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Repeal of § 12 of act of 1862, ch. 183.

ing to law, may be promoted to the grade of commodore upon the

retired list.

SEC. 2. And be it further enacted, That section twelve of an act entitled "An act to establish and equalize the grades of line officers of the United States navy," approved July sixteen, eighteen hundred and sixty-two, to wit: "And be it further enacted, That the three senior rear-admirals shall wear a square blue flag at the mainmast head, the next three at the foremast head, and all others at the mizzen," be, and the same is hereby, repealed.

Approved March 3, 1863.

March 3, 1863.

witnesses in the

used in suits in

dure.

CHAPTER XCV.

AN ACT to facilitate the taking of depositions within the United States, to be used in the courts of other countries, and for other purposes.

Be it enacted by the Senate and House of Representatives of Testimony of the United States of America in Congress assembled, That the United States may testimony of any witness residing within the United States, to be be taken to be used in any suit for the recovery of money or property depending foreign countries. in any court in any foreign country with which the United States are at peace, and in which the government of such foreign country shall be a party or shall have an interest, may be obtained, to be Mode of proce- used in such suit. If a commission or letters rogatory to take such testimony shall have been issued from the court in which said suit is pending, on producing the same before the district judge of any district where said witness resides or shall be found, and on due proof being made to such judge that the testimony of any witness is material to the party desiring the same, such judge shall issue a summons to such witness requiring him to appear before the officer or commissioner named in such commission or letters rogatory, to testify in such suit. Such summons shall specify the time and place at which such witness is required to attend, which place shall be within one hundred miles of the place where said witness resides or shall be served with said

Summons.

Penalty on wit

to testify.

summons.

SEC. 2. And be it further enacted, That if any person shall pearing or refusing refuse or neglect to appear at the time and place mentioned in the summons issued, in accordance with this act, or if, upon his appearance, he shall refuse to testify, he shall be liable to the same penalties as would be incurred for a like offence on the trial of a suit in the district court of the United States.

Fees and mileage of witnesses.

SEC. 3. And be it further enacted, That every witness who shall appear and testify, in manner aforesaid, shall be allowed, and shall receive from the party at whose instance he shall have been summoned, the same fees and mileage as are allowed to witnesses in suits depending in the district courts of the United States. SEC. 4. And be it further enacted, That whenever any comwitnesses in for- mission or letters rogatory, issued to take the testimony of any eign countries in witness in a foreign country, in any suit in which the United United States are States are parties or have an interest, shall have been executed by the court or the commissioner to whom the same shall have

Commissions to

take testimony of

suits in which the

parties, how returned.

been directed, the same shall be returned by such court or commissioner to the minister or consul of the United States nearest the place where said letters or commission shall have been executed, who, on receiving the same, shall indorse thereon a certificate, stating the time and place when and where the same was received; and that the said deposition is in the same condition as when he received the same. And he shall thereupon transmit the said letters or commission, so executed and certified, by mail, to the clerk of the court from which the same issued, in the manner in which his official despatches are transmitted to the government. And the testimony of witnesses so as aforesaid taken and returned, shall be read as evidence on the trial of the suit in which the same shall have been taken, without objection as to the method of returning the same

Approved March 3, 1863.

Depositions.

CHAPTER XCVI.

AN ACT to establish a branch mint of the United States in the Territory

of Nevada.

March 3, 1863.

Branch mint established at Carson

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a branch of the mint of the United States be located and estab- City, Nevada. lished at Carson City, in the Territory of Nevada, for the coinage of gold and silver.

President to appoint officers of

Superintendent to appoint clerks.

SEC. 2. And be it further enacted, That, for carrying on the business of said branch, the following officers shall be appointed, mint. as soon as the public interest shall require their service, upon the nomination of the President, by and with the advice and consent of the Senate, namely: one superintendent, one assayer, one melter and refiner, and one coiner; and the said superintendent shall employ as many clerks, subordinate workmen, and laborers, under the direction of the Secretary of the Treasury, as may be required. The salaries of the said officers shall be as follows: To the superintendent, the sum of two thousand dollars to the assayer, the sum of eighteen hundred dollars; to the melter and refiner, eighteen hundred dollars; to the clerks, subordinate workmen, and laborers, such wages and allowances as are customary, according to their respective stations and occupations.

SEC. 3. And be it further enacted, That the officers and clerks to be appointed under this act, before entering upon the execution of their offices, shall take an oath or affirmation, before some judge of the United States or of the supreme court of said Territory, faithfully and diligently to perform the duties of their offices, and shall each become bound to the United States of America, with one or more sureties, to the satisfaction of the director of the mint, or the secretary of the Territory of Nevada, and of the Secretary of the Treasury, with the condition of the faithful performance of the duties of their offices.

Salaries.

Officers

and

elerks to take oath.

Bond.

Director of mint to direct business

SEC. 4. And be it further enacted, That the general direction of the business of said branch of the mint of the United States of branch. shall be under the control and regulation of the director of the

Branch mint to

mint at Philadelphia, subject to the approbation of the Secretary of the Treasury; and for that purpose it shall be the duty of the said director to prescribe such regulations and require such returns periodically and occasionally, and to establish such charges. for parting, assaying, refining, and coining, as shall appear to him to be necessary for the purpose of carrying into effect the 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."

be place of deposit SEC. 5. And be it further enacted, That said branch mint shall for public moneys. be a place of deposit for such public moneys as the Secretary Superintendent to have custody. of the Treasury may direct. And the superintendent of said branch mint, who shall perform the duties of treasurer thereof, shall have the custody of the same, and 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.

Superintendent may pay for dust,

drafts or certificates of deposit.

SEC. 6. And be it further enacted, That the superintendent of &c., deposited, by said branch mint be authorized, under the direction of the Secretary of the Treasury, and on terms to be prescribed by him, to issue in payment of the gold dust and bullion deposited for assay and coinage or bars, drafts or certificates of deposit, payable at the treasury or any sub-treasury of the United States, to any depositor electing to receive payment in that form.

Laws regulating mint, &c., made

branch.

SEC. 7. And be it further enacted, That all the laws and parts applicable to this of laws now in force for the regulation of the mint of the United States, and for the government of the officers and persons employed therein, and for the 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 appli

Appropriation to carry this act into effect.

cable thereto.

SEC. 8. And be it further enacted, That the sum of one hundred thousand dollars be, and the same is hereby, appropriated, out of any money 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 of June, eighteen hundred and sixty-four. Approved March 3, 1863.

March 3, 1863.

CHAPTER XCVII.

AN ACT to provide for the disposal of certain lands therein named. Be it enacted by the Senate and House of Representatives of Fort Howard mil- the United States of America in Congress assembled, That the itary reserve to be surveyed and sub- Commissioner of the General Land Office shall, as soon as may be, cause that portion of the public domain known as the Fort Howard military reserve, including the site of the fort, containing three acres and four-hundredths of an acre, which is situated in

divided into lots.

Resolution num

1856, ch. 43. Vol xi. p. 20.

the county of Brown and State of Wisconsin, between Fox river and Beaver Dam run, and which is not included in the confirmations to Talbot C. Dousman and Daniel Whitney, nor in the grant to the State of Wisconsin under the resolution of Congress approved April twenty-fifth, eighteen hundred and sixty-two, entitled ber 30. "A resolution explanatory of, and in addition to, the act of June third, eighteen hundred and fifty-six, granting public lands to the State of Wisconsin to aid in the construction of railroads in said State," as heretofore surveyed under the direction of the surveyor general of Wisconsin and Iowa, to be surveyed and subdivided into lots of such form and of such size, not less than one-fourth of an acre, and not more than forty acres, as he may deem expedient, dedicating such portions of the same to the use of the public for streets and highways as he may think the public interest and convenience may require; and shall cause a plat thereof to be duly and properly certified by such surveyor general, and recorded in fied and recorded. the office of the register of deeds for said county of Brown; and when so surveyed, platted, and recorded, he shall cause each and all said lots to be sold separately at public auction, giving not less than two months' notice of the time and place of such sale by lie auction. advertising the same in such newspapers and for such period of time as he may deem best. Every such lot shall be sold to the highest bidder for cash, and when not paid for within twenty-four hours from the time of purchase, it shall be liable to be resold under the order of the Commissioner of the General Land Office aforesaid; but no sale shall be binding until approved by the Secretary of the Interior.

SEC. 2. And be it further enacted, That it shall be the duty of the President to cause patents to be issued in due form of law for each and every such lot, as soon as may be after the purchase of and payment for the same.

Streets.

Plats to be certi

Lots to be sold separately at pub

Sale not binding unless approved.

Patents.

Portion of the

Jacent to Fort

reserve to be sur

SEC. 3. And be it further enacted, That it shall also be the duty of the Commissioner of the Land Office to cause so much of public domain adthe public domain adjacent to said reserve as lies between said Howard military Beaver Dam run and Duck creek to be resurveyed into lots, veyed into lots, the lines of which shall conform, as near as may be, to the lines of the survey formerly made by Albert G. Ellis, and shall cause certified plats thereof to be returned, as is provided by law in the case of other surveys of the public domain; and he shall thereupon proceed to dispose of the same as other public lands are dis- and disposed of. posed of, saving to every person who, upon the passage of this act, may be in possession of any part of said lands, and shall have Rights of persons made improvements thereon, as provided under the pre-emption have made imin possession, who laws of the United States, the right to purchase any lots so im- provements. proved, lying contiguous to each other, and not exceeding in the aggregate eighty acres, upon making proof of such possession and improvements, and paying for such lots the sum of one dollar and twenty-five cents per acre, within six months after public notice shall be given of the time and place for making such proof and payment.

SEC. 4. And be it further enacted, That the Commissioner of the General Land Office shall cause the military reserve of Fort Crawford, in the county of Crawford, in the same State, to be surveyed and disposed of in the manner prescribed in the first and

Military reserve

of Fort Crawford

to be surveyed and disposed of.

second sections of this act for the disposition of the Fort Howard

reserve.

Approved March 3, 1863.

March 3, 1863.

tions of land, &c.,

tion of railroads.

If any section has been sold, &c.

an equal quantity

to be given in lieu

thereof.

CHAPTER XCVIII. .

AN ACT for a grant of lands to the State of Kansas, in alternate sections, to aid in the construction of certain railroads and telegraphs in said State.

Be it enacted by the Senate and House of Representatives of Alternate sec- the United States of America in Congress assembled, That there granted to Kansas be, and is hereby, granted to the State of Kansas, for the purpose to aid in construc- of aiding in the construction: First, of a railroad and telegraph from the city of Leavenworth, by the way of the town of Lawrence, and via the Ohio City crossing of the Osage river, to the southern line of the State, in the direction of Galveston bay, in Texas, with a branch from Lawrence, by the valley of the Wakarusa river, to the point on the Atchison, Topeka, and Santa Fé railroad where said road intersects the Neosho river. Second, of a railroad from the city of Atchison, via Topeka, the capital of said State, to the western line of the State, in the direction of Fort Union and Santa Fe, New Mexico, with a branch from where this last-named road crosses the Neosho, down said Neosho valley to the point where the said first-named road enters the said Neosho valley-every alternate section of land, designated by odd numbers, for ten sections in width on each side of said roads and each of its branches. But in case it shall appear that the United States have, when the lines or routes of said road and branches are definitely fixed, sold any section or any part thereof, granted as aforesaid, or that the right of pre-emption or homestead settlement has attached to the same, or that the same has been reserved by the United States for any purpose whatever, then it shall be the duty of the Secretary of the Interior to cause to be selected, for the purpose aforesaid, from the public lands of the United States nearest to tiers of sections above specified, so much land, in alternate sections or parts of sections, designated by odd numbers, as shall be equal to such lands as the United States have sold, reserved, or otherwise appropriated, or to which the rights of preemption or homestead settlements have attached as aforesaid; which lands, thus indicated by odd numbers and selected by direction of the Secretary of the Interior as aforesaid, shall be held by the State of Kansas for the use and purpose aforesaid: Provided, That the land to be so selected shall in no case be located further than twenty miles from the lines of said road and branches: Provided, further, That the lands hereby granted for and on account of said roads and branches severally shall be exclusively applied in the construction of the same, and for no other purpose whatever, and shall be disposed of only as the work progresses through the same, as in this act hereinafter provided: Provided, also, That no part of the land granted by this act shall be applied to To what roads aid in the construction of any railroad, or part thereof, for the only this land to be construction of which any previous grant of land or bonds may

Proviso.

applied.

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