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12 June 1838. Des Moines dis

trict. Dubuque dis

trict.

Ibid. 2 2.

Register and receiver.

Ibid. 3.

lands.

prising all the lands south of the east and west line which forms the northern boundary of the township adjoining to, and immediately south of, the township in which the town of Davenport is situate, shall be called the Des Moines land district, the land office for which shall be established at the town of Burlington; (a) and the other district, comprising the lands north of the said east and west line, shall be called the Dubuque land district, the office for which shall be established at the town of Dubuque.

20. That the president be, and he is hereby, authorized to appoint, by and with the advice and consent of the senate, a register and receiver of public moneys for each of the said districts, and who shall, respectively, be required to reside at the site of their offices, and have powers, perform the same duties, and be entitled to the same compensation, as are or may be prescribed by law in relation to the other land officers of the United States.

21. The president is authorized to cause the public lands in the said districts with the Sales of public exception of section numbered sixteen in each township, reserved for the use of schools, or such other lands as may by law be selected in lieu thereof, and of such other tracts as he may select for military or other purposes, to be exposed to sale in the same manner, and upon the same terms and conditions, as the other public lands of the United States.

Ibid. 24.

8 Aug. 1846 9 Stat. 82.

Iowa district.

Ibid. 24.

1.

22. Whenever the president may deem it expedient, he is hereby authorized to remove the said land offices to such other places within those districts as he may judge proper. 23. For the sale of public lands in the territory of Iowa, an additional land district is hereby created, comprising all the lands lying between the line dividing townships seventy-five and seventy-six north, and the line dividing townships eighty-three and eighty-four north, which shall be called the Iowa district. (b)

24. The president is hereby authorized to designate the site at which the said office Removal of office. shall be established; and to remove the same to any other place within said district, whenever, in his opinion, it may be deemed expedient.

2 Ang. 1852 31. 10 Stat. 26.

Northern district.

25. All that portion of the public lands in the state of Iowa, lying west of the range line dividing ranges seventeen and eighteen, and east of the range line dividing ranges Chariton district. thirty-one and thirty-two, and now included in the district of lands subject to sale at Fairfield, shall comprise a new land district, to be called the Chariton district; that so much of the public lands in said state, now included in the Iowa and Dubuque land districts, as lie between the range line dividing ranges sixteen and seventeen, and the range line dividing ranges thirty-three and thirty-four, shall form a new land district, to be called the Northern district; that all that portion of the public lands in said state, now included in the district subject to sale at Fairfield, and lying west of the range line dividing ranges thirty-one and thirty-two, and all that portion of the public lands now included in the districts subject to sale at Iowa City and Dubuque, and lying west of the range line dividing ranges thirty-three and thirty-four, shall form a new land district, to be called the Missouri River district; and that the district of lands subject to sale at Dubuque shall hereafter be bounded on the north by the northern boundary line of the state of Iowa.(c)

Missouri River district.

Boundary of Dubuque district.

Ibid. 24. Removal of Offices.

3 March 1855 1. 10 Stat. 714.

trict.

Council Bluffs district.

26. The president is hereby authorized to designate the sites at which each of the several offices shall be established; and to remove the same to any other places within said districts respectively, whenever, in his opinion, it may be deemed expedient.

27. All that portion of the public lands in the state of Iowa lying north of township line dividing townships ninety-three and ninety-four, and east of the range line dividing Turkey River disranges twenty-four and twenty-five, shall constitute a new land district, to be called the trict. Turkey River district. That all that portion of the public lands in said state, now Fort Dodge dis- situated in the Northern land district which lies north of the township line dividing townships eighty-five and eighty-six, and not included in the Turkey River and Dubuque districts, shall constitute a new land district, to be called the Fort Dodge district, and the name of the Northern district is hereby changed to, and shall be hereafter called, the Fort Des Moines district. That all that portion of the public lands in said state, now lying in the Kanesville district, and situated north of the township line dividing townships eighty-five and eighty-six, shall constitute a new land district, to be called the Sioux River district; and the name of the Kanesville district is hereby changed to, and shall be hereafter called, the Council Bluffs district. That townships eighty-six, eightyseven, eighty-eight, eighty-nine, ninety, ninety-one, ninety-two and ninety-three, of ranges seventeen and eighteen, are hereby attached to and made a part of the Dubuque land district, and townships sixty-seven sixty-eight, sixty-nine, seventy, seventy-one, seventy-two, seventy-three, seventy-four and seventy-five, of ranges thirty-two and thirty-three, are hereby attached to and made a part of the Chariton land district.(c) (a) Now at Fairfield. register and receiver, and for sales of public lands, in the sam (b) The 2d and 3d sections provide for the appointment of a terms as supra, 20-1. (c) See supra, note (b).

Dubuque and

hariton districts enlarged.

28. That the president of the United States is hereby authorized to designate the sites 3 March 1855 § 4. at which each of the several offices shall be established; and to remove the same to any Removal of other places within said districts respectively, whenever in his opinion it may be deemed offices. expedient.

IV. COLLECTION DISTRICTS.

10 Stat. 144.

29 Burlington, in the state of Iowa; Galena, Illinois; and Knoxville, in the state of 31 Aug. 1852 § 2. Tennessee; shall be ports of delivery, and shall be subject to the same regulations and restrictions as other ports of delivery in the United States; and there shall be appointed Burlington a part of delivery. a surveyor of the customs to reside at each of said ports, who shall, in addition to his own duties, also perform the duties and receive the salary and emoluments of surveyors prescribed by the act of congress passed on the second day of March 1831, (a) providing for the payment of duties on imported goods at certain ports therein mentioned, the same being entitled "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places;" and said Burlington, Galena and Knoxville, and the Annexed to dissaid ports of delivery be, and the same are hereby, annexed to and made part of the collection district of New Orleans; and all the privileges and facilities afforded to Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, by the act of congress last aforesaid, be, and the same are hereby, extended to said ports of Burlington, Galena and Knoxville.

trict of New Orleans.

10 Stat. 346.

buque.

30. That Keokuk and Dubuque, in the state of Iowa, be, and hereby are, constituted 3 Aug. 1854 3 2. ports of delivery within the collection district of New Orleans, and there shall be appointed a surveyor of the customs for each of said ports, who shall be residents Keokuk and Duthereat; said surveyors shall perform the duties and receive the salary and emoluments prescribed by the act of congress approved on the 2d day of March 1831, (a) entitled "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places."

Jails.

[See CONVICTS.]

1. Marshals to provide temporary jails in those states that have not authorized their jailors to receive prisoners committed under federal authority.

2. Or that have revoked such permission.

3. Jails to be provided under direction of the district judge

3 March 179. 1 Stat. 225.

Marshals to pro

vide temporary

states that have

1. Whereas congress did, by a resolution of the 23d day of September 1789, recommend to the several states to pass laws making it expressly the duty of the keepers of their jails to receive and safe keep therein all prisoners committed under the authority of the United States; (b) in order therefore to insure the administration of justice, jails in those Resolved, That in case any state shall not have complied with the said recommendation, not authorized tre marshal in such state, under the direction of the judge of the district, be authorized their jailors to to hire a convenient place to serve as a temporary jail, and to make the necessary pro- committed under federal authority. vision for the safe keeping of prisoners committed under the authority of the United States, until permanent provision shall be made by law for that purpose; and the said marshal shall be allowed his reasonable expenses incurred for the above purposes, to be paid out of the treasury of the United States.

Leceive prisoners

3 Stat. 646.

voked such per

2. Where any state or states, having complied with the recommendation of congress, 8 March 1821. in the resolution of the 23d day of September 1789, shall have withdrawn, or shall hereafter withdraw, either in whole or in part, the use of their jails for prisoners com- Or that have remitted under the authority of the United States, the marshal in such state or states, mission. under the direction of the judge of the district, shall be, and hereby is, authorized and required to hire a convenient place to serve as a temporary jail, and to make the necessary provision for the safe keeping of prisoners committed under the authority of the United States, (c) until permanent provision shall be made by law for that purpose; and the said marshal shall be allowed his reasonable expenses, incurred for the above purposes, to be paid out of the treasury of the United States.

4 Stat. 634.

vided under

3. In any state where the jails are not allowed to be used for the imprisonment of 2 March 1933 § 6 persons arrested or committed under the laws of the United States, or where houses are not allowed to be so used, it shall and may be lawful for any marshal, under the direc- Jails to be protion of the judge of the United States for the proper district, to use other convenient direction of the district judge. places within the limits of said state, and to make such other provision as he may deem expedient and necessary for that purpose.

(a) See tit. "Louisiana,” 26.

The marshal is not liable for the escape of a debtor whom he has committed to a state jail. Randolph v. Donaldson, 9 Cr. 76.

(c) The penitentiary of the District of Columbia may be used for such purpose. 7 Opin. 615.

1. Their oath of office.

Judges.

2. To reside within their respective districts. Not to practise law. 3. Certain documents to be transmitted to them.

24 Sept. 1789 2 8. 1 Stat. 76.

Their oath of office.

18 Dec. 1812 1. 2 Stat. 788.

4. Salaries of district court judges.
5. Of judges of the supreme court.
6. Certain salaries increased.

1. The justices of the supreme court, and the district judges, before they proceed to execute the duties of their respective offices, shall take the following oath or affirmation, to wit: “I, A. B., do solemnly swear, or affirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich and that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States; so help me God."

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2. It shall be incumbent upon the district and territorial judges of the United States, to reside within the districts and territories respectively for which they are appointed, To reside within and it shall not be lawful for any judge appointed under the authority of the United States, to exercise the profession or employment of counsel or attorney, or to be engaged in the practice of the law. And any person offending against the injunction or prohibition of this act, shall be deemed guilty of a high misdemeanor.

their respective

districts.

Not to practise law.

18 April 1814 24.

3 Stat. 133.

Certain documents to be

them.

3. That the secretary of state be, and is hereby, authorized to transmit by the mail, free of postage, one copy of the documents hereafter mentioned, being on subjects of a general nature, and which may be ordered to be printed by either house of congress, transmitted to namely, of communications with the accompanying documents, made by the president of the United States to Congress, or either house thereof; of reports made by the secretary of state, by the secretary of the treasury, by the secretary of war, by the secretary of the navy, by the postmaster-general, by the commissioners of the sinking fund, to congress, or either house thereof, in pursuance of any law or resolution of either house; affirmative reports on subjects of a general nature made to congress, or either house thereof, by any committee respectively; for each of the judges of the supreme court, and of the district courts, and of the territories of the United States, to any post office within the United States they may respectively designate.

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4. The judges of the district courts of the United States shall receive, as compensation for their services, the following yearly salaries, to be paid quarterly from the treasury of the United States, to wit:

The judges of the districts of the states of Maine, New Hampshire, Vermont, Rhode Island, Connecticut, Delaware, New Jersey, Iowa and Wisconsin, two thousand dollars. The judge of the northern district of Florida, two thousand two hundred and fifty dollars.

The judges of the western district of Virginia, North Carolina, eastern, western and middle districts of Tennessee, northern and southern districts of Mississippi, western district of Pennsylvania, western district of Louisiana, Texas, Kentucky, Ohio, Indiana, Missouri, eastern and western districts of Arkansas, Illinois and Michigan, two thousand five hundred dollars.

The judges of the districts of Georgia, South Carolina, eastern district of Virginia, northern district of New York, northern and southern districts of Alabama, two thousand seven hundred and fifty dollars.

The judges of the districts of Maryland, Massachusetts, eastern district of Pennsylvania, southern district of Florida, and southern district of California, three thousand dollars.

The judge of the eastern district of Louisiana, three thousand five hundred dollars. The judge of the southern district of New York, three thousand seven hundred and fifty dollars.

The judge of the northern district of California, five thousand dollars.

5. The annual salaries of the several justices of the supreme court of the United States, shall be as follows, to wit:

Of the chief justice of the supreme court, six thousand five hundred dollars.

Of the associate justices of the supreme court, six thousand dollars each.

6. The annual salary of the judge of the United States for the northern district of

Illinois shall hereafter be three thousand five hundred dollars.

The annual salary of the district judge of the United States for the district of Wisconsin shall hereafter be twenty-five hundred dollars.

The salary of the judge of the United States district court for the district of Michigan shall be three thousand dollars from and after the passage of this act.

Judgments.

1. Lien of judgments. Fees for searches.

2. Interest on judgments.

5 Stat. 393.

ments.

1. Judgments and decrees hereafter rendered in the circuit and district courts of the 4 July 1840 3 4. United States, within any state, shall cease to be liens on real estate or chattels real in the same manner and at like periods as judgments and decrees of the courts of such Lien of judg state now cease by law to be liens thereon; (a) and the respective clerks of the United States courts in such state shall receive the like fees for making searches and certificates Fees for searches respecting such liens as are now allowed for like services to the clerks of the supreme court of such state; (b) and the 8th, 9th and 10th sections of the act entitled "An act to amend the act of the 3d of March 1837, entitled 'An act supplementary to an act to amend the judicial system of the United States, and for other purposes,' passed March 3d, 1839,"(c) are hereby repealed.

5 Stat. 518.

ments.

2. On all judgments in civil cases, hereafter recovered in the circuit or district courts 23 Aug. 1842 § 8. of the United States, interest shall be allowed, and may be levied by the marshal, under process of execution issued thereon, in all cases where, by the law of the state in which Interest on judgsuch circuit or district court shall be held, interest may be levied under process of execution on judgments recovered in the courts of such state; to be calculated from the date of the judgment, and at such rate per annum, as is allowed by law, on judgments recovered in the courts of such state. (d)

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Kansas.

1. All that part of the territory of the United States included within the following 30 May 1854 2 19. limits, except such portions thereof as are hereinafter expressly exempted from the 10 Stat. 283. operations of this act, to wit: beginning at a point on the western boundary of the Territory of state of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the eastern boundary of New Mexico; thence north on Boundaries. said boundary to latitude thirty-eight; thence following said boundary westward to the east boundary of the territory of Utah, on the summit of the Rocky Mountains; thence northward on said summit to the fortieth parallel of latitude; thence east on said parallel to the western boundary of the state of Missouri; thence south with the western boundary of said state to the place of beginning; be, and the same is hereby, created into a temporary government by the name of the territory of Kansas; and when admitted Slavery.

(a) A judgment is a lien on a reversionary estate in land, exportant on the termination of a life estate. Burton v. Smith, 13 Fet. 464. A general lien by judgment does not constitute, per se, a property or right in the land itself; it only conveys a right to levy on the same, to the exclusion of other adverse interests subsequent to the judgment. Conard v. Atlantic Ins. Co., 1 Ibid. 443. The lien of a judgment and execution in the federal courts arises under the state laws. Clements v. Berry, 11 How. 411. But in those states where a judgment in the state courts creates a lien, a judgment in a court of the United States has that operation throughout the district to which its jurisdiction extends; and state legislation, modifying the lien of judgments or restricting their operation, cannot affect the lien of judgments in courts of

the United States. Massingill v. Downs, 7 Ibid. 760. Lombard r. Bayard, 1 Wall. Jr. 196. In re McGill, 6 Barr, 505.

(b) The general fee-bill of 1853 gives to the clerks of courts "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." See tit. Fees," 9. (e) 5 Stat. 338.

(d) See Brown v. Van Braam. 3 Dall. 344 Story . Livingston, 13 Pet. 359. Amis v. Smith, 16 Ibid. 311. Mitchell. Harmony, 13 How. 148-9.

30 May 1854.

er attached to other territories or states.

as a state or states, the said territory, or any portion of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at the time of May be divided, their admission: Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said territory into two cr more territories, in such manner and at such times as congress shall deem convenient and proper, or from attaching any portion of said territory to any other state or territory Indian rights not of the United States: Provided further, That nothing in this act contained shall be conto be impaired. strued to impair the rights of person or property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the territory of Kansas, until said tribe shall signify their assent to the president of the United States to be included Or authority of within the said territory of Kansas; or to affect the authority of the government of the United States to make any regulation respecting such Indians, their lands, property or treat with them other rights, by treaty, law or otherwise, which it would have been competent to the government to make if this act had never passed.

the general government to

affected.

8 July 1856 3 1. 11 Stat. 27.

2. The president of the United States is hereby authorized and directed to cause the southern boundary line of the territory of Kansas, between the state of Missouri and Southern boun- the territory of New Mexico, to be surveyed and distinctly marked; and a plat of said dary to be sursurvey shall be deposited in the office of the secretary of the interior, and another plat veyed, &c. of said survey shall be deposited in the office of the secretary of the territory of Kansas. II. EXECUTIVE AUTHORITY.

30 May 1854 20. 10 Stat. 284.

Governor.

Term of office.
Residence.

3. The executive power and authority in and over said territory of Kansas shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United States. The governor shall reside within said territory, and shall be commander-in-chief of the militia thereof. He may grant pardons and respites for offences against the laws of the said territory, and reprieves for offences against the laws of the United States, until the His powers, &c. decision of the president can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed.

Ibid. 21. Secretary.

duties.

4. There shall be a secretary of said territory, who shall reside therein, and hold his office for five years, unless sooner removed by the president of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereHis powers and inafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and journals of the legislative assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and July in each year, to the president of the United States, and two copies of the laws to the president of the senate and to the speaker of the house of representatives, to be depoWhen to act as sited in the libraries of congress; and, in case of the death, removal, resignation or absence of the governor from the territory, the secretary shall be, and he is hereby authorized and required to execute and perform all the powers and duties of the governor during such vacancy or absence, or until another governor shall be duly appointed and qualified to fill such vacancy.

governor.

30 May 1854 2 22. 10 Stat. 284.

Constitution of

the legislative assembly.

Council.

House of representatives.

III. LEGISLATIVE POWER.

5. The legislative power and authority of said territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of thirteen members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall, at its first session, consist of twenty-six members, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. The number of representatives may be increased by the legislative assembly, from time to time, in proportion to the increase of qualified voters: Provided, That the whole number shall never exceed thirty-nine. An Apportionment. apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the council and representatives, giving to each section of the territory representation in the ratio of its qualified voters as nearly as may be. And the members of the council and of the house of representatives shall reside in, and be inhabitants of, the district or county or counties, for which they may be elected, respectively. Previous to the first election, the governor shall cause a census, or enumeration of the inhabitants and qualified voters of the several counties and districts of the territory, to be taken by such persons and in such mode as the governor shall desig

Residence.

Census.

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