west, including the island of Mackinac, be attached to and form a part of the Detroit district, in said State.

SEC. 2. And be it further enacted, That this act take effect from and after the first day of July next.

Approved, May 11, 1858.

No. 326.-An Act to amend the act entitled "An act to ascertain and settle the private land claims in the State of California," passed March third, eighteen hundred and fifty-one.*

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in cases pending in the district courts of the United States in California, on appeal from the decree of the commissioners to ascertain and settle the private land claims in the State of California, under the act of Congress passed March third, eighteen hundred and fifty-one, if either party shall desire to examine any witness residing in any other district within said State, or shall require the production of any paper, written instrument, book, or document, supposed to be in the possession or power of a witness residing in another district, the court wherein the case is pending, or any judge thereof, being satisfied, by affidavit or otherwise, of the materiality of such witness, or of the production of such paper, written instrument, book, or document, as evidence of the case, may order the clerk of said court to issue a subpoena, or a subpœna duces tecum for such witness and for such paper, written instrument, book, or document; which subpoena or subpoena duces tecum shall run into any other district in said State, and be served by the marshal of either district, as the court or judge may direct: And the court or judge ordering said writ shall have power to enforce obedience to said process, and punish disobedience by attachment, and in like manner as if said witness resided within the district where the cause may be pending; and all attachments and process necessary to enforce obedience or punish disobedience to the aforesaid writs of subpoena and subpoena duces tecum may be served and executed by the marshal of either district, as the court or judge may direct : Provided, That a witness attending the court under a subpoena issued under the provisions of this act, in a district in which he does not reside, shall be entitled to the same fees for attendance as are allowed by the laws of the State of California to witnesses in similar cases. Approved, May 11, 1858.

No. 327.-An Act for the relief of the Hungarian settlers upon certain tracts of land in Iowa, hitherto reserved from sale by order of the President, dated January twenty-two, eighteen hundred and fifty-five.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of pre-emption be, and the same hereby is, extended to all Hungarian settlers on that body of land reserved from sale or location by order of the President of the

* See No. 189.

United States, dated January twenty-second, eighteen hundred and fiftyfive, said lands being known and described as follows: northeast quarter of northwest quarter of section ten, township sixty-seven, range twenty-six ; east half of southeast quarter of section eleven, township sixty-seven, range twenty-six; east half of northeast quarter of section fourteen, township sixty-seven, range twenty-six; southwest quarter of southeast quarter of section fourteen, township sixty-seven, range twenty-six; east half of northeast quarter of section twenty-two, township sixty-seven, range twenty-six; southeast quarter of northeast quarter of section twenty-three, township sixty-seven, range twenty-six; west half of northeast quarter of section twenty-three, township sixty-seven, range twenty-six; west half of northwest quarter of section twenty-three, township sixty-seven, range twentysix; north half of northeast quarter of section five, township sixty-eight, range twenty-six; east half of northwest quarter of section five, township sixty-eight, range twenty-six; east half of northeast quarter of section six, township sixty-nine, range twenty-six ; northeast quarter of northwest quarter of section six, township sixty-nine, range twenty-six ; southwest quarter of northwest quarter of section six, township sixty-nine, range twenty-six ; southeast quarter of section six, township sixty-nine, range twenty-six; west half of southwest quarter of section six, township sixty-nine, range twenty-six; northeast quarter of section seven, township sixty-nine, range twenty-six; northwest quarter of section seven, township sixty-nine, range twenty-six; southwest quarter of southeast quarter of section thirty-two, township sixty-nine, range twenty-six; northeast quarter of section one, township sixty-eight, range twenty-seven; north west quarter of section one, township sixty-eight, range twenty-seven; northeast quarter of section two, township sixty-eight, range twenty-seven; northwest quarter of northeast quarter of section one, township sixty-nine, range twenty-seven; northeast quarter of southeast quarter of section one, township sixty-nine, range twenty-seven; southeast quarter of southeast quarter of section one, township sixty-nine, range twenty-seven; northeast quarter of northeast quarter of section twelve, township sixty-nine, range twenty-seven; northeast quarter of northeast quarter of section thirty-six, township seventy, range twentyseven; west half of northeast quarter of section thirty-six, township seventy, range twenty-seven; northwest quarter of section thirty-six, township seventy, range twenty-seven; west half of southeast quarter of section thirty-six, township seventy, range twenty-seven; north half of southwest quarter of section thirty-six, township seventy, range twenty-seven.

SEC. 2. And be it further enacted, That all such Hungarians entitled to the right of pre-emption to the above-described lands by this act, who may have gone on to said lands prior to January twenty-second, eighteen hundred and fifty-five, or since that time, and have continued to inhabit and improve the same, shall hold their claims, not exceeding one hundred and sixty acres to each pre-emptor, against any other subsequent claimants. whatever: Provided further, That said claimants under settlement and cultivation made prior to January twenty-second, eighteen hundred and fifty-five, or prior to the passage of this act, shall make known their claims in writing to the Register at Chariton within three months from the date of publication in said district, of notice to said claimants, of the privileges granted hereby, to be given by the Commissioner of the General LandOffice; and in all cases proof and payment must be made at the land-office aforesaid, within twelve months from the date of publication of notice aforesaid.

Approved, May 11, 1858.

19

No. 328.-An Act to provide for the collection and safe-keeping of public archives in the State of California.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be the duty of the Secretary of the Interior to cause to be collected and deposited in the Surveyor General's office in California, all official books, papers, instruments of writing, documents, archives, official seals, stamps, or dies, that may be found in the unauthorized possession of any individual, relating to and used in the administration of government and public affairs in the department of Upper California, and which belonged to the government during the existence of Spanish or Mexican authority in Upper California; and the same, when deposited in his office, shall be safely and securely kept by the Surveyor-General in the archives of his office; and copies thereof, authenticated by the Surveyor-General under the seal of his office, shall be evidence in all cases where the originals would be evidence; Provided, That at the time of depositing said books, papers, writings, and documents in said archives, a schedule and accurate description thereof shall be made. by the Surveyor-General, with a statement of the time and place where the same were found, and when they were deposited in the archives, which shall be certified under the seal of the Surveyor-General, and filed in his office; and a certified copy of said schedule shall be transmitted to the Commissioner of the General Land-Office, and also to the Attorney-General.

SEC 2. And be it further enacted, That if the Surveyor-General shall have cause to suspect a concealment of any such official books, papers, writings, documents, archives, or official seals, stamps, or dies aforesaid, in any particular dwelling-house, building, or place, any judge or commissioner of the United States may, on affidavit showing the facts and circumstances, upon which such suspicions are founded, grant to the SurveyorGeneral, or to any marshal of the United States, a warrant to enter such house, building, or place, and there to search for such official books, papers, writings, documents, archives, seals, stamps, or dies, and to take possession thereof and deposite them in the archives of the Surveyor-General's office as aforesaid.

SEC. 3. And be it further enacted, That if any person shall without lawful authority, wilfully take from the archives of the said Surveyor-General's office any espediente, map, diseño, book, paper, writing, record, document, seal, stamp, or die; or shall wilfully alter, deface, mutilate, injure, or destroy any espediente, book, paper, map, diseño, instrument of writing, document, record, seal, stamp or die, deposited in said archives; or shall conceal or unlawfully withhold from the possession of the Surveyor-General, or on demand refuse to deliver to him any espediente, map, diseño, official book, paper, writing, document, archive, record, seal, stamp or die, relating to or used in the administration of government in the department of Upper California, and belonging to the government during the existence of Spanish or Mexican authority in said department; or shall wilfully alter, deface, mutilate, make away with or destroy any such official book, espediente, map, diseño, paper, writing, document, archive, record, seal, stamp or die, the person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof in any court of competent jurisdiction, shall forfeit and pay a fine, not exceeding ten thousand dollars, at the discretion of the court, and be imprisoned for a term not exceeding ten years, at the like discretion.

SEC. 4. And be it further enacted, That if any person shall wilfully,

secretly, and fraudulently place or cause to be placed in or among the archives of the Surveyor-General's office, any espediente, book, paper, diseño, map, draught, record, or any instrument of writing purporting to be a petition, decree, order, report, concession, grant, confirmation, map, diseño, espediente, or part of an espediente, denouncement, title-paper, or evidence of right, title, or claim to any land, mine, or mineral, or any book, writing, paper, or document whatever, the person so offending shall be deemed and adjudged guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall forfeit and pay a fine. not exceeding five thousand dollars, and be imprisoned for a term not exceeding three years; or be both fined and imprisoned within said limits, at the discretion of the court.

Approved, May 18, 1858.

No. 329.-An Act for the prevention and punishment of frauds in land titles in California.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited; or willingly aid and assist in the false making, altering, forging, or counterfeiting any petition, certificate, order, report, decree, concession, denouncement, deed, patent, confirmation, diseño, map, espediente, or part of an espediente, or any title-paper, or evidence of right, title, or claim to lands, mines, or minerals in California, or any instrument of writing whatever in relation to lands or mines or minerals in the State of California; for the purpose of setting up or establishing against the United States any claim, right, or title to lands, mines, or minerals within the State of California, or for the purpose of enabling any person to set up or establish any such claim; or if any person, for the purposes aforesaid, or either of them, shall utter or publish as true and genuine, any such false, forged, altered, or counterfeited petition, certificate, order, report, decree, concession, denouncement, deed, patent, confirmation, diseño, map, espediente or part of an espediente, title, paper, evidence of right, title, or claim to lands or mines or minerals in the State of California, or any instrument of writing whatever in relation to lands, or mines or minerals in the State of California, the person so offending shall be deemed and adjudged guilty of a misdeameanor: and, being thereof duly convicted, shall be sentenced to be imprisoned and kept at hard labor for a period not less than three years, and not more than ten years, and shall be fined not exceeding ten thousand dollars.

SEC. 2. And be it further enacted, That if any person shall make, or cause or procure to be made, or shall willingly aid and assist in making any falsely dated petition, certificate, order, report, decree, concession, denouncement, deed, patent, confirmation, diseño, map, espediente or part of an espediente, or any title-paper, or written evidence of right, title, or claim, under Mexican authority, to any lands, mines or minerals in the State of California, or any instrument of writing in relation to lands or mines or minerals in the State of California, having a false date, or falsely purporting to be made by any Mexican officer or authority prior to the seventh day of July, A. D. eighteen hundred and forty-six, for the purpose of setting up or establishing any claim against the United States to lands,

or mines or minerals within the State of California, or of enabling any person to set up or establish any such claim; or if any person shall sign his name as governor, secretary, or other public officer acting under Mexican authority, to any instrument of writing falsely purporting to be a grant, concession, or denouncement under Mexican authority, and during its existence in California, of lands, mines, or minerals, or falsely purporting to be an informe, report, record, confirmation, or other proceeding on an application for a grant, concession, or denouncement under Mexican authority, during its existence in California, of lands, mines or minerals, the person so offending shall be deemed and adjudged guilty of a misdemeanor; and, being thereof duly convicted, shall be sentenced to be imprisoned and kept at hard labor for a period not less than three years, nor more than ten years, and shall be fined not exceeding ten thousand dollars, SEC. 3. And be it further enacted, That if any person, for the purpose of setting up or establishing any claim against the United States to lands, mines, or minerals within the State of California, shall present, or cause or procure to be presented, before any court, judge, commission, or commissioner, or other officer of the United States, any false, forged, altered, or counterfeited petition, certificate, order, report, decree, concession, denouncement, deed, patent, diseño, map, espediente or part of an espediente, title-paper, or written evidence of right, title, or claim to lands, minerals or mines in the State of California, knowing the same to be false, forged, altered, or counterfeited, or any falsely dated petition, certificate, order, report, decree, concession, denouncement, deed, patent, confirmation, diseño, map, espediente or part of an espediente, title-paper, or written evidence of right, title, or claim to lands, mines, or minerals in California, knowing the same to be falsely dated; or if any person shall prosecute in any court of the United States, by appeal or otherwise, any claim against the United States for lands, mines, or minerals in California, or shall, after the passage of this act, continue to prosecute any claim now pending in said courts against the United States for lands, mines or minerals in California, which claim is founded upon, or evidenced by, any petition, certificate, order, report, decree, concession, denouncement, deed, patent, confirmation, diseño, map, espediente or part of an espediente, title-paper, or written evidence of right, title, or claim, which has been forged, altered, counterfeited, or falsely dated, knowing the same to be forged, altered, or counterfeited, or falsely dated, the person so offending shall be deemed and adjudged guilty of a misdemeanor; and, on conviction thereof, shall be sentenced to be imprisoned and kept at hard labor for a period not less than three years, nor more than ten years, and shall be fined not exceeding ten thousand dollars.

Approved, May 18, 1358.

No. 330.-An Act to amend an act entitled "An act to authorize the President of the United States to cause to be surveyed the tract of land, in the Territory of Minnesota, belonging to the half-breeds or mixed bloods of the Dacotah or Sioux nation of Indians, and for other purposes," approved seventeenth July, eighteen hundred and fifty-four.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act approved seven