intention of this act in establishing said branch, also for the purpose of preserving uniformity of weight, form, and finish in the coin stamped at said branch. Branch mint to to be assistant treasurer. SEC. 5. And be it further enacted, That said branch mint shall be a place of deposit for such public moneys as the Secretary of the Treasury be a place of demay direct. And the superintendent of said branch mint, who shall per- moneys. form the duties of treasurer thereof, shall have the custody of the same, and Superintendent also perform the duties of assistant treasurer; and for that purpose shall be subject to all the provisions contained in an act entitled "An act to provide for the better organization of the treasury, and for the collection, safe-keeping, transfer, and disbursement of the public revenue," approved August six, eighteen hundred and forty-six, which relates to the treasury of the branch mint at New Orleans. 1846, ch. 90. Vol. ix. p. 59. Certificates of SEC. 6. And be it further enacted, That the superintendent of said branch mint be authorized, under the direction of the Secretary of the deposit may be paid for gold Treasury, and on terms to be prescribed by him, to issue in the payment dust and bullion. of the gold dust and bullion deposited for assay and coinage, or bars, drafts, or certificates of deposit, payable at the treasury, or any subtreasury of the United States, to any depositor electing to receive payment in that form. Laws for regu &c., to apply to SEC. 7. And be it further enacted, That all the laws and parts of laws now in force for the regulation of the mint of the United States, and for lation of mint, the government of the officers and persons employed therein, and for the this branch. punishment of all offences connected with the mint or coinage of the United States, shall be, and they are hereby, declared to be in full force in relation to the branch of the mint by this act established, as far as the same may be applicable thereto. SEC. 8. And be it further enacted, That the sum of one hundred thou- Appropriation sand dollars be, and the same is hereby, appropriated, out of any money effect. to carry act into in the treasury not otherwise appropriated, to carry into effect the provisions of this act, and to meet the expenses of the current year, and for the fiscal year ending the thirtieth day of June, 1865. APPROVED, July 4, 1864. - An Act to regulate Proceedings in Cases between Landlord and Ten- July 4, 1864. ants in the District of Columbia. Tenancy at ferance; may be deter notice, and how Be it enacted by the Senate and House of Representatives of the United. States of America in Congress assembled, That a tenancy at will shall not arise or be created without an express contract or letting to that effect, will and by sufand that all occupation, possession, or holding of any messuage or real estate without express contract or lease, or by such contract or lease the terms of which have expired, shall be deemed and held to be tenancies by sufferance; and all estates at will and sufferance may be determined' by a notice, in writing, to quit, of thirty days, delivered to the tenant in hand, or to some person of proper age upon the premises, or in the absence mined by what of such tenant or person, then such notice may be served by affixing the served. same to a conspicuous part of the premises, where it may be conveniently read. The attornment of a tenant to a stranger shall be void, and shall not affect the rights of the landlord, unless it be made with the consent, express or implied, of the landlord: Provided, That no part of this section other than that which relates to attornment of a tenant to a stranger shall apply to contracts made, or to any tenancy existing prior to the passage of this act, except in cases of waste, or refusal to pay rent. SEC. 2. And be it further enacted, That when forcible entry is made, or when a peaceable entry is made and the possession unlawfully held by detainer, &c. force, or when possession is held without right, after the estate is determined by the terms of the lease by its own limitation, or by notice to quit, or otherwise, on written complaint on oath of the person entitled to the In cases of forcible entry, or Summons to issue, &c. Proceedings if at trial defendant pleads title. how tried. If defendant premises, to a justice of the peace, charging a forcible entry or detainer of real estate as aforesaid, a summons may be issued to a proper officer, commanding the person complained of to appear and show cause why judgment should not be rendered against him, which shall be served like other writs of summons at least seven days before his appearance. If it appears by default or upon trial that the complainant is entitled to the possession of the premises, he shall have judgment and execution for the possession and costs; if the complainant becomes nonsuit and fails to prove his right to possession, the defendant shall have judgment and execution for his costs. SEC. 3. And be it further enacted, That if, upon trial, defendant pleads title to the premises in himself, or in another person under whom he claims the premises, he shall recognize in a reasonable sum to the complainant, to be fixed by said justice, with sufficient sureties, conditioned to pay all intervening damages and costs and reasonable intervening rent for the premises; and the complainant shall in like manner recognize to the defendant conditioned to enter the suit at the next term of the supreme court of the district, and pay all costs adjudged against him; and thereupon the proceedings shall be certified to said court by the justice. If either party neglects so to recognize, judgment shall be rendered against him as on nonsuit or default, and execution shall issue accordingly as aforesaid. SEC. 4. And be it further enacted, That either party against which Appeals, and judgment is rendered by a justice of the peace, may appeal from such judgment to the supreme court of the District of Columbia, in the same manner as appeals are taken to the said court in other cases; but in case of an appeal by a defendant, he shall, in addition to the bail required in other cases, recognize in a reasonable sum to the complainant, to be fixed by said justice, with sufficient sureties, conditioned to pay all intervening damages to the leased property resulting from waste and intervening rent vening damages. for the premises; and such appeals shall be tried in the same manner and further proceedings had therein according to the practice in appeals in other cases in said court. appeals, in addition to other bail, he must recog nize to pay inter SEC. 5. And be it further enacted, That on the trial of said suit in the supreme court of the district, if the jury find for complainant, they shall assess the damages and intervening rent; and in case of default the same shall be assessed by the court. SEC. 6. And be it further enacted, That the fees of the justice issuing the process, and hearing the issue, and making up the record, and certifying the same, and the officer for serving the process, shall be those allowed in civil causes. SEC. 7. And be it further enacted, That all acts and parts of acts inconsistent with this act are hereby repealed. APPROVED, July 4, 1864. CHAP. CCXLIV. - An Act to provide for the Supervision, Repairs, Liabilities, and Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of one hundred and fifty thousand dollars be, and the same is, hereby appropriated out of any money in the treasury not otherwise appropriated, for the purpose of constructing the dam of solid masonry across the Maryland branch of the Potomac River, near the Great Falls, and for constructing the conduit around the Receiving Resavoir [Reservoir], and for paying existing liabilities and expenses, engineering, superintendence, and repairs of said aqueduct. APPROVED, July 4, 1864. CHAP. CCXLV. An Act to regulate the Sessions of the Circuit and District Courts for the Northern District of New York, and for other Purposes. July 4, 1864. Times and district courts in Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That instead of the times now fixed by law for holding district courts of the United States for the north- places of holding ern district of New York, the said court shall hereafter be held at the the northern dis following times and places, that is to say, at the city of Albany on the trict of New third Tuesday of January; at the city of Utica on the third Tuesday in York. March; at the city of Rochester on the second Tuesday in May; at the city of Buffalo on the third Tuesday in August; at the city of Auburn on the third Tuesday in November; and, in the discretion of the judge of said court, one term annually at such time and in such place, within the counties of St. Lawrence, Clinton, Jefferson, Oswego, or Franklin, as the judge of said district shall from time to time appoint, by a notice of at least twenty days, to be published in the state paper of the State of New York, and also in one newspaper published at the place where the said court is to be held, which term shall be held only for the trial of issues of fact arising within the said counties; but nothing herein contained shall prevent the judge of said court from holding special terms thereof at the places above specified, or at any other places in said district, in addition to said regular terms, he shall deem necessary. circuit court in York. SEC. 2. And be it further enacted, That instead of the times and places Times and now provided by law for holding the terms of the circuit court of the places of holding United States for the northern district of New York, the said circuit court the northern disshall be held at the times and places following, that is to say: at the vil- trict of New lage of Canandaigua on the third Tuesday in June, at the city of Albany on the second Tuesday in October; and the term of said court appointed by this act to be held at the city of Albany in October shall, when it is adjourned, be adjourned to meet in the city of Albany the third Tuesday in January, and that the adjournment of said adjour[n]ed term shall be further adjourned to meet at the city of Utica on the third Tuesday in March, and the said adjourned term shall be held for the transaction of civil business only; and no jury shall be drawn for service therein exclusively, but the jury drawn to serve in the district court at the same time and place of the said adjourned terms of said circuit shall be used for the trial of issues of fact arising in civil causes in said circuit court, and the verdicts of said jury and all proceedings upon the trial of said issues shall be as valid and of the same effect as if the said jury had been drawn to serve in the said circuit court. SEC. 3. And be it further enacted, That no process issued or proceedings pending in either of said courts shall be avoided or impaired by the change of time and place of holding such court; but all process, bail bonds, and recognizances returnable at the next term of either of said courts, shall be returnable and returned to the said court next held according to this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly; and all continuances may be made to conform to the provisions of this act. Pending process in other court not avoided or impaired. SEC. 4. And be it further enacted, That in place and in lieu of the salary. Salary of now paid to the judge of the district court of the United States for the judge. northern district of New York, there shall be allowed and paid quarterly to said judge, out of the treasury of the United States, the sum of three thousand five hundred dollars per year. APPROVED, July 4, 1864. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the VOL. XIII. PUB. 33 July 4, 1864. Commissioner United States is hereby authorized, by and with the advice and consent of immigration to be appointed. of the Senate, to appoint a commissioner of immigration, who shall be subject to the direction of the Department of State, shall hold his office for four years, and shall receive a salary at the rate of two thousand five hundred dollars a year. The said commissioner may employ not more than three clerks, of such grade as the Secretary of State shall designate, to be appointed by him, with the approval of the Secretary of State, and to hold their offices at his pleasure. Term of office and salary. Clerks. Contracts by Advances may, if, &c., be a lien upou land after acquired by the eniigrant. SEC. 2. And be it further enacted, That all contracts that shall be emigrants pledg- made by emigrants to the United States in foreign countries, in conformity ing their wages to repay expenses of to regulations that may be established by the said commissioner, whereby emigration valid, emigrants shall pledge the wages of their labor for a term not exceeding and may be enforced. twelve months, to repay the expenses of their emigration, shall be held to be valid in law, and may be enforced in the courts of the United States, or of the several states and territories; and such advances, if so stipulated in the contract, and the contract be recorded in the recorder's office in the county where the emigrant shall settle, shall operate as a lien upon any land thereafter acquired by the emigrant, whether under the homestead law when the title is consummated, or on property otherwise acquired until liquidated by the emigrant; but nothing herein contained shall be deemed to authorize any contract contravening the Constitution of the United States, or creating in any way the relation of slavery or servitude. SEC. 3. And be it further enacted, That no emigrant to the United States who shall arrive after the passage of this act shall be compulsively enrolled for military service during the existing insurrection, unless such emigrant shall voluntarily renounce under oath his allegiance to the country of his birth, and declare his intention to become a citizen of the United States. No emigrant to be enrolled for military service, unless, &c. in New York. 'Emigrant office SEC. 4. And be it further enacted, That there shall be established in to be established the city of New York an office to be known as the United States Emigrant Office; and there shall be appointed, by and with the advice and Superintendent consent of the Senate, an officer for said city, to be known as superintend of immigration. tendent. ent of immigration, at an annual salary of two thousand dollars; and the said superintendent may employ a clerk of the first class; and such superintendent shall, under the direction of the commissioner of immiduties of superin- gration, make contracts with the different railroads and transportation companies of the United States for transportation tickets, to be furnished to such immigrants, and to be paid for by them, and shall, under such rules as may be prescribed by the commissioner of immigration, protect such immigrants from imposition and fraud, and shall furnish them such information and facilities as will enable them to proceed in the cheapest and most expeditious manner to the place of their destination. And such superintendent of immigration shall perform such other duties as may be prescribed by the commissioner of immigration: Provided, That the duties hereby imposed upon the superintendent in the city of New York shall not be held to effect the powers and duties of the commissioner of immigration of the State of New York; and it shall be the duty of said superintendent in the city of New York to see that the provisions of the act commonly known as the passenger act are strictly complied with, and all breaches thereof punished according to law. Certain persons under this act. SEC. 5. And be it further enacted, That no person shall be qualified not to be officers to fill any office under this act who shall be directly or indirectly interested in any corporation having lands for sale to immigrants, or in the carrying or transportation of immigrants, either from foreign countries to the United States and its territories, or to any part thereof, or who shall receive any fee or reward, or the promise thereof, for any service performed, or any benefit rendered, to any person or persons in the line of his duty under this act. And if any officer provided for by this act shall receive from any person or company any fee or reward, or promise thereof, for any services performed or any benefit rendered to any person or per- APPROVED, July 4, 1864. - Penalty on officer receiving any fee, &c., for official services. Report to congress, &c. Appropriation to carry act into CHAP. CCXLVII. — An Act supplementary to an Act entitled "An Act to grant Pen- July 4, 1864. sions," approved July fourteenth, eighteen hundred and sixty-two. 1862, ch. 166. Biennial ex aminations of pensioners, how may be made. 1859, ch. 88, § 2. Vol. xi. p. 439. Be it enacted by the Senate and House of Representatives of the United Vol. xii. p. 566. States of America in Congress assembled, That the biennial examinations of pensioners required by an act approved March three, eighteen hundred and fifty-nine, may be made by one surgeon only, provided he is a surgeon of the army or navy, or an examining surgeon duly appointed by the commissioner of pensions; nor shall the biennial certificate of two unappointed civil surgeons be accepted in any case, except upon satisfactory evidence that an examination by a commissioned or duly appointed surgeon is impracticable. Fees paid surgeons for biennial exami SEC. 2. And be it further enacted, That all fees paid to examining surgeons for biennial examinations, or for examinations specially ordered, as provided by the eighth section of the act to grant pensions, approved nations to be reJuly fourteenth, eighteen hundred and sixty-two, shall be refunded by funded. the agent for paying pensions in the district within which the pensioner or claimant resides, out of any money appropriated for the payment of pensions, under such regulations as the commissioner of pensions may prescribe. 1862, ch. 166, § 8. Vol. xi. p. 569. Declarations of to be made before court of record. SEC. 3. And be it further enacted, That declarations of pension claimants shall be made before a court of record, or before some officer thereof pension claimants having custody of its seal, said officer being hereby fully authorized and empowered to administer and certify any oath or affirmation relating to any pension or application therefor: Provided, That the commissioner of pensions may designate, in localities more than twenty-five miles distant from any place at which such a court is holden, persons duly qualified to administer oaths, before whom declarations may be made and testimony taken. Proviso. Section 12 of Clerks to in SEC. 4. And be it further enacted, That section twelve of the act to grant pensions, approved July fourteen, eighteen hundred and sixty-two, act of 1862, ch. 166, repealed. is hereby repealed; and the commissioner of pensions is authorized and Vol. xii. p. 569. empowered to detail, from time to time, clerks in his office to investigate suspected attempts at fraud on the government through the pension-office, vestigate suspected attempts and to aid in prosecuting any persons so offending, with such additional to defraud. compensation as is customary in cases of special service. SEC. 5. And be it further enacted, That all persons now by law entitled to a less pension than hereafter specified, who shall have lost both feet in the military service of the United States and in the line of duty, shall be entitled to a pension of twenty dollars per month; and those who under the same conditions have lost both hands or both eyes shall be entitled to a pension of twenty-five dollars per month. SEC. 6. And be it further enacted, That no pension claim now on file, Pensions to those who have both hauds or lost both feet; eyes. |