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rules and regulations, with the reasons therefor, to the then next session of Congress.
APPROVED, May 19, 1828.
CHAP. LVI.—An Act making appropriations for the improvement of certain harbours, the completion of the Cumberland road to Zanesville, the securing the lighthouse on the Brandywine Shoal, and the making of surveys.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums be, and the same are hereby, appropriated, to wit:
For the completion of the Cumberland road, continued to Zanesville, in the state of Ohio, one hundred and seventy-five thousand dollars: (a) which said sum of money shall be replaced out of the fund reserved, for laying out and making roads, under the direction of Congress, by the several acts passed for the admission of the states of Ohio, Indiana, Illinois, and Missouri into the Union, on an equal footing with the original
To complete the removal of obstructions at the mouth of Grand river, in the state of Ohio, nine thousand one hundred and thirty-five dollars and eleven cents.
To complete the removal of obstructions at the mouth of Huron river, in the state of Ohio, four thousand four hundred and thirteen dollars and thirty-five cents.
To complete the erection of piers, at the mouth of Dunkirk harbour, in the state of New York, six thousand dollars.
May 19, 1828. [Obsolete.]
of Cumberland road, &c.
Removal of obstructions from Grand river.
Removal of obstructions from Huron river.
Piers at Dunkirk harbour.
A road from
To complete the construction of the road from Detroit to Maumee, Detroit to Maufive thousand nine hundred dollars.
To continue the road from Detroit to Chicago, as far as the boundary line of the state of Indiana, eight thousand dollars.
To pay a balance due the commissioners for laying out a road from Detroit to Saganaw river and bay, and a road from Detroit to Fort Gratiot, in the territory of Michigan, three hundred and two dollars and sixty-nine cents.
To complete the building of two piers at the mouth of Oswego harbour, in the state of New York, authorized by an act of Congress, approved the twentieth [second] of March last, entitled "An act to authorize the improving of certain harbours, the building of piers, and for other purposes," nine thousand five hundred and eighty-three dollars and thirtynine cents.(b)
For deepening the channel of entrance, into the harbour of Presque Isle, six thousand two hundred and twenty-three dollars and eighteen
For completing the removal of obstructions at the mouth of Ashtabula creek, Ohio, two thousand four hundred and three dollars and fifty
For completing the removal of obstructions at the mouth of Cunningham creek, Ohio, one thousand five hundred and seventeen dollars and seventy-six cents.
For removing obstructions to the navigation of Kennebec river, at Lovejoy's Narrows, by removing the half tide and other rocks, in addition to the appropriation of last session, three thousand five hundred dollars. For preserving and securing the lighthouse on the Brandywine Shoal, in the bay of Delaware, ten thousand dollars.
For defraying the expenses incidental to making examinations and surveys, under the act of thirtieth April, one thousand eight hundred and
(a) Notes of the acts which have passed relating to the Cumberland road, vol. ii. 357. (b) This act was passed on the 2d March, 1827.
Road from Detroit to Chi
due for laying out a road, &c.
Two piers at the mouth of
Act of March
2, 1827, ch. 46.
Deepening the channel near Presque Isle.
Removal of obstructions in Ashtabula creek, Ohio.
obstructions in Cunningham creek, Ohio. Removing obstructions in
Lighthouse on Brandywine shoal.
Act of April 30, 1824, ch. 46.
Complete a pier at Buffalo.
To be paid out of any mo
ney in the trea
twenty-four, thirty thousand dollars: Provided, That this appropriation shall not be construed into a legislative sanction of any examination or survey which shall not be deemed of national importance, and within the provisions of the aforesaid act of the thirtieth April, one thousand eight hundred and twenty-four.
To complete a pier adjacent to a pier at Buffalo, in the state of New York, thirty-four thousand two hundred and six dollars.
SEC. 2. And be it further enacted, That the several sums, hereby appropriated, shall be paid out of any money in the treasury not otherwise appropriated.
APPROVED, May 19, 1828.
May 19, 1828.
Any one, a citizen of the United States
or trading under
17, 1824, not
coast of America, &c., spirituous liquors. Superior jurisdiction extended to the superior and circuit courts, in each of the territorial dis
CHAP. LVII.—An Act for the punishment of contraventions of the fifth article of the treaty between the United States and Russia.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any one, being a citizen of the United States, or trading under their authority, shall, in contravention of the stipulations entered into by the United States with the Emperor of all the Russias, by the fifth article of the treaty, signed at St. Petersburg, on the seventeenth day of April, in the year of our Lord one thousand eight hundred and twenty-four, sell, or cause to be sold, to the natives of the country on the north-west coast of America, or any of the islands adjacent thereto, any spirituous liquors, fire arms, or other arms, powder or munitions of war of any kind, the person so offending shall be fined in a sum not less than fifty nor more than two hundred dollars, or imprisoned not less than thirty days, nor more than six months.
SEC. 2. And be it further enacted, That the superior courts in each of the territorial districts, and the circuit courts and other courts of the United States, of similar jurisdiction in criminal causes, in each district of the United States, in which any offender against this act shall be first apprehended or brought for trial, shall have, and are hereby invested tricts, in crimi- with, full power and authority to hear, try and punish, all crimes, offences and misdemeanors, against this act; such courts proceeding therein in the same manner as if such crimes, offences and misdemeanors, had been committed within the bounds of their respective districts. APPROVED, May 19, 1828.
May 19, 1828.
President of United States to cause to be run, &c., the
line dividing the
territory of Arkansas, from the state of Louisiana.
er to be ap
CHAP. LVIII.—An Act to authorize the President of the United States to run and mark a line, dividing the territory of Arkansas from the state of Louisiana. (a)
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States of America be, and he is hereby, authorized, in conjunction with the constituted authorities of the state of Louisiana, to cause to be run, and distinctly marked, the line dividing the territory of Arkansas from the state of Louisiana; commencing on the right bank of the Mississippi river, at latitude thirty-three degrees north, and running due west on that parallel of latitude, to where a line running due north from latitude thirty-two degrees north, on the Sabine river, will intersect the same. And, for that purpose, he is hereby authorized, to appoint a commissioner, or surveyor, or both, as in his opinion may be necessary: Provided, The compensation to be allowed to the person or
(a) See notes of the acts relating to the territory afterwards the state of Arkansas, vol. iii. 493.
persons so to be appointed by the President of the United States, shall not exceed in amount the compensation allowed by the government of Louisiana to the person or persons appointed, on its part, for the same object.
SEC. 2. And be it further enacted, That the person or persons, so to be appointed by the President of the United States, with such as have been or shall be appointed for the same purpose, on the part of the state of Louisiana, after they, in conjunction, shall have run, and distinctly marked said line, shall make two fair drafts, or maps thereof, both of which shall be certified by them, and one of which shall be deposited in the office of the Secretary of State for the United States, and the other delivered to the governor of Louisiana.
pointed to certified drafts, one of which shall be depo
make two fair
sited in the Secretary of State's office,
and the other with the gover
SEC. 3. And be it further enacted, That, for the purpose of carrying nor of Louisithis act into execution, the sum of one thousand dollars be, and the same is hereby, appropriated, to be paid out of any money in the treasury, not otherwise appropriated.
APPROVED, May 19, 1828.
1000 dollars appropriated.
CHAP. LIX.-An Act concerning the orphans' court of Alexandria county, in the May 19, 1828. District of Columbia.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in addition to the regular monthly sessions of the orphans' court of Alexandria county, in the district aforesaid, as now authorized by law, that the judge of the aforesaid court be, and he is hereby, authorized and empowered, to hold extra sessions thereof, whenever the public interest may require it.
SEC. 2. And be it further enacted, That in lieu of the per diem allowance of six dollars, as now established by law, that he be allowed a fixed salary of five hundred dollars per annum, payable in the same manner as heretofore the per diem allowance has been, any law to the contrary notwithstanding.
SEC. 3. And be it further enacted, That this law shall be in force from and after the passing of the same. APPROVED, May 19, 1828.
Judge authorized to hold extra sessions.
To receive in lieu of per diem allowance
of six dollars, a fixed salary of 500 dollars per
Law to be in force after the passing of the
CHAP. LX.-An Act to reduce the duty on Greek and Latin books, printed previous May 19, 1828. to the year one thousand seven hundred and seventy-five.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled That the act, entitled "An act to amend the several acts imposing duties on imports," passed twentysecond of May, one thousand eight hundred and twenty-four, shall not be construed to impose upon books printed in Greek and Latin, which the importer shall make it satisfactorily appear to the collector of the port at which the same shall be entered, were printed previous to the year one thousand seven hundred and seventy-five, a higher duty than four cents per volume.
APPROVED, May 19, 1828.
Greek and Latin previous to 1775, not to be imposed in cer
CHAP. LXVII.-An Act to continue the mint at the city of Philadelphia, and for May 19, 1828. other purposes. (a)
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the act, entitled "An act
Act of March,
3, 1801, ch. 21.
(a) See notes of acts relating to the mint, and to coins of the United States, vol. i. 246.
For purpose of securing a due conformity,
the brass troy
A series of
weights corresponding to the aforesaid troy pound weight, to be procured.
bullion is found operation of the
to require the
found to contain a proportion of gold. Proviso.
Director of the mint may employ the requisite number
Director of the
and cause to be
concerning the mint," approved March the third, one thousand eight hundred and one, be, and the same hereby is, revived and continued in force and operation, until otherwise provided by law.
SEC. 2. And be it further enacted, That, for the purpose of securing a due conformity in weight of the coins of the United States, to the provisions of the ninth section of the act, passed the second of April, one thousand seven hundred and ninety-two, entitled "An act establishing a mint, and regulating the coins of the United States," the brass troy pound weight procured by the minister of the United States at London, in the year one thousand eight hundred and twenty-seven, for the use of the mint, and now in the custody of the director thereof, shall be the standard troy pound of the mint of the United States, conformably to which the coinage thereof shall be regulated.
SEC. 3. And be it further enacted, That it shall be the duty of the director of the mint to procure, and safely to keep a series of standard weights, corresponding to the aforesaid troy pound, consisting of an one pound weight, and the requisite subdivisions and multiples thereof, from the hundredth part of a grain to twenty-five pounds; and that the troy weights ordinarily employed in the transactions of the mint, shall be regulated according to the above standards, at least once in every year, under his inspection; and their accuracy tested annually in the presence of the assay commissioners, on the day of the annual assay.
SEC. 4. And be it further enacted, That, when silver bullion, brought to the mint for coinage, is found to require the operation of the test, the expense of the materials employed in the process, together with a reasonable allowance for the wastage necessarily arising therefrom, to be determined by the melter and refiner of the mint, with the approbation of the director, shall be retained from such deposit, and accounted for by the treasurer of the mint to the treasury of the United States.
SEC. 5. And be it further enacted, That, when silver bullion, brought to the mint for coinage, shall be found to contain a proportion of gold, the separation thereof shall be effected at the expense of the party inte rested therein: Provided, nevertheless, That, when the proportion of gold is such that it cannot be separated advantageously, it shall be lawful, with the consent of the owner, or, in his absence, at the discretion of the director, to coin the same as an ordinary deposit of silver.
SEC. 6. And be it further enacted, That the director of the mint may employ the requisite number of clerks, at a compensation not exceeding in the whole the sum of seventeen hundred dollars, and such number of workmen and assistants as the business of the mint shall, from time to time, require.
SEC. 7. And be it further enacted, That it shall be lawful for the mint to receive director of the mint to receive, and cause to be assayed, bullion not inassayed bullion tended for coinage, and to cause certificates to be given of the fineness not intended for thereof by such officer as he shall designate for that purpose, at such rates of charge, to be paid by the owner of said bullion, and under such regulations, as the said director may, from time to time, establish. APPROVED, May 19, 1828.
Act of Jan. 18, 1837, ch. 3, sec. 14.
STATUTE I. May 19, 1828.
Act of March 3, 1821, ch. 51. Forms of
CHAP. LXVIII.-An Act further to regulate processes in the courts of the United
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the forms of mesne pro
(a) In addition to the notes of the decisions of the courts of the United States on the subject of process and proceeding in vol. i. 93, the following cases are referred to:
The legislature of a state cannot suspend process in the courts of the United States, as to its citizens. Babcock v. Weston, 1 Gallis. C. C. R. 168.
cess, except the style, and the forms and modes of proceeding in suits in the courts of the United States, held in those states admitted into the Union since the twenty-ninth day of September, in the year seventeen hundred and eighty-nine, in those of common law, shall be the same in
It is not a contempt of court to serve a person with a summons, while attending at the place where the court is held, as a party in a cause, or as a witness. It is a contempt of court to serve process, either of summons or capias, in the actual or constructive presence of the court. Blight's Ex'rs v. Ashley, 1 Peters' C. C. R. 41.
Attachments for the non-attendance of a witness, on a subpœna, must be served by the marshal of the court; although the persons against whom the process is issued, reside in a distant county. United States v. Montgomery, circuit court of the United States, 2 Dall. 33.
An attachment is the usual process to bring a party into court, where he has not made a true return : and if he is present in court, no such process is necessary; but the court may pass an order directing him, immediately, to answer interrogatories. United States v. Greene, 3 Mason's C. C. R. 482.
Attachments may issue out of the admiralty courts of the United States, against the goods or debts of an absent person, so as to make him a party to the suit. Bouysson et al. v. Miller et al., Bee's Adm. Decis. 186.
The admiralty may issue process of attachment to compel an appearance in cases of maritime torts, as well as in cases of contract. Manro v. Almeida, 10 Wheat. 473; 6 Cond. Rep. 190.
An admiralty court has jurisdiction to proceed by attachment in rem for a tort. The Candalero, Bee's Adm. Decis. 60.
The process of attachment may issue whenever the defendant has concealed himself, or has absconded from the country, and the goods to be attached are within the jurisdiction of the court of admiralty. It may issue against his goods and chattels, and against his credits and effects, in the hands of third persons. Manro v. Almeida, 10 Wheat. 473; -6 Cond. Rep. 190.
It seems that an attachment cannot issue without an express order of the judge, but it may be issued simultaneously with the monition; and where the attachment issued in this manner, and in pursuance of the prayer of the libel, the Supreme Court will presume that it was regularly issued. Ibid.
The act for regulating processes in the courts of the United States, provides that the forms and modes of proceeding in courts of equity, and in those of admiralty and maritime jurisdiction, shall be according to the principles, rules and usages which belong to courts of equity, and to courts of admiralty, respectively, as contradistinguished from courts of common law, subject, however, to alterations by the courts, &c. This act has been generally understood to adopt the principles, rules and usages of the court of chancery of England. Hinde v. Vattier. 5 Peters, 398.
Process of foreign attachment cannot be properly issued by the circuit courts of the United States, in cases where the defendant is domiciled abroad, or not found within the district in which the process issues, so that it cannot be served upon him. Toland v. Sprague, 12 Peters, 300.
By the general provisions of the laws of the United States: 1. The circuit courts can issue no process beyond the limits of their districts. 2. Independently of positive legislation, the process can only be served upon persons within the same districts. 3. The acts of Congress adopting the state process, adopt the form and modes of service only, so far as the persons are rightfully within the reach of such process; and did not intend to enlarge the sphere of the jurisdiction of the circuit courts. 4. The right to attach property to compel the appearance of persons, can properly be used only in cases in which such persons are amenable to the process of the circuit court, in personam; that is, where they are inhabitants, or found within the United States; and not where they are aliens, or citizens resident abroad, at the commencement of the suit, and have no inhabitancy here Ibid.
In the case of a person being amenable to process, in personam, an attachment against his property cannot be issued against him, except as a part of, or together with process to be served upon his person. Ibid.
The circuit and district courts of the United States cannot, either in suits at common law or equity, send their process into another district, except where specially authorized so to do, by some act of Congress. Ex parte Graham, 3 Wash. C. C. R. 456.
The marshal may have an attachment to enforce the payment of his fees of office, against suitors in the court. Anonymous, 2 Gallis. C. C. R. 101.
The court will not dictate to the marshal, what return he shall make to process in his hands. He must make his return at his peril, and any person injured by it, may have his legal remedy for such return. Wortman v. Conyngham, Peters' C. C. R. 241.
Congress has, by the constitution, exclusive authority to regulate proceedings in the courts of the United States; and the states have no authority to control those proceedings; except so far as the state process acts are adopted by Congress, or by the courts of the United States, under the authority of Congress. Wayman v. Southard, 10 Wheat. 1; 6 Cond. Rep. 1.
The 14th section of the judiciary act of 1789, ch. 20, authorizes the courts of the United States to issue writs of execution, as well as other writs. Ibid.
The 34th section of the judiciary act of 1789, ch. 20, does not apply to the process and practice of the courts. It merely furnishes a rule of decision, and is not intended to regulate the remedy. Ibid.
The process act of 1792, ch. 137, is the law which regulates executions issuing from the courts of the United States: and it adopts the practice of the supreme courts of the states, in 1789, as the rule for governing proceedings on such executions, subject to such alterations as the courts of the United States may make, but not subject to the alterations which have since taken place in the state laws and practice. Ibid.
The statutes of Kentucky concerning executions, which require the plaintiff to endorse on the execution, that bank notes of the Bank of Kentucky, or notes of the Bank of the Commonwealth of Kentucky, will be received in payment, and on his refusal, authorize the defendant to give a replevin bond for the debt, payable in two years, are not applicable to executions issued on judgments rendered by the courts of the United States. Ibid.