America in Congress as

to cause the re

ralization ofJohn

made in the

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 dist. 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 ainended according to the truth of the fact, notwithstanding the Campbell, to be lapse of time; and for that purpose to receive either written or record when cor- 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.

rected to have

as if no mistake

Approved, February 13th, 1839.

priated to enable

able location,

CHAP. 24. An ACT to provide for the location and temporary support of the Seminole 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 to is, authorized to provide a suitable location, west of the States provide a suit- 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.

and Arkansas, for

and also for their

Approved, February 13th, 1839.

for,

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 thirty

nine.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress usAppropriations sembled, That the following sums be, and the same are hereby, 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 pensioners under

1828, June 7th

For the revolutionary pensioners, under the several acts, other acts other than than those of the fifteenth of May, one thousand eight hundred those 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:

4th 1836.

Invalid pen

sioners.

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

cents:

to

widows and or

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 act 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 act dred and seventy-two thousand dollars:

For half-pay pensions, payable through the office of the Third Auditor, ten thousand dollars.

Approved, February 13th, 1839.

Pensions to

July 7th, 1838.

Half-pay pen

sioners payable through office 3rd Auditor.

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.

the claims of the

against the Al

[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 The 2d section authorize the proper officers of the Treasury Department to act 3rd March 1837, which procredit the account of the Treasurer of the United States with the hibits the Sec. Treasury from 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 States individuals indebted for the same, and to authorize the Secretary teghany Bank of of the Treasury to compromise and settle said claims," approved Pennsylvania repealed, and the third of March, eighteen hundred and thirty-seven, which pro- Sec. Treasury hibits the Secretary of the Treasury from compromising the compromise and claims of the United States against the Alleghany Bank of Pennsylvania, 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.

authorized to

settle the same.

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.

diction of all

[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 N. district of Mississippi, 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 appeals & writs in a circuit court, and shall proceed therein in the same manner as a circuit court.

except

error, cognizable in a circuit court, &c.

Defendants re

court at Jackson,

Appeals and writs of error,

SEC. 2. And be it further enacted, That defendants residing trict shall not be in said northern district shall not be sued in the circuit court held sued in circuit at Jackson, except in the cases and in the mode prescribed by except, &c. the fourth section of the act to which this is an amendment. SEC. 3. And be it further enacted, That all appeals and from said district 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

court, when ex

court powers

preme court U.

manner States.

1839.

The marshal for the several dis

to the sale days

law, authorized

on certain other

and under the same limitations and restrictions 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 Missis 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 district 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.

days.

Proviso.

balance of appro

now subject to

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 as

In addition to sembled, That in addition to the unexpended balance of approthe unexpended priations of eighteen hundred and thirty-seven, now subject to priations of 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, is appropria: lumbia, for the year eighteen hundred and thirty-eight, and for tel, to be expend 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;

inspectors, $8689,

ed, as designated,

the direction of

spectors.

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 inspecApproved, February 16th, 1839.

tors.

Graham and J.

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 asO'Fallon 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, ham, to settle the late surveyor of public lands for the States of Missouri and Langham before Illinois, to settle the accounts of the said Elias T. Langham bethe proper counting officers fore the proper accounting officers of the Treasury Department;

of E. T. Lang

accounts of said

ac

thorized to adjust

ties the amount

and the said officers shall be, and they hereby are, authorized to 1839. adjust with the securities of said Langham the amount to be of the Treasury, paid on the surety bond according to equity and justice, and said, officers auupon such evidence as they may be able to produce which will with said securisatisfy such officers as to the credits which ought to be allowed; to be paid on the and that in the mean time, without releasing said securities, the in the meantime, suit against them be suspended: Provided, They immediately said securities, to without releasing commence the settlement of said accounts, and continue the set- suspend the suit tlement thereof, until the same may be completed, without Proviso. unnecessary or unreasonable delay.

any

Approved, February 16th, 1839.

Surety bond, and

against them.

3

Any person

ther, or sending

challenge, or ae

ingly carrying or

lenge, or know

acceptance of

CHAP. 30. An ACT to prohibit the giving or accepting, within the District of Columbia, 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 anosembled, That if any person shall, in the District of Columbia, or delivering a challenge another to fight a duel, or shall send or deliver any cepting a chalwritten or verbal message, purporting or intended to be such lenge, or knowchallenge, 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- or delivering an lenge or message to fight a duel in or out of the said District, a challenge, to 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 mortally wounded, shall, in such duel, the surviving party to such duel, and every person with all others carrying or delivering such challenge or message, or acceptance aiding or abetting of such challenge or message as aforesaid, and all others aiding deemed guilty of felony, and upon or abetting therein, shall be deemed guilty of felony, and upon conviction, punished by imprisconviction thereof, in any court competent to the trial thereof, in onment and conthe said District, shall be punished by imprisonment and con- labor, for not exfinement to hard labor in the penitentiary, for a term not ex- ceeding ten ceeding ten years, in the discretion of the court.

fight a duel,

the parties are

therein,

finement to hard

years.

giving or send

lenge, or being

challenge, and

in,shall be deem

crime and misde

SEC. 2. And be it further enacted, That if any person shall Any person, give or send, or cause to be given or sent, to any person in ing, or causing a the District of Columbia, any challenge to fight a duel, or to challenge to be engage in single combat with any deadly or dangerous instru- accepting a chalment or weapon whatever, or if any person in said District shall the bearer of a 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- or betting thereever, or shall be the bearer of any such challenge, every person ed guilty of a high so giving or sending, or causing to be given or sent, or accepting meanor, and on such challenge or being the bearer thereof, and every person nished by impriaiding or abetting in the giving, sending, or accepting such chal-nement to hard lenge, shall be deemed guilty of a high crime and misdemeanor, lang 5 years. and 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.

conviction, pu.

con.

labor, for not ex

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