Service of sub SEC. 4. And be it further enacted, That every such witness shall be luly served with such subpoena, by a copy thereof being delivered to pœna. him or her, or left at his or her usual place of abode, at least five days before the day on which the attendance of the witness is required: Provided, That no witness shall be required to attend an examination out of the county or parish in which he or she may reside, or be served with a subpoena. Proviso. Penalty for or SEC. 5. And be it further enacted, That any person summoned in the manner herein before directed, and refusing or neglecting to attend neglecting refusing to atand testify, unless prevented by sickness or unavoidable necessity, shall tend or testify. forfeit and pay the sum of twenty dollars, to be recovered, with costs of suit, by the party at whose instance the subpoena was issued, and for his use, by an action of debt, in any court of the United States, and shall also be liable to an indictment for a misdemeanor, and punishment by fine and imprisonment. SEC. 6. And be it further enacted, That the party at whose instance Notice to be such subpoena may be issued, shall, at least ten days before the day given to opposite party of intenappointed for the examination of the witnesses, give notice, in writing, tion to examine to the opposite party of his intention to examine witnesses, which no- witnesses. tice shall contain a statement of the time and place of the proposed examination, the name of the officer who shall conduct the same, the names of the witnesses to be examined, and their places of residence, which notice shall be served by leaving a copy with the person to be notified, or at his usual place of abode : Provided, That neither party shall give notice of taking testimony at different places at the same time, or without allowing an interval of at least five days between the close of taking testimony at one place and its commencement at another. Proviso. Examination of witnesses. SEC. 7. And be it further enacted, That all witnesses who shall attend in obedience to said subpoena, or who shall attend voluntarily at the time and place appointed, of whose examination notice has been given as provided in the next preceding section, shall then and there. be examined on oath or affirmation, by the magistrate who issued the subpoena aforesaid, or, in case of his absence, by any other such magistrate as is authorized by this act to issue such subpoena, touching all such matters and things respecting the election about to be contested as shall be proposed by either of the parties aforesaid, or either of them, or by their or either of their agents; and the testimony of the witnesses, together with the questions proposed by the parties or their agents, the said magistrate is hereby authorized and required to cause to be reduced to writing, in his presence, and in the presence of the parties or their agents, if attending, and to be duly attested by the witnesses respectively, after which he shall immediately transmit by Testimony to mail the said testimony, duly certified under his hand, and sealed up, to the clerk of be transmitted to the clerk of the House of Representatives for the time being, to the gether with a copy of the subpoena and of the notice served upon the Representatives. party, as provided in the preceding section, and of the proof of the service of such notice. House of Production of SEC. 8. And be it further enacted, That the said magistrate shall SEC. 9. And be it further enacted, That the testimony taken by the the matter stated Testimony to parties to the contest, or either of them, shall be confined to the proof be confined to or disproof of the facts alleged or denied in the notice and answer in the notice and mentioned in the first and second sections of this act; and no testimony answer; and shall be taken after the expiration of sixty days from the day on which Testimony to be finished with the answer of the member returned shall be served upon the contestin 60 days from ant; and a copy of the notice of contest, and of the answer of the service of an- returned member, shall be prefixed to the depositions taken, and transCopy of notice mitted with them to the clerk of the House of Representatives: Proand answer to be vided, That the House may, at their discretion, allow supplementary prefixed to the evidence to be taken after the expiration of said sixty days. swer. depositions. Proviso. SEC. 10. And be it further enacted, That when no such magistrate In certain cases as is by the third section of this act authorized to take depositions the testimony may be taken shall reside in the congressional district from which the election is before justices proposed to be contested, it shall be lawful for either party to make of the peace. Fees of witnesses. trates. application to any two justices of the peace residing within the said district, who are hereby authorized to receive such application, and jointly to proceed upon it in the manner herein before directed. SEC. 11. And be it further enacted, That every witness attending by virtue of such subpœna as is herein directed to be issued, shall be allowed the sum of seventy-five cents for each day's attendance, and the further sum of five cents for every mile necessarily travelled in going and returning, which allowance shall be ascertained and certified by the magistrate taking the examination, and shall be paid by the Fees of magis- party at whose instance such witness was summoned; and each judge, justice, chancellor, mayor, recorder, intendant, and justice of the peace who shall be necessarily employed pursuant to the provisions of this act, and all sheriffs, constables, or other officers who may be employed to serve any subpoena or notice herein provided for, shall be entitled to receive from the party at whose instance the service shall have been performed, such fee or fees as are or may be allowed for similar services in the States wherein such service may be rendered respectively. APPROVED, February 19, 1851. Feb. 27, 1851. CHAP. XII. - An Act to supply Deficiencies in the Appropriations for the Service of the Fiscal Year ending the thirtieth of June, one thousand eight hundred and fifty-one. 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 supply deficiencies in the appropriations for the service of the fiscal year ending the thirtieth of June, one thousand eight hundred and fifty-one, out of any moneys in the treasury not otherwise appropriated, namely: For additional compensation to four watchmen north-east exec- in the north-east executive building, five hundred and forty dollars. utive building. For salaries of the judges in the northern and southern districts of California, three thousand two hundred and fifty dollars. Watchmen in Judges in Čalifornia. Watchmen in State Department. Treasury Department. For additional compensation to eight south-east exec- watchmen in the south-east executive building, one thousand and utive building. eighty dollars. Office of first ury. For contingent expenses in the office of the first auditor of the auditor of treas- treasury, for cases for the records, documents, and official papers preserved in the office, and for new furniture, this sum having been transferred, per act September thirtieth, eighteen hundred and fifty, as an addition to the salary of one of the recording clerks, two hundred dollars. Office of Indian affairs. For contingent expenses of office of Indian affairs, nine hundred and twenty-two dollars and five cents. Office of third ury. Proviso as to For compensation to clerks employed by the Secretary of the Treasury, in the third auditor's office, on the examination of muster and auditor of treaspay-rolls of the war of eighteen hundred and twelve, and Indian wars, in addition to an undrawn balance of appropriation for the month of July last, twelve thousand dollars: Provided, That no clerk shall receive more than at the rate of one thousand dollars per annum under clerks. this act, except one whose salary shall be sixteen hundred dollars per annum, and four others whose per diem pay shall be four dollars. For contingencies incident thereto, such as printing, binding rolls, Contingencies. desks, office furniture, and labor, five hundred dollars. Watchmen in north-west executive building. Rented build War Department. For additional compensation to four watchmen in the north-west executive building, five hundred and forty dollars. For compensation of superintendent of rented building corner of F and Seventeenth Streets, from first of October, eighteen hundred and ing. fifty, to thirtieth June, eighteen hundred and fifty-one, at two hundred and fifty dollars per annum, one hundred and eighty-seven dollars and fifty cents. For compensation of four watchmen, from first of October, eighteen hundred and fifty, to thirtieth June, eighteen hundred and fifty-one, fifteen hundred dollars. For contingent expenses of said building, twelve hundred and seventy dollars. Subsistence To replace an amount obtained from the subsistence department, which was applied to the service of the quartermaster's department last department. year, and is a charge on the appropriation for the present year, two hundred and seventy-five thousand dollars. For the amount of drafts drawn, the proceeds of which were applied to the service of the quartermaster's department in the last year, and have been paid from the appropriations for the present year, two hundred and sixty-four thousand one hundred and seventeen dollars and three cents. Quartermasdepart ter's To supply a deficiency on account of claims yet to be discharged, Indian hostiliunder the head of preventing and suppressing Indian hostilities in Flor- ties in Florida. ida, seventy-five thousand dollars. Watchmen in post-office de Post-Office Department. For additional compensation to three watchmen in the post-office department, four hundred and five dollars. For contingent expenses of the office of the auditor of the post-office Contingencies. department, for furniture and labor rendered necessary in consequence of the increase of business and number of clerks, and for deficiency in estimate, one thousand seven hundred dollars. Interior Department. For temporary clerks in the pension-office, in addition to the balance of appropriations now on hand, thirty-two thousand nine hundred and thirty-three dollars and twenty-seven cents: Provided, That said temporary clerks shall not be allowed more than three dollars and thirty-three and one third cents per day. For salary of recorder of land titles in Missouri, five hundred dollars. For compensation of the surveyor-general of Oregon, sixteen hundred dollars. For salaries of the attorney and marshal of the Territory of New Mexico, four hundred dollars. For salaries of the governor, judges, secretary, attorney, and marshal of the Territory of Utah, eight thousand dollars. Temporary clerks in pension office. Proviso as to pay. Recorder in Missouri. Surveyor-general of Oregon. New Mexico. Utah. Legislative as For compensation and mileage of members of the legislative assembly, officers, clerks, and contingent expenses, twenty-four thousand sembly. dollars. For invalid pensions, under various acts, one hundred and sixty- Invalid three thousand dollars. For pensions to widows and orphans, under the acts of the fourth sions. pen. Pensions to of July, eighteen hundred and thirty-six, and twenty-first July, eighteen widows and or hundred and forty-eight, seventy-four thousand eight hundred and phans. 1836, ch. 362. twenty dollars. 1848, ch. 108. 1838, ch. 189. 1843, ch. 102. 1844, ch. 102. 1848, ch. 8 For pensions to widows, under the act of seventh July, one thousand eight hundred thirty-eight, fifty-six thousand dollars. For pensions to widows, under the act of the third of March, one thousand eight hundred and forty-three, twelve thousand dollars. For pensions to widows, under the acts of the seventeenth of June, one thousand eight hundred and forty-four, second of February, one and ch. 120. thousand eight hundred and forty-eight, and twenty-ninth of July, one thousand eight hundred and forty-eight, forty-four thousand dollars. For fulfilling treaty with Wyandots, one hundred and eighty-seven thousand dollars. Treaty with Wyandots. Treaty with Utahs. Treaty with Navajoes. For fulfilling treaty with the Utahs, eighteen thousand dollars. For fulfilling treaty with the Navajoes, eighteen thousand dollars. For arrearages of compensation, from first of October, eighteen Indian agents hundred and fifty, to thirtieth June, eighteen hundred and fifty-one, to in California. the Indian agents for the Indian tribes of California, six thousand seven hundred and fifty dollars. Treaties with For expenses of holding treaties with the various tribes of Indians Indians in Cali- in California, in addition to the appropriation of the thirtieth of September, eighteen hundred fifty, twenty-five thousand dollars. fornia. Removal and subsistence of the Chippewas. Vol. vii. p. 536. Vol. vii. p. 521. 1850, ch. 91. Old-settler party of Cherokees. 1850, ch. 91. For expenses of removal and subsistence of the Chippewas of Lake Superior and the Mississippi from the lands ceded under the treaties of the twenty-ninth of July, one thousand eight hundred and thirtyseven, and fourth of October, one thousand eight hundred and fortytwo, in addition to appropriation of thirtieth September, eighteen hundred and fifty, twenty-five thousand dollars. For expenses of the removal of the sub-agency for the Chippewas of Lake Superior and the Mississippi from the old site at Lapointe to the new one, including the erection of necessary buildings, three thousand dollars. For compensation and expenses of the committee of old-settler party the of Cherokees, their clerks, &c., for services rendered in pursuance of the provisions contained in the fifth article of the treaty of seventeenth August, eighteen hundred and forty-six, in addition to the appropriation of thirtieth of September, eighteen hundred and fifty, in full for all service rendered, or hereafter to be rendered, one thousand five hundred dollars. Wild tribes of the prairie. Choctaws. Winnebagoes. Vol. vii. p. 545. Cherokees. For expenses of holding treaties with the wild tribes of the prairie, and for bringing delegates on to the seat of government, one hundred thousand dollars. For expenses of the removal and subsistence of the Choctaws from the State of Mississippi to the Choctaw country west of that river, in addition to former appropriations for that object, twenty thousand dollars. For payment to the Winnebago Indians, of this sum erroneously charged against the fund of ten thousand dollars set apart (out of the consideration to be paid for the lands ceded) by the eighth clause of the fourth article of the treaty of the first of November, eighteen hundred and thirty-seven, six thousand two hundred and twenty-eight dollars and twenty-eight cents. For payment to the Cherokee nation, the sum of seven hundred and twenty-four thousand six hundred and three dollars and thirty-seven cents, and interest on the above sum, at the rate of five per centum per annum, from twelfth day of June, eighteen hundred and thirty-eight, until paid, shall be paid to them out of any money in the treasury not otherwise appropriated; but no interest shall be paid after the first of April, eighteen hundred and fifty-one, if any portion of the money is then left undrawn by the said Cherokees: Provided, however, That the sum now appropriated shall be in full satisfaction and a final settlement of all claims and demands whatsoever of the Cherokee nation against the United States, under any treaty heretofore made with the Cherokees. And the said Cherokee nation shall, on the payment of said sum of money, execute and deliver to the United States a full and final discharge for all claims and demands whatsoever on the United States, except for such annuities in money or specific articles of property as the United States may be bound by any treaty to pay to said Cherokee nation, and except, also, such moneys and lands, if any, as the United States may hold in trust for said Cherokees: And provided, further, That the money appropriated in this item shall be paid in strict conformity with the treaty with said Indians of sixth August, eighteen hundred and forty-six. For reappropriation of the following sums, (carried to the surplus fund on the thirtieth June, eighteen hundred and forty-six, and the thirtieth June, one thousand eight hundred and forty-seven,) under the following heads : Fulfilling treaties with the Kansas, eight thousand seven hundred and seven dollars and twenty-one cents. For fulfilling treaties with the Wyandots, three hundred and fiftyfive dollars and twenty-eight cents. Support of blacksmiths, &c., for Osages, six thousand five hundred and six dollars and fifty-nine cents. Payment of claims for Osage depredations, fourteen thousand three hundred and seventy-five dollars and fifty cents. For purchase of cows and calves for Osages, three hundred and twelve dollars and sixteen cents. For continuing the collection, and for publishing the statistics and other information, authorized by the act of the third of March, eighteen hundred and forty-seven, and subsequent acts, fifteen thousand three hundred dollars. For supplying deficiency in the amount appropriated at the last session for the same object, four thousand and sixty-one dollars. Proviso. Proviso. 1847, ch. 66. 1850, ch. 91. Agent for For expenses of an agent to collect information to enable the department to execute the law of Congress providing for the per capita Cherokees. payment to Cherokees, under the treaty of eighteen hundred and thirty- Vol. vii. p. 478. five, so far as relates to those Indians east of the Mississippi, one thousand five hundred dollars. For removal and subsistence of Indians, fifty-two thousand five hundred and ten dollars and thirty-seven cents. This sum is required in order to settle the claim adjudicated by the accounting officers of the treasury, in favor of the Chickasaw nation of Indians, for losses, &c., in provisions purchased in eighteen hundred and thirty-seven. Chickasaws. Texas volun For the pay of the several companies, and the expenses of three companies of Texas volunteers, called into service by requisition of teers. Brevet Major-General Brook, two hundred and thirty-six thousand nine hundred and thirty-four dollars and thirty-four cents: Provided, That Proviso. the pay and allowances conform to the pay and allowances of similar troops employed during the war with Mexico. For expenditures incident to the issue of the ten millions dollars of stock for Texan indemnity, ten thousand dollars. For reimbursing the State of Florida, under such rules and regulations as have heretofore governed the adjustment of similar claims of the several States on the United States, for moneys advanced and paid, and for expenses incurred and obligations contracted by said State, for subsistence, supplies, and services of local troops called into service during the year eighteen hundred and forty-nine, by and under the authorities of said State, seventy-five thousand dollars. Texan indemnity contingencies. Florida. |