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Stat. at Large, CHAP. CCCII. An Act to amend an Act entitled "An Act making Appropriations for sundry Civil Expenses of the Government for the Year ending the thirtieth of June, eighteen hundred and fifty-nine.

Vol. XIV. p. 341. 1858, ch.154,§ 17. Vol. xi. p. 327. Secretary of Be it enacted, &c. That the proviso to the seventeenth section of the act Treasury may to which this act is an amendment be altered so as to read as follows: appoint disbursing agent, where And provided further, That where there is no collector at the place of there is no col- location of any public work herein specified, the Secretary of the Treaslector at place of location of shall have power to appoint a disbursing agent for the payment of all any ury public work. moneys that are, or may be hereafter, appropriated for the construction of any such public work, with such compensation as he may deem equitable and just, and all laws and parts of laws in conflict with the provisions of this section be, and the same are hereby, repealed.

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Stat. at Large, CHAP. XXVIII. An Act to amend "An Act to establish the judicial Courts of the Vol. XIV. p. 385. United States," approved September twenty-fourth, seventeen hundred and eighty-nine.

1789, ch. 20.

Vol. i. 73.
p.
The United

States courts and

judges, in addition to present authority, may grant writs of habeas corpus in

certain cases. Proceedings in applications for the writ.

Be it enacted, &c. That the several courts of the United States, and the several justices and judges of such courts, within their respective jurisdictions, in addition to the authority already conferred by law, shall have power to grant writs of habeas corpus in all cases where any person may be restrained of his or her liberty in violation of the constitution, or of any treaty or law of the United States; and it shall be lawful for such person so restrained of his or her liberty to apply to either of said justices or judges for a writ of habeas corpus, which application shall be in writing and verified by affidavit, and shall set forth the facts concerning the detention of the party applying, in whose custody he or she is detained, and by virtue of what claim or authority, if known; and the said justice or judge to whom such application shall be made shall forthwith award a writ of habeas corpus, unless it shall appear from the petition itself that the party is not deprived of his or her liberty in contravention of the constitution or laws of the United States. Said writ shall be directed to the person in whose custody the party is detained, who shall make return of said writ made, and with- and bring the party before the judge who granted the writ, and certify the true cause of the detention of such person within three days thereafter,

The writ to be awarded forth

with, unless, &c.

Writ how to be directed.

Return to be

in what time.

time.

in the return and

allege others.

Return may be amended, &c. Court or

the writ, &c.; refusing to obey

for not making return, or making a false return.

unless such person be detained beyond the distance of twenty miles; and if beyond the distance of twenty miles and not above one hundred miles, Upon the rethen within ten days; and if beyond the distance of one hundred miles, turn, a day to be set for hearing then within twenty days. And upon the return of the writ of habeas the case, and corpus a day shall be set for the hearing of the cause, not exceeding five within what days thereafter, unless the party petitioning shall request a longer time. Petitioner The petitioner may deny any of the material facts set forth in the return, may on oath deor may allege any fact to show that the detention is in contravention of ny facts set forth the constitution or laws of the United States, which allegations or denials shall be made on oath. The said return may be amended by leave of the court or judge before or after the same is filed, as also may all suggestions made against it, that thereby the material facts may be ascertained. The judge to detersaid court or judge shall proceed in a summary way to determine the facts mine the facts of the case, by hearing testimony and the arguments of the parties inter- discharge the summarily, and ested, and if it shall appear that the petitioner is deprived of his or her petitioner if, &c. liberty in contravention of the constitution or laws of the United States, Penalty for he or she shall forthwith be discharged and set at liberty. And if any person or persons to whom such writ of habeas corpus may be directed shall refuse to obey the same, or shall neglect or refuse to make return, or shall make a false return thereto, in addition to the remedies already given by law, he or they shall be deemed and taken to be guilty of a misdemeanor, and shall, on conviction before any court of competent jurisdiction, be punished by fine not exceeding one thousand dollars, and by imprisonment not exceeding one year, or by either, according to the nature and aggravation of the case. From the final decision of any judge, justice, or court, inferior to the circuit court, an appeal may be taken to the circuit Appeals. court of the United States for the district in which said cause is heard, and from the judgment of said circuit court to the Supreme Court of the United States, on such terms and under such regulations and orders, as well for the custody and appearance of the person alleged to be restrained lations, and orders respecting of his or her liberty, as for sending up to the appellate tribunal a tran- appeals, &c. script of the petition, writ of habeas corpus, return thereto, and other proceedings, as may be prescribed by the Supreme Court, or, in default of such, as the judge hearing said cause may prescribe; and pending such Pending proproceedings or appeal, and until final judgment be rendered therein, and ceedings or appeal, and after after final judgment of discharge in the same, any proceeding against final judgment such person so alleged to be restrained of his or her liberty in any State discharging the court, or by or under the authority of any State, for any matter or thing proceedings in petitioner, all so heard and determined, or in process of being heard and determined, un- State court to be der and by virtue of such writ of habeas corpus, shall be deemed null null. and void.

Terms, regu

issued.

SEC. 2. That a final judgment or decree in any suit in the highest Writs of error court of a State in which a decision in the suit could be had, where is from the Supremie Court of drawn in question the validity of a treaty or statute of, or an authority the United exercised under, the United States, and the decision is against their valid- States, for what ity, or where is drawn in question the validity of a statute of or an au- causes may be thority exercised under any State, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution, or any treaty or statute of or commission held, or authority exercised under the United States, and the decision is against the title, right, privilege, or immunity specially set up or claimed by either party under such constitution, treaty, statute, commission, or authority, may be re-examined and reversed or affirmed in the Supreme Court of the United States, upon a writ of error, the citation being signed by the chief justice, or judge, or chancellor of the court rendering or passing the judgment or decree complained of, or by a justice of the Supreme Court of the United States, in the same manner, and under the same regulations, and the writ shall have the same effect, as if the Effect of writ.

Citation, how signed.

Proceedings upon reversal.

Supreme Court may award execution, or remand to the lower court.

judgment or decree complained of had been rendered or passed in a court of the United States; and the proceeding upon the reversal shall also be the same, except that the Supreme Court may, at their discretion, proceed to a final decision of the same, and award execution, or remand the same to an inferior court. This act shall not apply to the case of any person who is or may be held in the custody of the military authorities of the United States, charged with any military offence, or with having aided or to apply to cer- abetted rebellion against the government of the United States prior to the passage of this act.

This act not

tain cases.

Stat. at Large,

Vol. XIV. p. 393.

Further appropriation for the Post-Office Department.

Service between the United States and Brazil;

na.

San Francisco,

Steamships

No. 535. - FEBRUARY 18, 1867.

CHAP. XLI. -An Act making Appropriations for the Service of the Post-Office Department during the Fiscal Year ending June thirtieth, eighteen hundred and sixty-eight, and for other Purposes.

SEC. 2. That the following sums, or so much thereof as may be necessary, be, and the same are hereby, appropriated for the year ending June thirtieth, eighteen hundred and sixty-eight, out of any money in the treasury not otherwise appropriated:

For the mail steamship service between the United States and Brazil, one hundred and fifty thousand dollars.

For the mail steamship service between San Francisco, Japan, and Japan, and Chi-' China, five hundred thousand dollars: Provided, That so much of the act of Congress, approved February seventeenth, eighteen hundred and sixtyfive, authorizing said service, as requires the said steamship[s] to touch at Honolulu, in the Sandwich Islands, shall be, and the same is hereby, repealed; upon the express condition, however, that the contractors for said Vol. xiii. p. 430. steamship service shall enter into contract to the satisfaction of the Post

need not touch

at Honolulu.

1865, ch. 37.

Branch line from Japan to Shanghae.

Service to be by what vessels.

Overland mail and marine mail transportation.

Transfer of

clerks to office

of auditor of

treasury for the Post-Office De

master-General, agreeing to establish, within five months from the passage of this act, in lieu of said service released, a branch line of steamship service, carrying the United States mails, between the port in Japan used by the main line of steamships and the port of Shanghae in China, making continuous regular trips, connecting with the main line, both on the outward and homeward voyages, under the direction of the PostmasterGeneral; which service shall be performed by first-class American seagoing steamships, and without additional charge to the United States.

For the overland mail transportation between the Missouri River and Folsom, and for marine mail transportation between New York and California, nine hundred thousand dollars.

SEC. 3. That the Secretary of the Treasury is hereby authorized to transfer two clerks from the third class to class four in the office of the auditor of the treasury for the Post-Office Department, and a sum sufficient to pay the increased compensation required by said transfer, for the remainder of the current year, and the fiscal year ending June thirtieth, Appropriation. eighteen hundred and sixty-eight, is hereby appropriated out of any money in the treasury not otherwise appropriated.

partment.

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Stat. at Large, CHAP. XLII,➡ An Act supplementary to an Act to prevent Smuggling, and for other Vol. XIV. p. 394. Purposes, approved July eighteen, eighteen hundred and sixty-six. 1866, ch. 201. Ante, p. 476.

Provisions of smuggling, not

act to prevent

Be it enacted, &c. That the provisions of the act of Congress approved July eighteen, eighteen hundred and sixty-six, entitled "An act to prevent smuggling and for other purposes," shall be so construed as not to affect any right of suit or prosecution which may have accrued under any prior acts of Congress repealed or supplied by said act, previous to July eighteen, eighteen hundred and sixty-six; and all such suits or prosecutions as have been, or shall be, commenced under such prior acts, for acts comSuits, &c. may

to affect any right or suit pending at the time of its pas

sage.

mitted previous to July eighteen, eighteen hundred and sixty-six, shall be be tried and disposed of. tried and disposed of, and judgment or decree executed as if said act of July eighteen, eighteen hundred and sixty-six, had not been passed, anything therein contained to the contrary notwithstanding.

Coasting ves

ports on Lake

SEC. 2. That section twenty-six of the act aforesaid be so amended that the Secretary of the Treasury be, and he is hereby, authorized in his sels between discretion to make such regulations as shall enable vessels engaged in the Michigan laden, coasting trade between ports and places upon Lake Michigan exclusively &c. may unand laden with American productions and free merchandise only, to unlade their cargoes without previously obtaining a permit to unlade.

SEC. 3. That section twenty-five of said act be hereby amended by inserting the word "March" in the place of "July," in said section.

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CHAP. LXXVI. - An Act to authorize the construction of a Submerged Tubular Bridge across the Mississippi River at the City of Saint Louis.

lade without previous permit. 1866, ch.201, § 26. Ante, p. 483. March substituted for July.

Stat. at Large, Vol. XIV. p. 408.

Building of d

bridge author

Be it enacted, &c. That the "Mississippi Submerged Tubular Bridge Company," a corporation organized under the laws of the State of Missouri, be, and the same is hereby, empowered to construct, maintain, and operate a submerged iron tubular bridge across the Mississippi River, between the city of Saint Louis, in the State of Missouri, and the city of East Saint Louis, in the State of Illinois, subject to all the conditions contained in said act of incorporation and not inconsistent with the provisions of this act. And in case of any litigation arising from any obstruction, or alleged Trials for obobstruction to the free navigation of said waters, the cause may be tried struction to navbefore the district court of the United States of any State in which any portion of said obstruction or bridge touches.

SEC. 2. That any bridge built under the provisions of this act shall be tubular in construction, and sunk below the bed of said river, so that the top of said structure shall be below the bed of the channel of the Mississippi River, and so that the same shall in no wise interfere with or obstruct navigation when completed, or prevent a safe and expeditious transit for all classes of vessels upon said river during construction.

igation.

Top of bridge bed of the river.

to be below the

Such bridge a lawful structure

Charges for

SEC. 3. That any bridge erected under the provisions of this act shall be a lawful structure, and shall be recognized and known as a post route, and post route. upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, the munitions of war of the United transportation. States, than the rate per mile which the railroad companies terminating at either end receive for said services.

SEC. 4. That no exclusive right or privilege shall ever be granted to any of the steam railroads now concentrating at Saint Louis or East Saint Louis by the said bridge company to use the same, but it shall be equally open to all, under such regulations and at such charges as may be fixed, not to exceed those now charged by the Wiggins Ferry Company.

No. 538. FEBRUARY 25, 1867.

CHAP. LXXVIII. - An Act to amend the twenty-first Section of an Act entitled "An Act further to prevent Smuggling, and for other Purposes," approved July eighteenth, eighteen hundred and sixty-six.

Bridge to be

open equally to roads.

all steam rail

Charges.

Stat. at Large, Vol. XIV. p. 410. 1866, ch.201,§ 21. Ante, p. 481. Forfeiture of

for steam tug

Be it enacted, &c. That section twenty-one of an act entitled "An act to prevent smuggling, and for other purposes," approved July eighteenth, fifty cents a ton eighteen hundred and sixty-six, be amended by adding to said section boats not of the twenty-one the following proviso: "Provided, That this section shall not United States, apply, or be held to apply, to any case where the said towing, in whole or towing, &c. not employed in in part, is within or upon foreign waters. And provided, That any for- to apply to cereign railroad company or corporation, whose road enters the United States tain towing.

by means of a ferry or tug-boat, may own such boat, and it shall be subject to no other or different restrictions or regulations in such employment than if owned by a citizen of the United States."

Stat, at Large, CHAP. LXXXI. Vol. XIV. p. 410.

Collection dis

tricts of Oxford

and Vienna in Maryland abolished, &c.

Oxford district

to be annexed to the district of Baltimore.

District of

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-An Act to change certain Collection Districts in Maryland and
Virginia.

Be it enacted, &c. That the districts of Oxford and Vienna, in the State of Maryland be, and the same are hereby, abolished, and the office of collector of both said districts is hereby discontinued.

SEC. 2. That the district of Oxford, in said State, shall be annexed to the district of Baltimore; and all that part of the district of Vienna, in said State, bordering on the sea-coast, and all the waters which flow into the sea or bays on the east side of said district of Vienna, be, and the Vienna annexed same are hereby, annexed to the district of Cherry-Stone, in the State of in part to Cher- Virginia, and that all the residue of said district of Vienna be, and the ry-Stone district, same is hereby, made a new district, to be called the eastern district, and that the collector of said eastern district shall receive an annual salary of twelve hundred dollars, and shall reside at Crisfield, which shall be the port of entry for said new district.

and the rest made the eastern district.

Collector, salary, residence. Crisfield to be

the port of entry.

Offices of a certain deputy collector and

SEC. 3. That the offices of surveyor at Snow Hill, and of deputy collector at Annamasset and Deal's Island be, and the same are hereby, discontinued.

SEC. 4. That all acts and parts of acts inconsistent with this act are surveyor discon- hereby repealed.

tinued.

Repealing

clause.

Stat. at Large, Vol. XIV. p. 411. Four collec

tion districts esNorth Carolina.

tablished in

Albemarle.

at Plymouth.

Pamlico.

CHAP. LXXXII.

No. 540.- FEBRUARY 25, 1867.

An Act relative to Collection Districts in North Carolina.

Be it enacted, &c. That from and after the first day of October, anno Domini eighteen hundred and sixty-six, there shall be in the State of North Carolina four collection districts, to wit: one, to be called the district of Albemarle, which shall include Albemarle, Currituck, and Croatan sounds, and all the waters, shores, harbors, rivers, creeks, bays, and inlets adjacent to and flowing into the said sounds, together with that part of Pamlico sound north of and including Loggerhead inlet, and all waters Port of entry and shores appertaining thereto. And the port of entry for said district shall be at Plymouth. Another to be called the district of Pamlico, which shall include Pamlico sound, and all the waters, shores, harbors, rivers, creeks, bays, and inlets adjacent to and flowing into said sound, exclusive of the district of Albemarle, and including the south line of Neuse River to the northern entrance of Core sound, and the port of entry for said district of Pamlico shall be at Newbern. Another to be called the district of Beaufort, which shall include all the waters, shores, harbors, creeks, bays, and inlets south of the district of Pamlico, and north of and including New River and inlet; and the port of entry for said district of Beaufort shall be at Beaufort. And another to be called the district of Wilmington, which shall include all waters, shores, harbors, creeks, bays, and inlets south of the district of Beaufort to the southern boundary of Port of entry the said State, and the port of entry for said district of Wilmington shall at Wilmington. Collectors, apbe at Wilmington. And the collector of each of said districts shall reside pointment, resi- at the port of entry thereof, and shall be appointed by the President by dence, salary. and with the advice and consent of the Senate, and receive a salary at the rate of one thousand dollars per annum in addition to the fees of office: Provided, That such compensation shall in no case exceed the sum of twenty-five hundred dollars per annum in the aggregate.

Port of entry at Newbern. Beaufort.

Port of entry

at Beaufort.

Wilmington.

Proviso.

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