The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-13

manner, remit TO the circuit court any indictment
peadng in said district court, when, in the opinion
Of the court difficult and important questions Of
law are involved in the case and the proceedings
hereupon shall thereafter he the in the circuit
court as il such indictment had been originally
| found and presented therein. That no grand
Jury shall hereafter be summoned to attend any
/ circuit or district court of the United States
unless the Judge Of such district court, or one
Of the judges Of such circuit court, shall, in his
own discretion, or upon nouheatIon by the district
attorney that such jury will be needed order a We
nire 10 be issued therefor: Provided That nothing
| herein shall prevent either of said courts in term
| from directing a grand jury TO be summoned and
impanelled whenever, in its judgment, 1t may be
proper to do so, and at such time 1t may direct
.4ad provided further That nothing herein shall ope
| rate TO extend beyond what the law now permits
the Imprisonment before indictment found Of an in
dlvidusl accused Of crime or offence, or the time
during which an individual thus accused may be
held under recognizsnee before indictment found.
SEC. 4. find be IL further enacted, That any party
charged with criminal offence and admitted to bail
may in vacation be arrested by his bail, and dev-
cred to the marshal his deputy, before any Judge
other officer having power to commit for such Of
fence; and, at the request Of such bail the Judge
other officer shall recommit the party arrested 10
the custody of the marshal, and endorse on the re-
cognizance, certified copy thereof the discharge
and exoneratur Of such bail and the party so COM
charged by due course of law.
SEC 8 .fndbe il further enacted, That If any cap
tan other officer, or mariner of a ship or vessel
the high seas, or any other waters within the adj
| miraIIy and maritime jurisdiction Of the United
States, shall practically eloBousy away with
such ship or vessel or any goods merchandise on
board such ship or vessel, 10 the value Of fifty dol
lars, or yield up such ship vessel voluntarily to
| any pirate, every such person offending shall be
deemed guilty Of felony, and, conviction thereof
| shall be punished by fine not exceeding ten thou
sand dollars, or by Imprisonment not exceeding
years. both, according to the nature and aggrava
| ZION Of the offence.
SEC. 6. find Be il further enacted, That upon the
necessary proof being made any Judge of the Uni
ted States, or other magistrate having authority TO
commit on criminal charges against the laws Of the
United States, that person previously admitted To
| bail on any such criminal charge is about to alb.
Scond, and that his bail is insufficient il shall and
may be lawful for any such judge or magistrate tc
require such person to give better security or fo
default thereof to cause him to be committed to pris
10; and, to that end order for his arrest may bt
endorsed on the former commitment, or a new war
rant therefor may be issued by such Judge OF magis
| trate, setting forth the cause thereof
| SEC. 7. .fnd be Il further enacted That on the ap
| pication Of any attorney Of the United States TO
any district, and upon satisfactory proof Of the ma
lerallty of the testimony Of any person who shal
be a competent witness, and whose testimony shall
| in the opinion Of any Judge Of the United States bt
necessary upon the trial Of any criminal cause OF
proceeding in which the United States shall be &
party or interested, any such Judge may compel such
person, so required or deemed by him necessary as
Witness TO give reCognlzance, with without sure
ties In his discretion, TO appear the trial Of sale
cause or proceeding, and give his testimony therein
and for that purpose the said Judge may issue war
| rant against such person, under his hand, with oil
without seal, directed to the marshal or other Office
authorized to execute criminal civil process in be
half Of the United States, to such person anc
4 carry him before such Judge. And in case the per
son arrested shall neglect or refuse to give sale
| recognzanCe in the manner required by saic
judge, the said judge may issue warrant OF com
mtment against such person, which shall be deliy
cred TO said officer, whose duty shall be TO conve,
such person to the prison mentioned in said mtti
mus. And the said person shall remain in confne
ment until he shall be removed to the court for th
purpose Of giving his testimony, or until he shal
have given the recognzance required by said Judge
SEC. 8. find be H. further enacted That so much o
the act entitled IAN act TO increase and regulate tn,
Of the circuit and district courts for the north
| ern district of New York." passed July seventh
eighteen hundred and thirty as requires all is
sues Of fact in the said circuit court in which thu
cause of action shall have arisen of the line il
the said act for that purpose designated to be iet
at the term Of said circuit be held at Canaan
dagua, and all issues of fact in the said court which
shall have arisen east of the said line to be tried
Albany, be, and the same is hereby repealed. Ant
that in addition TO the courts now provided by la
to be held in the northern district of New York,
stated session Of the circuit court of the Unite,
States for said northern district shall be held annu
ally at the City Hall in the city of Albany on tn
| third Tuesday Of May.
| Sec. 9. find be il further enacted That no process
issued or proceedings pending in either of the salt
courts shall be avoided or impaired by the chang
hereby made in the time and place of holding sucl
| h,,ta ii LaII -. l.
retnrnabe at either of the times and places hereb
altered, shall be deemed and held to be returnabl
at the time and place herein designated in lieu there
OF, in the same manner if the same had in term
been made so returnable, and shall have full effec
accordingly. And all continuances may be made L
conform to the provisions of this act.
SEC. TO- find be il further enacted, That hereafte
term of the district for the northern district
New York shall be held in The village of Auburn OF
the third Tuesday in August in each year. And
is further provided, That the term of the district cour
now required by law to be held at the city of Bufa
10, on the second Tuesday of October in each wear
shall hereafter be held on the second Tuesday O
November in each year.
SEC III. lind be II further enacted, That when
ever any indictment shall be pending in any court O
the United States, and any defendant thereto sha
make an affidavit setting forth that there are witness
es whose evldeEce Is material to his defence AM
that he cannot safely go to trial without them wba
within the district in which the court is held O
within one hundred miles of the place of trial. an
Il that he is not possessed of sufficient means and
actually unable TO pay the fees of such Witnesses tn
court IN term, or any judge thereof in vacation ma
IfIt appear proper to do So order that such witness
4 es be subpened if found within the limits aforesaid
and IN such case the costs incurred by such process
and the fees of such witnesses shall be paid in tn
same manner that similar costs and fees are paid i
case of witnesses subpaned in behalf of the Unite
Il States.
Sec. IL. find beh further enacted, That all acts an
parts OF acts inconsistent with the provisions of th
act, shall be, and the same are hereby, repealed
Provided, nevertheless, That they shall be and RI
main in full force for the punishment of any Grim
or offence committed before the passing of this act
APPROVED, August 9th, 1886.
i [PUB!Jc-No. Sc
AN ACT to attach to the Fort Wayne land dis
trict certain tracts Of lands lying within the limit
Of that district which are not now attached to an
: district.
Be IL enacted by the Senate and House of Represent.
tires Of the United States Of america in Congress
sembied, That all the lands in the State of Indian
- L.