nut-galls; pearl, mother of; pewter, when old, and fit only to be remanufactured; rags, of whatever material; raw hides and skins of all kinds, whether dried, salted, or pickled, not otherwise provided for; safflower; saltpetre, or nitrate of soda, or potash, when crude; seedlac; shellac; sumac; tin, in pigs, bars, or blocks; tortoise, and other shells unmanufactured; turmeric; waste, or shoddy; weld; zinc, spelter, or teutenegue, unmanufactured, not otherwise provided for.

SCHEDULE I.-(Exempt from duty.)

Animals imported for breed; bullion, gold and silver; cabinets of coins, medals, and other collections of antiquities; coffee and tea, when imported direct from the place of their growth or production, in American vessels, or in foreign vessels entitled by reciprocal treaties to be exempt from discriminating duties, tonnage, and other charges, coffee, the growth or production of the possessions of the Netherlands, imported from the Netherlands in the same manner; coins, gold, silver, and copper; copper ore; copper, when imported for the United States mint; cotton; felt, adhesive, for sheathing vessels; garden seeds, and all other seeds, not otherwise provided for; goods, wares, and merchandise, the growth, produce, or manufacture, of the United States, exported to a foreign country, and brought back to the United States in the same condition as when exported, upon which no drawback or bounty has been allowed; -Provided, That all regulations to ascertain the identity thereof prescribed by existing laws, or which may be prescribed by the Secretary of the Treasury, shall be complied with; — guano; household effects, old and in use, of persons or families from foreign countries, if used abroad by them, and not intended for any other person or persons, or for sale; junk, old; models of inventions and other improvements in the arts; Provided, That no article or articles shall be deemed a model or improvement, which can be fitted for use; -oakum; oil, spermaceti, whale, and other fish, of American fisheries, and all other articles the produce of such fisheries; paintings and statuary, the production of American artists residing abroad, and all other paintings and statuary;- Provided, The same be imported in good faith as objects of taste, and not of merchandise; - personal and household effects (not merchandise) of citizens of the United States dying abroad; plaster of Paris, unground; platina, unmanufactured; sheathing copper, but no copper to be considered such, and admitted free, except in sheets forty-eight inches long and fourteen inches wide, and weighing from fourteen to thirty-four ounces the square foot; sheathing metal; specimens of natural history, mineralogy, or botany; trees, shrubs, bulbs, plants, and roots, not otherwise provided for; wearing apparel in actual use, and other personal effects not merchandise, professional books, implements, instruments, and tools of trade, occupation, or employment, of persons arriving in the United States; - Provided, That this exemption shall not be construed to include machinery or other articles imported for use in any manufacturing establishment, or for sale.

APPROVED, July 30, 1846.

Schedule I, erempt from duty.

CHAP. LXXV.- An Act to exempt Coffee imported from the Netherlands from August 3, 1816. Duty in certain Cases, and for other Purposes.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, from and after the passage of this act, coffee, the production or growth of the VOL. IX. PUB. —7

Coffee import

in

ed from the Ne colonies or dependencies of the Netherlands, imported into the United therlands, Dutch or Ameri-States from the Netherlands, either in Dutch or American vessels, can vessels, to be shall be admitted free of duty; and so much of the act approved the free of duty. thirtieth day of August, eighteen hundred and forty-two, entitled, "An Act to provide Revenue from Imports, and to change and modify existing Laws imposing Duties on Imports, and for other Purposes,' as is inconsistent herewith, be, and the same is hereby, repealed.

Repeal of so much of act 1812,

ch. 270, as is in

consistent herewith.

Duties collect

ed on coffee in

American vessels

from the Nether lands, between Aug. 30, 1842, and

Sept. 11, 1815, to

be refunded.

SEC. 2. And be it further enacted, That the Secretary of the Treasury be, and he hereby is, authorized and required to refund and pay, out of any money in the treasury not otherwise appropriated, to the several persons or parties entitled to the same, the amount of duties levied and collected upon the importations of coffee in American vessels from the Netherlands, the production or growth of the colonies or dependencies of the Netherlands, between the thirtieth day of August, eighteen hundred and forty-two, and the eleventh day of September, eighteen hundred and forty-five.

SEC. 3. And be it further enacted, That the Secretary of the Treasury be, and he hereby is, authorized and required to refund and pay, out of any money in the treasury not otherwise appropriated, to the persons or parties severally entitled to receive the same, the amount of discriminating tonnage duties heretofore levied and collected on Spanish vessels coming from foreign countries (except from Cuba and Porto Rico) under the act approved the thirteenth day of July, eighteen hundred and thirty-two, entitled "An Act concerning Tonnage Duties on Spanish Vessels;" and from and after the passage of this act, no discriminating tonnage duties shall be levied on Spanish vessels coming from foreign countries, except those coming from Cuba or Porto Rico.

APPROVED, August 3, 1846.

August 3, 1846.

1850, ch. 31.

Terms of Cir

cuit and District

Courts for Ohio to be held on 2d Monday of November annually. Proviso as to actions, &c., now pending.

CHAP. LXXVI. — An Act in Relation to the Time of holding the Circuit and District Courts of the United States for the District of Ohio.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the terms of the Circuit and District Courts of the United States for the District of Ohio, heretofore held on the third Monday of December, annually, shall hereafter be held on the second Monday of November, annually: Provided, That all actions, suits, appeals, recognizances, processes, writs, and proceedings, whatever, pending in said courts, or returnable to the term, as it now exists, shall have day therein, and be tried, proceeded with, and disposed of, at the term as fixed by this act. APPROVED, August 3, 1846.

August 3, 1846.

Preemption rights on the Mi

ami cessions, who entitled to.

CHAP. LXXVII. — An Act to grant the Right of Preemption to actual Settlers on the Lands acquired by Treaty from the Miami Indians in Indiana.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every actual setter, being the head of a family, or widow or single man over the age of twenty-one years, who is now in possession, by actual residence as a housekeeper, of any tract of public land within the limits of the several cessions by the Miami Indians in Indiana, which have not yet been proclaimed for sale by the President, or any such person who snall hereafter settle, erect a dwelling-house, and become a housekeeper upon any such tract of land, shall be entitled to the same benefits and privileges, with respect to said land, as was granted to settlers

on other lands by the act approved twenty-second of June, eighteen hundred and thirty-eight, entitled "An Act to grant Preemption Rights," and the several amendatory provisions of said act, effected by the subsequent acts bearing date first June, eighteen hundred and forty, and third March, eighteen hundred and forty-three: Provided, That the minimum price per acre of said land shall be two dollars per acre.

1833, ch. 119.

1840, ch. 32.

1843, ch. 86. Minimum price.

Claimant

to

make oath as pre1833, ch. 119. scribed by act of

SEC. 2. And be it further enacted, That, in every case, the affidavit of the claimant under this act shall be like unto that prescribed by he act of twenty-second June, eighteen hundred and thirty-eight, and the same shall be filed, and proof and payment made for the land claimed, at any time before the day fixed by the President's proclamation for the public sale of the said land: Provided, That where a tract of land is now settled upon, a settlement made on such tract subsequent to the date of this law shall confer no right on the lastmentioned settler; and where settlements shall hereafter be made, the to have prefer right shall be in the first settler, who shall otherwise comply with the ence. conditions of this law.

APPROVED, August 3, 1846.

Prior settlers

CHAP. LXXVIII. - An Act providing for the Adjustment of all suspended Preemption Land Claims in the several States and Territories.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the General Land Office be, and he is hereby, authorized and empowered to determine, upon principles of equity and justice, as recognized in courts of equity, and in accordance with general equitable rules and regulations, to be settled by the Secretary of the Treasury, the Attorney-General, and Commissioner, conjointly, consistently with such principles, all cases of suspended entries now existing in said land office, and to adjudge in what cases patents shall issue upon the same: Provided, however, That such adjudications shall be made within two years from the passage of this act, and be first approved by the Secretary of the Treasury and the Attorney-General, and shall only operate to divest the United States of the title of the land embraced by such entries, without prejudice to the rights of conflicting claimants. SEc. 2. And be it further enacted, That the power and jurisdiction given by this act to the Commissioner of the General Land Office shall cease and determine, at the expiration of two years from the passage thereof; and such Commissioner be, and he is hereby, directed to report to Congress at the first session after the said adjudications shill have been made, a list of the same, and under such classes as he may deem necessary, and of the principles upon which such class was determined.

Decisions to be into

classes.

Sec. 3. And be it further enacted, That the said Commissioner shill arrange his decisions into two classes; the first class to embrace arranged all such cases of equity as may be finally confirmed by the board aforesaid, and the second class to embrace all such cases as the board reject and decide to be invalid.

Sec. 4. And be it further enacted, That for all lands covered by entries or sales which are placed in the first class, patents shall issue to the claimants; and all lands embraced by entries or sales placed in the second class shall ipso facto revert to, and become part of, the public domain.

SEC. 5. And be it further enacted, That it shall and may be lawful for the Commissioner of the General Land Office to order into market, after due notice, without the formality and expense of a proclamation

Patents to issue

for lands in the first class, and lands in second class to revert to

the U. S.

Commissioner

market lands of second class

to order into

of the President, all lands of the second class, though heretofore unproclaimed and unoffered, and such other isolated or disconnected tracts or parcels of unoffered lands, which, in his judgment, it would be proper to expose to sale in like manner: Provided, That public Notice of sale. notice of at least thirty days shall be given by the land officers of the district in which such lands may be situated, pursuant to the directions of the Commissioner aforesaid.

APPROVED, August 3, 1846.

Aug. 4, 1846.

1845, ch. 48.

clared.

1815, ch. 48.

CHAP. LXXXII.—An Act to define the Boundaries of the State of Iowa, and to repeal so much of the Act of the third of March, one thousand eight hundred and forty-five as relates to the Boundaries of Iowa.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Boundaries de- shall be, and they are hereby, declared to be the boundaries of the State of Iowa, in lieu of those prescribed by the second section of the act of the third of March, eighteen hundred and forty-five, entitled "An Act for the Admission of the States of Iowa and Florida into the Union," viz. Beginning in the middle of the main channel of the Mississippi River, at a point due east of the middle of the mouth of the main channel of the Des Moines River; thence up the middle of the main channel of the said Des Moines River, to a point on said river where the northern boundary line of the State of Missouri, as established by the constitution of that State, adopted June twelfth, eighteen hundred and twenty, crosses the said middle of the main channel of the said Des Moines River; thence, westwardly, along the said northern boundary line of the State of Missouri, as established at the time aforesaid, until an extension of said line intersect the middle of the main channel of the Missouri River; thence, up the middle of the main channel of the said Missouri River, to a point opposite the middle of the main channel of the Big Sioux River, according to Nicollet's map; thence, up the main channel of the said Big Sioux River, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east, along said parallel of forty-three degrees and thirty minutes, until said parallel intersect the middle of the main channel of the Mississippi River; thence, down the middle of the main channel of said Mississippi River, to the place of beginning.

SEC. 2. And be it further enacted, That the question which has heretofore been the subject-matter of controversy and dispute between the State of Missouri and the Territory of Iowa, respecting the precise location of the northern boundary line of the State of Missouri, shall be, and the same is hereby, referred to the Supreme Court of the United States for adjudication and settlement, in accordance with the act of the Legislature of Missouri, approved March twenty-five, eighteen hundred and forty-five, and the memorial of the Council and House of Representatives of the Territory of the Iowa, approved January seventeenth, eighteen hundred and forty-six, by which both parties have agreed to "the commencement and speedy determination of such suit as may be necessary to procure a final decision by the Supreme Court of the United States upon the true location of the northern boundary of that State; and the said Supreme Court is hereby invested with all the power and authority necessary to the performance of the duty imposed by this section

SEC. 3. And be it further enacted, That, until the next census and apportionment shall be made, the State of Iowa shall be entitled to two representatives in the House of Representatives of the United States.

SEC 4. And be it further enacted, That so much of the act of the third of March, eighteen hundred and forty-five, entitled "An Act for the Admission of the States of Iowa and Florida into the Union," relating to the said State of Iowa, as is inconsistent with the visions of this act, be and the same is hereby repealed. APPROVED, August 4, 1846.

pro

Repeal of so much of the act

of 1845, ch. 48, as is inconsistent herewith.

Aug. 6, 1846.

1842, ch. 270.

Act of 1842, amended.

ch. 270, § 12, Ante, p. 43, § 7.

Duties to be

Proviso.

1818, ch. 129

CHAP. LXXXIV. - An Act to establish a Warehousing System, and to amend an Act entitled “An Act to provide Revenue from Imports, and to change and modify existing Laws imposing Duties on Imports, and for other Purposes.” Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the twelfth section of the act entitled "An Act to provide Revenue from Imports, and to change and modify existing Laws imposing Duties on Imports, and for other Purposes," approved the thirtieth day of August, one thousand eight hundred and forty-two, is hereby amended so as hereafter to read as follows:- [SEC. 12.] And be it further enacted, That, on and after the day this act goes into operation, the duties on all imported goods, wares, or merchandise, shall be paid in cash: paid in cash. Provided, That in all cases of failure or neglect to pay the duties within the period allowed by law to the importer to make entry thereof, or whenever the owner, importer, or consignee, shall make entry for warehousing the same, in writing, in such form and supported by such proof as shall be prescribed by the Secretary of the Treasury, the said goods, wares, or merchandise, shall be taken possession of by the collector, and deposited in the public stores, or in other stores to be agreed on by the collector or chief revenue officer of the port and the importer, owner, or consignee, the said stores to be secured in the manner provided for by the first section of the act of the twentieth day of April, one thousand eight hundred and eighteen, entitled "An Act providing for the Deposit of Wines and distilled Spirits in public Warehouses, and for other Purposes," there to be kept with due and reasonable care, at the charge and risk of the owner, importer, consignee, or agent, and subject at all times to their order, upon payment of the proper duties and expenses, to be ascertained on due entry thereof for warehousing, and to be secured by a bond of the owner, importer, or consignee, with surety or sureties, to the satisfaction of the collector, in double the amount of the said duties, and in such form as the Secretary of the Treasury shall prescribe: Provided, That no merchandise shall be withdrawn from any warehouse in which it may be deposited, in a less quantity than in an entire package, bale, cask, or box, unless in bulk; nor shall merchandise so imported in bulk be delivered, except in the whole quantity of each parcel, or in a quantity not less than one ton weight, unless by special authority of the Secretary of the Treasury. And in case the owner, importer, consignee, or agent, of any goods on which the duties have not been paid, shall give to the collector satisfactory security that the said goods shall be landed out of the jurisdiction of the United States, in the manner now required by existing laws relating to exportations for the benefit of drawback, the collector and naval officer, if any, on an entry to reexport the same, shall, upon payment of the appropriate expenses, ermit the said goods, under the inspection of the proper officers, to be shipped without the payment of any duties thereon. And in case any goods, wares, or merchandise, deposited as aforesaid, shall remain in public store beyond one year, without payment of the duties and charges thereon, then said goods, wares, or merchandise, shall be ap

Proviso.

Collector to

permit goods to be shipped for reëxportation in certain cases.

Goods remain

ing in store beyond one year to be appraised and

sold."