-t been taken or any individual, interest in the ch way as said such surrender five years from

truction of Miliritory. House of Repre- | erica in Congress s of money be, priated for the he Territory of tion of a road , to Fort Wallaand for the con

Laws of the United States.

[Feb.

low any ministers of the gospel, not more than three in number, and any of his or her near relatives, to be present thereat; but no person or persons other than those in this act mentioned, and no person whatever, under the age of twenty-one

four.

For invalid pensions, twenty-five thousand dol

lars.

APPROVED, January 20, 1853.

PUBLIC, XII.-An Act to amend an act entitled" An act for the discontinuance of the Office of Surveyor General in the several Districts so soon as the surveys therein can be completed, for abolishing Land Offices under certain circumstances, and for other purposes."

cution.

APPROVED, January 25, 1853.

in

Camp Stuart, in and dollars; the - the direction of contracts to be

priations for the ons of the United ieth of June, one four.

House of Repreerica in Congress ms be, and the at of any money opriated, for the ding the thirtieth ed and fifty-four: rious acts, four

ars.

hans under the and eight hunwenty-first, one 7-eight, twenty

le act of seventh und thirty-eight,

he act of third red and forty

the acts of the I eight hundred , one thousand twenty-ninth of and forty-eight, Isand dollars. 's and orphans n of an act apone thousand e first and seche sixteenth of and sixteen, in , ten thousand

PUBLIC, XIII.-An Act to erect at the Capital of the Nation an Equestrian Statue of Washington. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of fifty thousand dollars is hereby appropriated to enable the President of the United States to employ Clark Mills to erect, at the city of Washington, a colossal equestrian statue of George Washington, at such place on the public grounds in said city as shall be designated to the State of by the President of the United States. APPROVED, January 25, 1853.

PUBLIC, XIV.-An Act to prohibit Public Executions

in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That persons now under sentence of death, or who shall hereafter be adjudged to suffer death, within the District of Columbia, shall be executed within the walls of some prison in the said District, or within a yard or enclosure adjoining such prison, and not elsewhere; and it shall be the duty of the Marshal of the District, or one of his deputies, with such officers of the prison, constables, and other peace officers as such marshal or deputy may deem necessary and proper,

to attend at such executions.

SEC. 2. And be it further enacted, That the said marshal, or his deputy, shall invite the District Attorney and the counsel of the prisoner, two or more physicians, and twelve respectable citizens, to be present at every such execution; and, at the [ouse of Repre- request of the person to be executed, shall also al

PUBLIC, XV.-An Act to extend the provisions of an act approved the third of March, eighteen hundred and forty-seven, and the act approved the twentysixth of February, eighteen hundred and forty nine, for carrying into effect the existing Compacts with the States of Alabama and Mississippi, in relation to the five per cent. fund and school reservations. Be it enacted by the Senate and House of Repreassembled, That the provisions of "An act to amend an act entitled An act to amend an act to carry sippi, the existing compacts with those States with regard to the five per cent. fund and school reservations,' approved March the third, one thousand eight hundred and forty-seven, and the act to extend the provisions of said act, approved February twenty-sixth, eighteen hundred and forty-nine, be, and the same are hereby, extended, so as to allow the State of Alabama three years from the passage of this act to complete the selections of land authorized by the said acts to which this is an amendment.

APPROVED, January 25, 1853.

PUBLIC, XVI.-An Act concerning Bail in Civil Causes in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, no person shall be held to bail in the District of Columbia in any action of debt, assumpsit, or other action founded on or arising out proceeding in equity brought or prosecuted for of any contract or agreement, or in any suit or enforcing the payment of any debt, or of any sum or sums of money due or claimed to be due by reason of any contract or agreement; and any person now held to bail or imprisoned for want of bail in any such action, suit, or proceeding, shall, on application to the Circuit Court of said District in term time, or to any judge thereof in vacation, be discharged on filing a common appearance. APPROVED, February 3, 1853.

PUBLIC, XVII.-An Act to continue Half Pay to certain Widows and Orphans.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all widows and orphans who were granted and allowed five years' half pay by the provisions of the act approved the twenty-first day of July, one thousand eight hundred and fortyeight, entitled "An act amending the act granting half pay to widows or orphans where their husbands or fathers have died of wounds received in the military service of the United States, in case of deceased officers and soldiers of the militia and volunteers, passed July fourth, one thousand eight hundred and thirty-six," or an act approved the twenty-second day of February, one thousand eight hundred and forty-nine, entitled "An act granting five years' half pay to certain widows and orphans of officers, non-commissioned officers, musicians, and privates, both regulars and volunteers," be and they are hereby granted a continuance of said half pay, under like limitations and restrictions, for a further period of five years, to commence at the expiration of the half pay provided for by the aforesaid acts: Provided, however, That in case of the death or marriage of such widow before the expiration of said term of five years, the half pay for the remainder of the term shall go to the child or children of the deceased officer or soldier, whilst under the age of sixteen years; and in like manner, the child or children of such deceased, when there is no widow, shall be paid no longer than while there is a child or children under the age aforesaid: And provided further, That no greater sum shall be allowed in any case to the widow or the child or children of any officer than the half pay of a lieutenant colonel: And

32D CONG.

provided further, second of Febru nine, " 'granting widows and orph officers, musicia volunteer," be i embrace the wid

cers, non-comm privates of the r the war of eigh the various Indi and ninety.

SEC. 2. And b ows of all offic musicians, and p who were marri Domini eighteer pension in the married before t APPROVED, F

PUBLIC, XVIII
Brigadier-Ger
to settle his A
Be it enacted
alives of the U
assembled, That
the third of Mɛ
nine, entitled “
of the accounts
may have receiv
contributions of
they are hereby
eral Bennett Ri
raised and coll
penalties, intern
objects in Califc
the late war wit
November, eigh:
the said Riley sha
the Treasury o
purposes, any b
his hands, upon
vouchers, and o
levying and col
shall be filed w
tlement by the
SEC. 2. Aná
the accounts
counting office
hereby, author
any sum or su
him for defra
of California,
and also the s
him for the re

to California,
only on the pr
form as may b
Treasury of th
of the Treasu
credit the said
pended by him
ment of Califor
of peace with A
the State gover
appear to have
authorized by
rided, That bef
tioned expend
the President c
SEC. 3. And
pensation for c
ing the said m
lowed and cre
half per cent.
lected by him
further compe
SEC. 4. An
retary of the"
ed to cause pr
pense of the U
pending, or the
the said Riley
ed by him in
applicable.
APPROVED

PUBLIC, XIX

and makin

sas and

M
Railroad f

2D SESS.

at the act approved the twenty- eighteen hundred and fortyve years' half pay to certain - of officers, non-commissioned and privates, both regular and xtended and construed as to s and minor heirs of the offioned officers, musicians, and Hars, militia, and volunteers of a hundred and twelve, and of wars since seventeen hundred further enacted, That the wid, non-commissioned officers, ates of the revolutionary army, subsequent to January, Anno undred, shall be entitled to a me manner as those who were date.

Mary 3, 1853.

An Act for the Relief of Brevet Bennett Riley, and to enable him

nts with the United States.

e Senate and House of Represent1 States of America in Congress e provisions of the act approved , eighteen hundred and fortyact to provide for the settlement public officers, and others who moneys arising from military therwise in Mexico," be, and pplied to Brevet Brigadier-Geny, in reference to all moneys Led by him, for contributions, assessments, duties, or other ia, from the commencement of Mexico, to the twelfth day of en hundred and forty-nine; and account for, settle, and pay into the United States, for general ance of moneys shown to be in ich settlement; and all papers, er documents connected with the ting of any money as aforesaid,

the accounts rendered for setd Riley.

it further enacted, That in settling aid Riley as aforesaid, the acf the Treasury be, and they are I and required to credit him with of money paid or advanced by the expenses of the Convention ed to frame a State constitution, or sums of money advanced by of destitute overland emigrants such credits shall be allowed tion of proper vouchers, in such proved by the Secretary of the nited States; and the said officers hall in said settlement further ey, with all sums of money exthe support of the actual governafter the ratification of the treaty ico, and before the formation of ent, and which expenses may n proper and necessary, but not law of the United States: Pro

crediting him the said last-menes, they shall be approved by he United States.

it further enacted, That as a cometing, safe-keeping, and disbursys, the said Riley shall be alI on such settlement, one and a 1 the moneys so raised and colhe shall be allowed no other or

ion therefor.

it further enacted, That the Secsury be, and he is hereby, directdefense to be made, at the ex1 States, to any suit or suits now reafter may be instituted against any moneys raised and collectfornia, and to which this act is ruary 5, 1853.

n Act granting the right of way ant of land to the States of Arkani, to aid in the construction of a

paint on the Mississinni.

Laws of the United States.

the mouth of the Ohio River, via Little Rock, to the Texas Boundary near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi River. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way through the public lands be, and the same is hereby, granted to the States of Arkansas and Missouri, for the construction of a railroad from a point on the Mississippi river, opposite the mouth of the Ohio, in the State of Missouri, via Little Rock, to the Texas boundary line near Fulton, in Arkansas, with branches from Little Rock, in Arkansas, to the Mississippi river and to Fort Smith, in said State, with the right to take necessary materials of earth, stone, timber, &c., for the construction thereof: Provided, That the right of way shall not exceed one hundred feet on each side of the length thereof, and a copy of the survey of said road, made under the direction of the Legislatures of the said States, shall be forwarded to the proper local land offices, respectively, and to the General Land Office at Washington city, within ninety days after the completion of the same.

further sales shall be made, and the land unsold shall revert to the United States.

SEC. 6. And be it further enacted, That the United States mails shall at all times be transported on the said road and branches, under the direction of the Post Office Department, at such price as Congress may by law direct.

APPROVED, February 9, 1853.

PUBLIC, XX.-An Act to make the Salary of the Judge of the Criminal Court of the District of Columbia equal to that of an Assistant Judge of the Circuit Court of said District.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the salary of the Judge of the Criminal Court of the District of Columbia be, and the same is hereby, made equal to that of an Assistant Judge of the Circuit Court of said District, as now established by law.

APPROVED, February 11, 1853.

PUBLIC, XXI.-An Act for the relief of the town of Belleview and the cities of Burlington and Dubuque, in the State of Iowa.

Be it enacted by the Senate and House of Repre

section of land designated by even numbers, for six sections in width on each side of said road and branches; but in case it shall appear that the United States have, when the line or route of said road is definitely fixed by the authority aforesaid, sold any part of any section hereby granted, or that the right of preemption has attached to the same, then it shall be lawful for any agent or agents, to be appointed by the Governor of said State, to select, subject to the approval aforesaid, from the lands of the United States most contiguous to the tier of sections above specified, so much land in alternate sections or parts of sections as shall be equal to such lands as the United States have sold, or to which the right of preemption has attached as aforesaid, which lands, being equal in quantity to one half of six sections in width on each side of said road, the States of Arkansas and Missouri shall have and hold to and for the use and purpose aforesaid: Provided, That the lands to be located shall in no case be further than fifteen miles from the line of the road: And provided further, That the lands hereby granted shall be applied in the construction of said road, and shall be disposed of only as the work progresses, and shall be applied to no other purpose whatsoever: And provided further, That any and all lands reserved to the United States by any act of Congress, for the purpose of aiding in any object of internal improvement, or in any manner for any purpose whatsoever, be and the same are hereby reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of the said railroad and branches through such reserved lands.

assembled, That there shall be, and hereby is, granted to the town of Belleview, in Iowa, the land bordering on the Mississippi river, in front of said town, reserved by the act of second July, eighteen hundred and thirty-six, for a public highway, and for other public uses; together with the accretions which may have formed thereto, or in front thereof; to be disposed of in such manner as the corporate authorities of sard town may direct. The grant made by this act shall operate as a relinquishment only of the right of the United States in and to said premises, and shall in no manner affect the rights of third persons therein, or to the use thereof, but shall be subject to the same; and on application by a duly authorized agent of the corporate authorities of said town to the Commissioner of the General Land Office, a patent of relinquishment, in accordance with the provisions of this act, shall be issued therefor, as in other cases.

SEC. 2. And be it further enacted, That there shall be, and hereby is, granted to the cities of Burlington and Dubuque, in Iowa, the land bordering on the Mississippi river, in front of said cities, reserved by the act of second July, eighteen hundred and thirty-six, for a public highway, and for which may have formed thereto, or in front thereother public uses; together with the accretions of; to be disposed of in such manner as the corporate authorities of said cities may direct.

SEC. 4. And be it further enacted, That the said lands hereby granted to the said States shall be subject to the disposal of the Legislatures thereof, for the purposes aforesaid and no other; and the said railway and branches shall be and remain a public highway for the use of the Government of the United States, free from toll or other charge upon the transportation of any property or troops of the United States.

SEC. 5. And be it further enacted, That the lands hereby granted to said States shall be disposed of by said States only in the manner following; that is to say that a quantity of land not exceeding one hundred and twenty sections, and included within a continuous length of twenty miles of said road may be sold; and when the Governors of said State or States shall certify to the Secretary of the Interior that twenty continuous miles of said road is completed, then another like quantity of land hereby granted may be sold; and so from time to time until said road is completed; and if

ssid wood is not completed within ten

parcel of land in the city of Dubuque heretofore SEC. 4. And be it further enacted, That the lot or set apart and used by the authorities of said city as a cemetery or burying ground, under the act of Congress of the second July, eighteen hundred and thirty-six, entitled "An act for the laying off the towns of Fort Madison and Burlington, in the county of Des Moines, and the towns of Belleview, Dubuque, and Peru, in the county of Dubuque, and the act of the third of March, eighteen hunTerritory of Wisconsin, and for other purposes,' dred and thirty-seven, amendatory thereof, be and the same hereby is granted to the Common Council of the said city of Dubuque to make such disposition of the said land included in said cemetery or burying-ground as that Common Council may deem proper.

APPROVED, February 14, 1853.

PUBLIC, XXII.-An Act granting the Right of Way to the St. Louis and Iron Mountain Railroad Company, and for other purposes.

Be it enacted by the Senate and House of Repre

2D SESS.

and one tenth, of the weight further enacted, That the silver Formity with the above section, rs in payment of debts for all five dollars.

further enacted, That in order or the requisite coinage of the dollar authorized by this act, mint shall, with the approval hase such bullion with the bulnt. He shall charge himself g from the coinage of such bulnominal value exceeding the eof, and shall be credited with en such intrinsic value and the ullion, and with the expense of oins as hereinafter provided. s credit, or the profit of said -om time to time, on a warrant me mint, transferred to the acer of the United States.

it further enacted, That such out at the mint in exchange for n sums not less than one hunshall be lawful, also, to transsame from time to time to the , depositaries, and other officers es, under general regulations, ector of the mint, and approved the Treasury: Provided, how int coined into quarter-dollars, mes, shall be regulated by the easury.

t further enacted, That no deinto the half-dollar, quarteralf-dime, shall hereafter be rethose made by the treasurer of authorized, and upon account

3.

it further enacted, That, at the itor, gold or silver may be cast of either pure metal or of stande owner may prefer, with a ne, designating its weight and iece, of either gold or silver, >ars or ingots of a less weight xcept pieces of one ounce, of ee ounces, and of five ounces, of less weight than ten ounces lard fineness, with their weight bed upon them; but in cases d silver deposited be coined or gots, there shall be a charge to dition to the charge now made ing the metals, of one-half of the money arising from this per centum shall be charged to mint, and from time to time, director of the mint, shall be Treasury of the United States: That nothing contained in this sidered as applying to the halflollar, the dime, and half-dime. further enacted, That from time

be struck and coined at the States and the branches thereof, respects to law, and conformto the standard of gold coins law, a coin of gold of the value units, and all the provisions of n act to authorize the coinage ouble eagles, "approved March dred and forty-nine, shall be herein authorized, so far as the licable; but the devices and -dollar piece shall be fixed by › Treasury.

t further enacted, That this act om and after the first day of uary 21, 1853.

'n Act to regulate the Fees and Costs ks, Marshals, and Attorneys of the ct Courts of the United States, and

Laws of the United States.

Whenever two or more charges are or shall be made, or two or more indictments shall be found against a person, only one writ or warrant shall

Fees of Attorneys, Solicitors, and Proctors. In a trial before a jury, in civil and criminal cases, or before referees, or on a final hearing in equity or admiralty, a docket fee of twenty dollars: Provided, That in cases in admiralty and maritime jurisdiction, where the libelant shall recover less than fifty dollars, the docket fee of his proctor shall be but ten dollars.

In cases at law, where judgment is rendered without a jury, ten dollars; and five dollars where a cause is discontinued.

For scire facias and other proceedings on recognisances, five dollars.

For each deposition taken and admitted as evidence in the cause, two dollars and fifty cents.

A compensation of five dollars shall be allowed for the services rendered in cases removed from a district to a circuit court by writ of error or appeal.

For examination by a district attorney, before a judge or commissioner, of a person or persons charged with crime, five dollars per day for the time necessarily employed.

For each day of his necessary attendance in a court of the United States, on the business of the United States, when the same shall be held at the place of his abode, five dollars, and the like sum for his attendance for each day of the term when the said court shall be held elsewhere.

and it shall be sufficient to state in the writ the name or general character of the offenses, or to refer to them only in very general terms. Only one writ or warrant shall be necessary to remove a prisoner from one district to another; a copy of which may be delivered to the sheriff or jailor from whose custody the prisoner may be taken, and another copy thereof to the sheriff or jailor to whose custody he may be committed, and the original writ, with the marshal's return thereon, shall be returned to the clerk of the district to which he may be removed. Whenever a prisoner is committed to a sheriff or jailor by virtue of a writ, warrant, or mittimus, a copy thereof shall be delivered to the sheriff or jailor as his authority to hold the prisoner, and the original writ, warrant, or mittimus, shall be returned to the proper court or officer with the officer's return thereon. Clerks' Fees.

For issuing and entering every process, commission, summons, capias, execution, warrant, attachment, or other writ, except a writ of venire, summons, or subpoena for a witness, one dollar.

For filing and entering every declaration, plea, or other paper, ten cents.

For administering every oath or affirmation to a witness, or other person, except a juror, ten

cents.

For entering any return, rule, order, continuance, judgment, decree or recognizance, drawing any bond, or making any record, certificate, return, or report, for each folio fifteen cents; and for a copy of any such entry or record, or of any paper on file, not exceeding one folio, ten cents; and for each additional folio, ten cents.

When an indictment for crime shall be tried before a jury, and a conviction is had, in addition to the attorney's fees allowed by this act, the district attorney may be allowed a counsel fee in proportion to the importance and difficulty of the cause, not exceeding thirty dollars.

In every case where a district attorney has, during the last six years, prosecuted or defended a suit in which the United States was concerned, in a district where the law allows no taxable attorney's fees, and for which he has received no compensation, except his per diem and annual salary, he shall be paid for his services according to the provisions of this act.

For the services of counsel, rendered at the request of the head of a Department, such sum as may be stipulated or agreed on.

Whenever there are or shall be several charges against any person or persons for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses which may be properly joined, instead of having several indictments, the whole may be joined in one indictment in separate counts; and if two or more indictments shall be found in such cases, the court may order them consolidated.

Whenever two or more things belonging to the same person or persons are or shall be seized for an alleged violation of the revenue laws, the whole shall be included in one suit; and if not so included, and separate actions are prosecuted, the court may consolidate them.

Whenever two or more indictments, suits, or proceedings, are or shall be prosecuted, which should be joined, the district attorney prosecuting them shall be paid but one bill of costs for all of them; and if any attorney, proctor, or other person admitted to manage or conduct causes in any court of the United States, or of the Territories thereof, shall appear to have multiplied the proceedings in

For making dockets and indexes, and for all other services in a cause where issue is joined and no testimony given, including taxing costs, two dollars.

For making dockets and indexes, and for taxing costs and other services, in a cause which is dismissed, discontinued, or a judgment or decree is made or rendered therein without issue, one

dollar.

In equity and admiralty causes only the process, pleadings, and decree, and such orders and memorandums as may be necessary to show the jurisdiction of the court and regularity of the proceedings, shall be entered upon the final record; and, in case of an appeal, copies of the proofs, and of such entries and papers on file as may be necessary on hearing of the appeal, may be certified up to the appellate court.

For affixing a seal of the court to any instrument when required, twenty cents. For issuing a writ of subpoena, twenty-five cents. For every search for any particular mortgage, judgment, or other lien, fifteen cents. For traveling from the office of the clerk, where he is required by law to reside, to the place of holding any court required to be held by law, five cents per mile for going and five for returning, and five dollars per day for his attendance on any such court or courts while actually in session.

For searching the records of the court for judgments, decrees, and other instruments constituting a general lien upon real estate, and certifying the result of such search, fifteen cents for each person against whom such search is required to be made.

For receiving, keeping, and paying out money, in pursuance of the requirements of any statute or order of court, one per cent. on the amount so received, kept, and paid.

In cases removed by writ of error or appeal, the clerk's fees for making dockets and taxing costs, shall be but one dollar, and the clerks of the district and circuit courts respectively, ex officio, shall be, and hereby are, authorized and empowered to administer oaths, take acknowledgments, take and certify affidavits and depositions in the same man