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Chauvenet, Missouri; J. H. C. Coffin, United States Naval Academy, Maine; J. A. Dahlgren, United States navy, Pennsylvania; J. D. Dana, Connecticut; Charles H. Davis, United States navy, Massachusetts; George Engelmann, St. Louis, Missouri; J. F. Frazer, Pennsylvania; Wolcott Gibbs, New York; J. M. Gilless, United States navy, District of Columbia; A. A. Gould, Massachusetts; B. A. Gould, Massachusetts, Asa Gray, Massachusetts; A. Guyot, New Jersey; James Hall, New York; Joseph Henry, at large; J. E. Hilgard, at large, Illinois; Edward Hitchcock, Massachusetts; J. S. Hubbard, United States naval observatory, Connecticut; A. A. Humphreys, United States army, Pennsylvania; J. L. Le Conte, United States army, Pennsylvania; J. Leidy, Pennsylvania; J. P. Lesley, Pennsylvania; M. F. Longstreth, Pennsylvania; D. H. Mahan, United States Military Academy, Virginia; J. S. Newberry, Ohio; H. A. Newton, Connecticut; Benjamin Pierce, Massachusetts; John Rodgers, United States navy, Indiana; Fairman Rodgers, Pennsylvania; R. E. Rodgers, Pennsylvania; W. B. Rogers, Massachusetts; L. M. Rutherford, New York; Joseph Saxton, at large; Benjamin Silliman, Connecticut; Benjamin Silliman, junior, Connecticut; Theodore Strong, New Jersey; John Torrey, New York; J. G. Totten, United States army, Connecticut; Joseph Winlock, United States Nautical Almanac, Kentucky; Jeffries Wyman, Massachusetts; J. D. Whitney, California, their associates and successors duly chosen, are hereby incorporated, constituted, and declared to be a body corporate by the name of the National Academy of Sciences.

Power of corpo

SEC. 2. And be it further enacted, That the National Academy Number of ordiof Sciences shall consist of not more than fifty ordinary members; nary members. and the said corporation hereby constituted shall have power to make its own organization, including its constitution, by-laws, and ration. rules and regulations; to fill all vacancies created by death, resignation, or otherwise; to provide for the election of foreign Election of memand domestic members, the division into classes, and all other bers, &c. matters needful or usual in such institution, and to report the same

to Congress.

Investigations,

SEC. 3. And be it further enacted, That the National Academy Annual meeting. of Sciences shall hold an annual meeting at such place in the United States as may be designated, and the academy shall, whenever called upon by any department of the government, investigate, examine, experiment, and report upon any subject of science or art, the actual expense of such investigations, examinations, experiments, and reports, to be paid from appropriations which may be made for the purpose, but the academy shall receive no compensation whatever for any services to the ment of the United States.

Approved March 3, 1863.

govern

on subjects

of

examinations, &c., science or art. Expenses there

of.

CHAPTER CXII.

AN ACT to establish the gauge of the Pacific railroad and its branches.

Be it enacted by the Senate and House of Representatives of the

March 3, 1863.

United States of America in Congress assembled, That the gauge Gauge of Paci

branches.

fic railroad and of the Pacific railroad and its branches throughout their whole extent, from the Pacific coast to the Missouri river, shall be, and hereby is, established at four feet eight and one-half inches. Approved March 3, 1863.

March 3, 1863.

ecutions, &c., in certain cases.

1837, ch. 34. Vol. v., p. 176. 1862, ch. 178. Ante, p. 576.

CHAPTER CXIII.

AN ACT to enable the district courts of the United States to issue executions and other final process in certain cases.

Be it enacted by the Senate and House of Representatives of the Certain district United States of America in Congress assembled, That in all cases courts to issue ex- wherein the district courts of the United States within and for the several districts of Texas, Florida, Wisconsin, Minnesota, Iowa, and Kansas had rendered final judgments or decrees prior to the passage of an act entitled "An act to amend the act of the third of March, eighteen hundred and thirty-seven, entitled 'An act supplementary to the act entitled an act to amend the judicial system of the United States,"" approved July fifteenth, eighteen hundred and sixty-two, which cases might have been brought, and could have been originally cognizable in a circuit court, said district courts shall have power to issue writs of execution or other final process, or to use such other powers and proceedings as may be in accordance with law, to enforce the judgments and decrees aforesaid, anything in said act of the fifteenth of July, eighteen hundred and sixty-two, to the contrary notwithstanding. Approved March 3, 1863.

March 3, 1863.

ter to issue

to

"Maple

CHAPTER CXIV.

AN ACT to provide for issuing an American register to the steam-vessel
Maple Leaf.

Be it enacted by the Senate and House of Representatives of American regis- the United States of America in Congress assembled, That there be issued, under the direction of the Secretary of the Treasury, an American register to the British colonial built steam-vessel "Maple Leaf," now owned by Charles Spear and J. H. B. Lang, of Boston, in the State of Massachusetts.

steamer Leaf."

Approved March 3, 1863.

CHAPTER CXV.

March 3, 1863. AN ACT relating to the validity of deeds of public squares and lots in the city of Washington.

Be it enacted by the Senate and House of Representatives of Deeds of public the United States of America in Congress assembled, That no squares, &c., by deed of conveyance heretofore made, in pursuance of law, of public officer, not squares or lots of public land in the city of Washington, by the

any authorized

want of acknowl

Commissioner of Public Buildings, or any other authorized officer, to be invalid for shall be deemed invalid in law, for the want of an acknowledg- edgment. ment by said Commissioner or other authorized officer before such judicial officers as deeds of real property made between individuals are required by law to be acknowledged. Approved March 3, 1863.

CHAPTER CXVI.

AN ACT to grant the right of pre-emption to certain purchasers on the "Soscol Ranch," in the State of California.

March 3, 1863.

Lines of public

tended over the

California.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it may andshall be lawful for the Commissioner of the General Land Office surveys to be exto cause the lines of the public surveys to be extended over the Soscol Ranch in tract of country known as the "Soscol Ranch," in California, the claim to which by Don Mairana Gaudalupe Vallejo has been adjugded invalid by the Supreme Court of the United States, and to have approved plats thereof duly returned to the proper district land office: Provided, That the actual cost of such suvey and platting shall first be paid into the surveying fund by settlers, paid. according to the requirements of the tenth section of the act of Congress, approved thirteenth of May, eighteen hundred and sixty-two, "to reduce the expenses of the survey and sale of the public lands in the United States."

Cost of survey, &c to be first

1862, ch. 86, § 10. Ante, p. 410.

Certain individ

$1 25 the acre.

SEC. 2. And be it further enacted, That after the return of such approved plats to the district office, it may and shall be lawful for uals may enter at individuals, bona fide purchasers from said Vallejo, or his assigns, to enter, according to the lines of the public surveys, at one dollar and twenty-five cents per acre, the land so purchased, to the extent to which the same had been reduced to possession at the time of said adjudication of said Supreme Court, joint entries being admissible by coterminous proprietors to such an extent as will enable them to adjust their respective boundaries.

SEC. 3. And be it further enacted, That municipal claims within the limits of the said "Soscol Ranch" may be entered under the terms, limitations, and conditions of the town-site act of twentythird of May, eighteen hundred and forty-four.

Municipal claims.

1844, ch. 17. Vol. v., p. 657.

Claims to be presented within

Adjudication

SEC. 4. And be it further enacted, That all claims within the purview of this act shall be presented to the register and receiver twelve months. within twelve months after the return of such surveys to the district land office, accompanied by proof of bona fide purchase under Vallejo, of settlement, and the extent to which the tracts claimed had been reduced into possession at the time of said adju dication; and thereupon each case shall be adjudged by the register and receiver under such instructions as shall be given by the thereon. Commissioner of the General Land Office, to whom the proof and adjudication shall be returned by the land office, and no adjudication shall be final until confirmed by the said Commissioner. SEC. 5. And be it further enacted, That any claim not brought Claims not before the register and receiver within twelve months, as afore- brought said, shall be barred, and the lands covered thereby, with any

to

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barred, and lands

to be treated as other tracts within the limits of said public lands.

mineral lands excepted.

66 Soscol Ranch," the titles to which are not established under this act, shall be dealt with as Reserved and other public lands: Provided, That no entry shall be made of lands reserved and occupied for military, naval, or other public uses, or which may be designated for such purposes by the President; nor shall any claim under this act extend to mineral lands. Approved March 3, 1863.

"March 3, 1863.

Territory of Idaho established.

Boundaries.

be changed.

CHAPTER CXVII.

AN ACT to provide a temporary government for the Territory of Idaho.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the territory of the United States included within the following limits, to wit: Beginning at a point in the middle channel of the Snake river where the northern boundary of Oregon intersects the same; then follow down said channel of Snake river to a point opposite the mouth of the Koos kooskia, or Clear Water river; thence due north to the forty-ninth parallel of lati tude; thence east along said parallel to the twenty-seventh degree of longitude west of Washington; thence south along said degree of longitude to the northern boundary of Colorado Territory; thence west along said boundary to the thirty-third degree of longitude west of Washington; thence north along said degree to the forty-second parallel of latitude; thence west along said parallel to the eastern boundary of the State of Oregon; thence north along said boundary to place of beginning. And the same is hereby created into a temporary government, by the name of Boundaries may the Territory of Idaho: Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory or changing its boundaries in such manner and at such time as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States: Provided, further, That nothing in this act contained shall be construed 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 Idaho, until said tribe shall signify their assent to the President of the United States to be included within said Territory, or to affect the authority of the government of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent for the government to make if this act had never passed.

Indian rights not mpaired.

Executive power of Territory.

Governor.

SEC. 2. And be it further enacted, That the executive power and authority in and over said Territory of Idaho shall be vested in a governor, who shall hold his office 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, and superintendent of Indian affairs thereof. He may grant pardons and respites for offences against the laws of said Territory, and reprieve for offences against the laws of the United States, until the decision of the President of the United States 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.

SEC. 3. And be it further enacted, That there shall be a secretary of said Territory, who shall reside therein, and shall hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all laws and proceedings of the legislative assembly hereinafter 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 for the use 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.

Secretary.

When to act as governor.

er.

Legislative pow

Assembly.

Council.

SEC. 4. And be it further enacted, That 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 seven 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 House of Reprethirteen members possessing the same qualifications as prescribed for the members of the council, and whose term of service shall

continue one year. The number of representatives may be

sentatives.

increased by the legislative assembly, from time to time, to twentysix, in proportion to the increase of qualified voters; and the council, in like manner, to thirteen. An apportionment shall be Apportionment. 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 designate and appoint, and the persons so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time and places, and be conducted

Census.

First election.

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