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STATUTE I. CHAP. VIII.An Act directing the disposition of certain unclaimed goods, wares, April 2, 1844.
or merchandise, seized for being illegally imported into the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter, in all cases of Goods seized, seizure of any goods, wares, or merchandise, which shall, in the opinion of not exceedof the collector or other principal officer of the revenue making such value, to be apseizure, be of the appraised value of one hundred dollars or less, and praised. which shall have been so seized for having been illegally imported into the United States, the said collector of the customs, or other principal officer of the revenue making such seizure, shall proceed as follows, that is to say: he shall cause a list, containing a particular description of the goods, wares, or merchandise, so seized, to be prepared in duplicate, and an appraisement of the same to be made by two sworn appraisers under the revenue laws, if there are such appraisers in such place of seizure; and if the said seizure be made where there are no such appraisers, then by two respectable and disinterested citizens of the United States, residing at the place where the seizure may be made, and to be selected by him for said purpose. The aforesaid list and appraisement shall be properly attested by such collector or other officer and the persons making the appraisement; and for which service said appraisers shall be allowed, out of the revenue, the sum of one dollar Fee for ap. and fifty cents per day each. If the said goods shall be found by such praising. appraisers to be of the value of one hundred dollars or less, the said col- If not appraised lector or other officer shall publish a notice, for the space of three 8100, notice of weeks, in some newspaper of the county or place where the seizure was seizure to be made, describing the articles, and stating the time, place, and cause of published, &c. their seizure, and requiring any person or persons claiming them to appear and make such claim within ninety days from the date of the first publication of such notice: Provided, That any person or persons Persons claimclaiming the goods, wares, or merchandise, so seized, within the time ing within 90 specified in the notice, may file with such collector or other officer a bond for payclaim, stating his or their interest in the articles seized, and may exe- ment of costs, cute a bond to the United States, in the penalty of two hundred and fifty &c., and Dis
trict Attorney dollars, with two sureties, to be approved by the collector or other officer
may proceed referred to, conditioned that, in case of condemnation of the articles so thereon in the seized, the obligors will pay all the costs and expenses of the proceed- ordinary man, ings to obtain such condemnation; and upon the delivery of such bond by law. to the collector or other officer mentioned, he shall transmit the same, with the duplicate list and description of the goods seized, to the United States district attorney for the district, who shall proceed thereon in the ordinary manner prescribed by law: And provided, also, That if there If no claim be shall be no claim interposed and no bond given, within the time above interposed, and specified, the collector or other officer, as the case may be, shall give no bond given,
&c. twenty days' notice of the sale of the goods, wares, or merchandise, in the mannet before mentioned; and, at the time and place specified in such notice, shall sell the articles so seized at public auction, and, after deducting the expenses of appraisement and sale, he shall deposite the proceeds to the credit of the Treasurer of the United States, as shall be directed by the Secretary of the Treasury.
Sec. 2. And be it further enacted, That within one year after the Within one sale of any goods, wares, or merchandise, in virtue of this act, any year after sale, person or persons claiming to be interested in the goods, wares, or mer- persons intechandise, so sold, may apply to the Secretary of the Treasury for a re- ply to Secretary mission of the forfeiture thereof, or any of them, and a restoration of of Treasury for the proceeds of the said sale, which may be granted by the said Secre- remission of fortary, upon satisfactory proof, to be furnished in such manner as he shall prescribe : Provided, That it shall be satisfactorily shown that the ap; granted on Cer:
be plicant, at the time of the seizure and sale of the goods in question, and tain conditions. during the intervening time, was absent out of the United States, or in such circumstances as prevented him from knowing of such seizure
, and that he did not know of the same; and, also, that the said forfeiture was incurred without wilful negligence or any intention of fraud on the
part of the owner or owners of such goods. If no applica- Sec. 3. And be it further enacted, That if no application for such tion within one restoration be made within one year, as herein before prescribed, then, year, proceeds to be distri
at the expiration of the said time, the Secretary of the Treasury shall bated.
cause the proceeds of the sale of the said goods, wares, or merchandise, to be distributed according to law, as in the case of goods, wares, and merchandise, condemned and sold pursuant to the decree of a compe
tent court. Former provi- Sec. 4. And be it further enacted, That all provisions of any former sions of law in- law inconsistent with this act shall be, and the same are hereby, rethis, repealed. pealed.
APPROVED, April 2, 1844. STATUTE I. April 4, 1844. Chap. X. - An Act requiring one of the judges of the circuit court for the Dis
trict of Columbia hereafter to reside in Alexandria.
Be it enacted by the Senate and House of Representatives of the In case of va. United States of America in Congress assembled, That whenever cancy of one of hereafter a vacancy shall occur in the circuit court of the District of judges, his suc- Columbia, by reason of the death, resignation, or removal, of any one cessor to reside of the judges now composing said circuit court, the vacancy so occain Alexandria.
sioned shall be supplied by the appointment of some suitable person,
whose duty it shall be to reside within the town of Alexandria, in said Afterwards District of Columbia, during his continuance in office; and after the one of the
happening of such vacancy, as is herein before contemplated, one of the to reside there. judges of the said circuit court shall thenceforth always be required to The judges
reside in the said town of Alexandria : Provided, however, That nothing may make an herein contained shall be so construed as to prevent, at any time, an exchange of re- exchange of residence between the judges of said court, should they sidence
between them to
think proper to make such exchange, so that some one of said judges that end. shall at all times, after the next appointment hereafter to be made of a
judge of said court, reside in the said town of Alexandria.
APPROVED, April 4, 1844. STATUTE I. April 4, 1844. Chap. XI. – An Act to repeal so much of the act approved the twenty-third of
August, one thousand eight hundred and forty-two, as requires the second regiAct of Aug.23, 1842, ch. 186.
ment of dragoons to be converted into a regiment of riflemen after the fourth day of March, one thousand eight hundred and forty-three. (a)
Be it enacted by the Senate and House of Representatives of the Repeal of so United States of America in Congress assembled, That so much of much of act as the act entitled " An act respecting the organization of the army, and giment of dra: for other purposes," approved the twenty-third day of August, one thougoons to be con- sand eight hundred and forty-two, as requires the second regiment of verted into a
dragoons to be converted into a regiment of riflemen after the fourth regiment of riflemen. day of March, one thousand eight hundred and forty-three, be, and the
same is hereby, repealed. Regiment to Sec. 2. And be it further enacted, That the present regiment of be remounted, riflemen, formerly the second regiment of dragoons, shall, as soon as it &c.
can be effected after the passage of this act, be remounted, and called the second regiment of dragoons, and shall in all things be governed by
the same organization and regulations as are provided by the act raising 1833, ch, 76. the first regiment of dragoons, entitled “An act for the more perfect
defence of the frontier," approved the second day of March, one thou
sand eight hundred and thirty-three, and shall, in all respects, be placed
STATUTE I. CHAP. XII.-An Act to change the time of holding the Spring term of the District April 12, 1844.
Court of the United States for the Eastern District of Virginia, and of the Circuit Court of Alabama. (a)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Spring term of the Spring term of District Court of the United States for the Eastern District of Virginia, District Court which is now directed by law to commence on the first day of May in when to comthe borough of Norfolk, shall hereafter commence on the thirtieth day mence. of May in each year : Provided, That whenever the day on which the term of said Court is herein provided for shall happen to be on Sunday, then the term of said Court shall commence on the following day:
Sec. 2. And be it further enacted, That from and after the passing Process, when of this act, all proceedings and process depending in, or issuing out of returnable. the said Court, which are, or may be made returnable to any other time for holding the Spring term of the said Court than as above specified, shall be deemed legally returnable on the day herein before prescribed and not otherwise. And that all suits and other proceedings in said Court, which stand continued to any other time, for the Spring term of said Court than as above specified shall be deemed continued to the time prescribed by this act, and no other.
Sec. 3. And be it further enacted, That hereafter the Spring term of Terms of the the Circuit Court of the United States for the Fifth Judicial Circuit and Circuit Court Southern District of Alabama, shall commence on the third Monday in when to comApril; and the Fall term of said Court shall commence on the fourth mence. Monday in December in each and every year, instead of the periods now fixed by law, and continued in session as long as the business may require.
Sec. 4. And be it further enacted, That if from any cause there should The Judges be a failure to hold the said Circuit Court at the periods designated in may hold an
extra term. this act, the judges thereof shall have power, and are hereby authorized to hold an extra term of said Court at such time as they may think proper. APPROVED, April 12, 1844.
STATUTE I. CHAP. XIII. - An Act making appropriations for the support of the Military April 12, 1844.
Academy for the fiscal year ending on the thirtieth day of June, eighteen hundred and forty-five.
(Obsolete.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Appropriations sums, in addition to unexpended balances, be, and the same are hereby for the fiscal appropriated, to be paid out of any money in the Treasury not other- June 30, 1845. wise appropriated, for the support of the Military Academy for the fiscal year commencing on the first day of July, eighteen hundred and fortyfour, and ending on the thirtieth day of June, eighteen hundred and forty-five.
For pay of officers, instructors, cadets and musicians, fifty-one thou- Pay of officers, sand five hundred and thirty-eight dollars and thirty-three cents; for &c. commutation of subsistence, thirty-three thousand one hundred and Commutation,
& fifty dollars and forty-eight cents; for commutation of forage for officers'
Commutation, horses, two thousand nine hundred and sixty-seven dollars and sixty- of forage, &c.
(a) See notes of the acts which relate to the District Court of Virginia, vol. 3, 478. Circuit Court of Alabama : act of Feb. 19, 1831, chap. 28; act of Feb. 22, 1838, chap. 12, act of March 3, 1839, chap. 81,
Proviso. nine cents-Provided, That forage shall be allowed only for horses acCommutation tually mustered; for commutation of clothing for their servants, four of clothing.
hundred and twenty dollars; for increase and expense of library, one Increase of library.
thousand three hundred dollars; for the other various current and ordiOther expen. nary expenses, twenty-seven thousand four hundred and sixty-nine dolses.
APPROVED, April 12, 1844. STATUTE I. April 22, 1844. Chap. XIV. — An Act making an appropriation of certain moneys in the Trea (Obsolete.)
sury for the naval service. Be it enacted by the Senate and House of Representatives of the Appropriation United States of America in Congress assembled, That the sum of one for increase,&c. hundred and sixteen thousand nine hundred and twenty-two dollars and of the navy.
seventy-nine cents, being the amount of proceeds of sales of certain condemned naval stores, be, and the same is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the increase, repair, armament and equipment of the navy, and wear and tear of vessels in commission.
APPROVED, April 22, 1844. STATUTE I. April 30, 1844. Chap. XV.-An Act making appropriations for the payment of revolutionary and [Obsolete.) other pensioners of the United States
, for ihe fiscal year ending on the thirtieth of June, one thousand eight hundred and forty-five.
Be it enacted by the Senate and House of Representatives of the UniAppropria ted States of America in Congress assembled, "That the following sums tions.
be, and the same are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the pensioners of the United
States for the fiscal year commencing on the first day of July, one thouInvalid pen
sand eight hundred and forty-four, and ending on the thirtieth day of sions.
June, one thousand eight hundred and forty-five : Pensions under act of 18th dred dollars;
For invalid pensions, one hundred and eighty-four thousand eight hunMarch 1818, ch. 19.
For pensions under the act of eighteenth March, eighteen hundred Under act of and eighteen, one hundred and ninety-six thousand dollars; July 7, 1838,
For pensions under the act of July seventh, eighteen hundred and Aug. 23, 1842, thirty-eight, and the act supplementary thereto, passed the twenty-third ch. 189. of August, eighteen hundred and forty-two, four hundred thousand dolUnder act of
lars; July 4, 1836, ch. 362. For pensions under the act of July the fourth, eighteen hundred and For deficiency thirty-six, one hundred and thirty-four
thousand two hundred and fifty in
dollars; tions under acts of March 3, For supplying a deficiency in former appropriations for the fiscal year 1843, ch. 76, ending June thirty, one thousand eight hundred and forty-four, for penJuly 7, 1838,
sions under the act of March three, one thousand eight hundred and Aug. 23, 1842, forty-three, and under the act of seventh of July, eighteen hundred and
thirty-eight, and the act of twenty-third of August, eighteen hundred Proviso.
and forty-two, forty thousand dollars: Provided, that the Secretary of transfer appro. War may direct the transfer of a part, not exceeding two hundred and priations under twenty thousand dollars, of the sum
of four hundred thousand dollars, acts of July appropriated in this act for the payment of pensions under the act of and Aug. 23, seventh of July, eighteen hundred and thirty-eight, and the act of twenty1842, ch. 189, to third August, eighteen hundred and forty-two, to the payment of a pay arrearages rearages under the said acts, and also under the act of third of March, and act of March eighteen hundred and forty-three; 3, 1843, ch. 76. For half-pay pensions to widows and orphans, payable through the
Half-pay pen.. Second and Third Auditor's offices, one thousand dollars ;
For arrearages of pensions prior to July, eighteen hundred and fif
teen, payable through Third Auditor's office, two thousand dollars: Arrearages Provided, That no pension shall be hereafter granted to a widow for prior to July the same time that her husband received one. And provided, also, Proviso. That no person in the army, navy or marine corps shall be allowed to Proviso. draw both a pension as an invalid and the pay of his rank or station in the service, unless the alleged disability for which the pension was granted, be such as to have occasioned his employment in a lower grade, or in some civil branch of the service. APPROVED, April 30, 1844.
STATUTE I. Cuap. XVI.-An Act giving the assent of Congress to the holding of an extra ses- April 30, 1844. sion of the Legislative Assembly of the Territory of Iowa.
(Obsolete.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of Congress Extra session is hereby given to the holding of an extra session of the Legislative Assembly of Assembly of the Territory of Iowa, in the month of June, eighteen lowa in 1844. hundred and forty-four : Provided, That no portion of the expense of Proviso. such extra session shall be paid by the Government of the United States. APPROVED, April 30, 1844.
STATUTE I. Chap. XVII.-An Act for the relief of the citizens of towns upon the lands of the May 23, 1844.
United States, under certain circumstances. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any When public portion of the surveyed public lands has been or shall be settled upon pied as a town and occupied as a town site, and therefore not subject to entry under site, corporate the existing pre-emption laws, it shall be lawful, in case such town or authorities, &c. place shall be incorporated, for the corporate authorities thereof, and, to enter the if not incorporated, for the judges of the county court for the county in for the occuwhich such town may be situated, to enter, at the proper land office, and pants. at the minimum price, the land so settled and occupied, in trust, for the several use and benefit of the occupants thereof, according to their respective interests; the execution of which trust, as to the disposal of Execution of the lots in such town, and the proceeds of the sales thereof, to be con- the trust, &c. ducted under such rules and regulations as may be prescribed by the by the Legislalegislative authority of the State or Territory in which the same is situ- ture. ated : Provided, That the entry of the land intended by this act be Proviso. made prior to the commencement of the public sale of the body of land in which it is included, and that the entry shall include only such land as is actually occupied by the town, and be made in conformity to the legal subdivisions of the public lands authorized by the act of twentyfourth April, one thousand eight hundred and twenty, and shall not in the whole exceed three hundred and twenty acres; And provided, also, Any act of That any act of said trustees, not made in conformity to the rules and made agreeable regulations herein alluded to, shall be void and of none effect: And to regulations,
void. provided, also, That the corporate authorities of the town of Weston,
Authorities of in the county of Platte, State of Missouri, or the county court of Platte Weston, &c. county, in said State, shall be allowed twelve months, from and after the passage of this act, to enter at the proper land office, the lands upon which said town is situate. APPROVED, May 23, 1844.
STATUTE I. CHAP. XVIII.-An Act to authorize the transfer of the names of pensioners from May 23, 1844.
the agencies in the State of Kentucky to the agency in Cincinnati in the State of