which shall be imported, in any other than the ordinary condition, as now and heretofore practiced, or which shall be changed in its character, for the purpose of evading the duty, or which shall be reduced in value by the intentional admixture of dirt or any foreign substance to twenty cents per pound or less, shall be subject to pay a duty of twenty four per centum ad valorem, anything in this act to the contrary notwithstanding. SEC. 4. And be it further enacted, That all goods, wares, and merchandize which shall be in the public stores on the first day of July aforesaid, shall be subject, on entry thereof for consumption, to no other duty duties as if imthan if the same had been imported, respectively, after that day.

Goods in the public stores July 1, 1857, to pay

ported after that day.

Decision of collector as to duties

SEC. 5. And be it further enacted, That on the entry of any goods, wares, and merchandize imported on and after the first day of July aforesaid, the decision of the collector of the customs at the port of importation and entry, as to their liability to duty or exemption therefrom, shall be made final unless final and conclusive against the owner, importer, consignee, or agent of notice is given in any such goods, wares, and merchandize, unless the owner, importer, writing, &c. consignee, or agent shall, within ten days after such entry, give notice to the collector, in writing, of his dissatisfaction with such decision, setting forth therein distinctly and specifically his grounds of objection thereto, and shall, within thirty days after the date of such decision, appeal thereAppeal to the from to the Secretary of the Treasury, whose decision on such appeal Secretary of shall be final and conclusive; and the said goods, wares, and merchan- Treasury collector, and his dize shall be liable to duty or exempted therefrom accordingly; any act decision to be of Congress to the contrary notwithstanding, unless suit shall be brought final, unless suit

from

within thirty days after such decision for any duties that may have been 30 days. is brought within

paid, or may thereafter be paid, on said goods, or within thirty days after 1839, ch. 82, § 2. the duties shall have been paid in cases where such goods shall be in 1845, ch. 22. bond.

APPROVED, March 3, 1857.

CHAP. XCIX.-An Act making a Grant of Land to the Territory of Minnesota, in alter- March 3, 1857. nate Sections, to aid in the Construction of certain Railroads in said Territory, and granting Public Lands in alternate Sections to the State of Alabama, to aid in the Construction of a certain Railroad in said State.

Grant of land to Minnesota for

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be and is hereby railroads. granted to the Territory of Minnesota, for the purpose of aiding in the construction of railroads, from Stillwater, by way of Saint Paul and Saint Anthony, to a point between the foot of Big Stone Lake and the mouth of Sioux Wood River, with a branch via Saint Cloud and Crow Wing, to the navigable waters of the Red River of the north, at such point as the Legislature of said Territory may determine; from St. Paul and from Saint Anthony, via Minneapolis, to a convenient point of junction west of the Mississippi, to the southern boundary of the Territory in the direction of the mouth of the Big Sioux River, with a branch, via Faribault, to the north line of the State of Iowa, west of range sixteen; from Winona, via Saint Peters, to a point on the Big Sioux River, south of the forty-fifth parallel of north latitude; also from La Crescent, via Target Lake, up the valley of Root River, to a point of junction with the last mentioned road, east of range seventeen, every alternate section of land, designated by odd numbers, for six sections in width on each side of each of said roads and branches; but in case it shall appear that the United States have, when the lines or routes of said roads and branches are definitely fixed, sold any sections, or any parts thereof, granted as aforesaid, or that the right of preemption has attached to the same, then it shall be lawful for any agent, or agents, to be appointed by the Governor of said Territory or future State to select, subject to the approval of the Secretary of the Interior, from the lands of the United States

Grant in lieu of lands preempted or sold.

nearest to the tiers of sections above specified, so much land, in alternate sections, or parts of sections, as shall be equal to such lands as the United States have sold, or otherwise appropriated, or to which the rights of preemption have attached, as aforesaid; which lands (thus selected in lieu of those sold, and to which preëmption rights have attached as aforesaid, together with the sections and parts of sections designated by odd numbers as aforesaid, and appropriated as aforesaid) shall be held by the Territory or future State of Minnesota for the use and purpose aforesaid: Provided, That the land to be so located shall, in no case, be further than fifteen miles from the lines of said roads or branches, and selected for and Lands how ap- on account of each of said roads or branches: Provided further, That the plied. lands hereby granted for and on account of said roads and branches, severally, shall be exclusively applied in the construction of that road for and on account of which such lands are hereby granted, and shall be disposed of only as the work progresses, and the same shall be applied to no other Act not to ap- purpose whatsoever: And provided further, That any and all lands heretoply to reservation fore reserved to the United States, by any act of Congress, or in any other except as to right manner by competent authority, for the purpose of aiding in any object of

of way.

Price of alternate sections doubled.

Object of grant.

internal improvement, or for any other purpose whatsoever, be and the same are hereby reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of said railroads and branches through such reserved lands, in which case the right of way only shall be granted, subject to the approval of the PresiIdent of the United States.

SEC. 2. And be it further enacted, That the sections and parts of sections of land which by such grant shall remain to the United States, within six miles on each side of said roads and branches, shall not be sold for less than double the minimum price of the public lands when sold; nor shall any of said lands become subject to private entry until the same shall have been first offered at public sale at the increased price.

SEC. 3. And be it further enacted, That the said lands hereby granted to the said Territory or future State shall be subject to the future disposal of the Legislature thereof for the purposes herein expressed and no other; Railroads to be and the said railroads and branches shall be and remain public highways a highway for for the use of the Government of the United States, free from toll or government.. other charge upon the transportation of any property or troops of the United States.

Lands how disposed of.

Transportation of mails.

This act not to

SEC. 4. And be it further enacted, That the lands hereby granted to said Territory or future State shall be disposed of by said Territory or future State only in the manner following, that is to say: That a quantity of land not exceeding one hundred and twenty sections for each of said roads and branches, and included within a continuous length of twenty miles of each of said roads and branches, may be sold; and when the Governor of said Territory or future State shall certify to the Secretary of the Interior that any twenty continuous miles of any of said roads or branches is completed, then another quantity of land hereby granted, not to exceed one hundred and twenty sections for each of said roads and branches having twenty continuous miles completed as aforesaid, and included. within a continuous length of twenty miles of each of such roads or branches, may be sold; and so from time to time until said roads and branches are completed; and if any of said roads or branches is not completed within ten years no further sale shall be made, and the lands unsold shall revert to the United States.

SEC. 5. And be it further enacted, That the United States Mail shall be transported over said roads and branches, under the direction of the Post-Office Department, at such price as Congress may by law direct: Provided, That until such price is fixed by law the Postmaster-General shall have the power to determine the same.

SEC. 6. And be it further enacted, That in case any lands on the line

of said roads or branches are within any Indian territory no title to the apply to lands in same shall accrue, nor shall the same be entered upon by the authority of any territory till their title is exsaid Territory or State until the Indian title to the same shall have been tinguished. extinguished.

SEC. 7. And be it further enacted, That there be and is hereby granted to the State of Alabama, for the purpose of aiding in the construction of a railroad "from the line of Georgia, on the Chattahoochee River, to the city of Mobile, Alabama," "through the counties of Henry, Dale, Coffee, Covington, Conecuh, Baldwin and Mobile," and a branch railroad "from Eufaula to Montgomery," "through the counties of Barbour, Pike, Macon and Montgomery," chartered by the State of Alabama by an act entitled "An act to authorize the Savannah and Albany Railroad Company to extend their railroad from the line of Georgia, on the Chattahoocee River, to the city of Mobile, Alabama, and to extend a branch road from Eufaula to Montgomery," approved December twentieth, eighteen hundred and fifty-three, alternate sections of the public lands to the same extent and in the same manner, and upon the same limitations and restrictions in every respect, as was granted to aid in the construction of other railroads under an act of Congress entitled "An act granting public lands in alternate sections to the State of Alabama to aid in the construction of certain railroads in said State," approved June three, eighteen hundred and fifty-six.

APPROVED, March 3, 1857.

CHAP. C.-An Act to divide the State of Missouri into two Judicial Districts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Missouri is hereby divided into two judicial districts, in the following manner, to wit: the counties of Schuyler, Adair, Knox, Shelby, Monroe, Audrain, Montgomery, Gasconade, Franklin, Washington, Reynolds, Shannon, and Oregon, as the same were bounded on the first day of January, eighteen hundred and fifty-seven, with all that part of the State lying east of the above-mentioned counties, shall compose one district, to be called the eastern district of Missouri, and a court shall be held for the said district at the city of Saint Louis, in said State. All the remaining part of said State shall compose another district, to be called the western district of Missouri, and a court shall be held for the same in the city of Jefferson, in said State.

Similar grant

to Alabama.

1856, ch. 41. Ante, p. 17.

March 3, 1857.

Missouri divided into two judicial districts.

Shire towns.

Terms of dis

SEC. 2. And be it further enacted, That there shall be two terms of the district court begun and held in and for said western district, at the trict courts. city of Jefferson, on the first Mondays of March and September of each year; and there shall be three terms of the district court begun and held in and for said eastern district, at the city of St. Louis, on the third Mondays of February, May, and November of each year; and the said courts are hereby authorized to hold adjourned terms when the business before the court shall, in the opinion of the court, require it.

SEC. 3. And be it further enacted, That all suits and other proceedings Pending cases of whatever name or nature now pending in the district court of the to be tried in the United States for the present district of Missouri, shall be tried and dis- western district. posed of in the district court for said western district, in the same manner as the same would have been in case said State had not been divided into two districts; and for that purpose the jurisdiction is reserved to said district court in the said western district; and all process and other proceedings taken or issued or made returnable to the district court for the present district of Missouri, shall be returnable at the next term of said district court in and for said western district of Missouri.

Pending cases

SEC. 4. And be it further enacted, That upon the application of any party to any suit now pending in the district court for the present district may be removed

by consent.

to eastern district of Missouri, and which would have been commenced in the said eastern district if this act had been in force before the commencement of said suit, the district court for said western district may, and if all parties consent, shall order that the same be removed for further proceedings to the district court for the said eastern district; and thereupon the clerk of the district court for said western district shall transmit all the papers in the cause, with a transcript of the order of the removal, to the clerk of the district court of said eastern district, and all further proceedings shall be had in said court as if the suit had been originally commenced therein. SEC. 5. And be it further enacted, That the present judge of the disjudge to be judge trict of Missouri, be and he is hereby assigned to hold said district court in and for the western district of Missouri, and shall exercise the same jurisdiction and perform the same duties within said western district as he now exercises and performs within his present district.

Present district

of the western

district.

Process.

Judge for eastern district to be appointed.

Salary.

District Attorney, Marshal and Clerk.

Same subject.

Circuit Court for Missouri.

Jurisdiction.

SEC. 6. And be it further enacted, That final process upon any judgment or decree entered in the district court of the United States for the district of Missouri, and all other process for the enforcement of any order of said court, in any cause now pending therein, except causes removed as hereinbefore provided shall be issued from and made returnable to the district court for said western district of Missouri, and may run and be executed by the marshal of said western district, in any part of said State.

SEC. 7. And be it further enacted, That the office of district judge of said eastern district of Missouri, be and the same is hereby created, and a fit person shall be appointed such district judge, who shall exercise the same jurisdiction and perform the same duties within said eastern district as the district judge of the present district of Missouri now exercises and performs within his present district. And the district judge of said eastern district shall be entitled to an annual salary of three thousand dollars, and the judge of the western district the salary now provided by law.

SEC. 8. And be it further enacted, That the present district attorney for the district of Missouri shall be the district attorney for the said eastern district; the present marshal for the district of Missouri shall be marshal for said eastern district; and the present clerk of the district court for the district of Missouri shall be clerk of the district court for said western district.

SEC. 9. And be it further enacted, That there be appointed a district attorney and a marshal for said western district; and a clerk of the district court for said eastern district shall be appointed by the judge thereof.

SEC. 10. And be it further enacted, That the circuit court of the United States in and for the present district of Missouri, shall be begun and held at the same times and place as heretofore; it shall in all things retain jurisdiction of all matters now pending therein, and have and exercise the same original jurisdiction in said State as is vested in the several circuit courts of the United States, as organized under existing laws, and shall also have and exercise the same appellate jurisdiction over the district courts of the United States for said eastern and western districts of Missouri as by existing laws is vested in the several circuit courts of the United States over the district courts of the United States, in their respective circuits. Said circuit court shall be called the circuit court in and for the districts of Missouri, and shall be composed of the justice of the supreme court assigned to said circuit and the two judges of the eastern and western districts of Missouri, but may be held by any one or By whom held. more of said three judges in the absence of the remainder. Said justice of the supreme court, or in his absence, the oldest in commission of said two district judges, shall be the presiding judge of said circuit court; and in case of any division of opinion among the judges of said circuit court, the opinion of the presiding judge shall prevail and be the judg

ment of the said circuit court; but on any appeal to said circuit court from one of the said district courts, the judge of the district court from which such appeal was taken shall not sit in said circuit court on the trial or decision of the case so carried by appeal to said circuit court. The clerk of the circuit court for the present district of Missouri shall be and remain the clerk of the circuit court as modified by this act. The district attorney and marshal for said eastern district of Missouri shall act as such district attorney and marshal in said circuit court; but the process of said circuit court may be directed to the marshal of either of said eastern and western districts of Missouri, and shall be executed only by the marshal to whom it is directed, or by his duly appointed deputy, in his district.

APPROVED, March 3, 1857.

Clerk.

District Attor

ney.

Marshal.

CHAP. CI.—An Act to amend the "Act reducing the Duty on Imports, and for other Pur- March 3, 1857. poses," passed July thirtieth, eighteen hundred and forty-six.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the eighth section of the act approved July thirty, eighteen hundred and forty-six, and entitled "An act reducing the duty on imports, and for other purposes," be amended as follows:

1846, ch. 74, § 8. Vol. ix. p. 43.

Additions may

entries.

Additional

entered ten per cent. too low.

SEC. 2. And be it further enacted, That it shall be lawful for the owner, consignee, or agent of imports which have been actually purchased, or be made to the procured otherwise than by purchase, on entry of the same, to make such value of goods in addition in the entry to the cost or value given in the invoice as, in his opinion, may raise the same to the true market value of such imports in the principal markets of the country whence the importation shall have been made; and to add thereto all costs and charges which, under existing laws, would form part of the true value at the port where the same may be entered, upon which the duties should be assessed. And it shall be duty on goods the duty of the collector within whose district the same may be imported or entered, to cause the dutiable value of such imports to be appraised, estimated, and ascertained, in accordance with the provisions of existing laws; and if the appraised value thereof shall exceed, by ten per centum or more, the value so declared on the entry, then, in addition to the duties imposed by law on the same, there shall be levied, collected, and paid a Duty never to duty of twenty per centum ad valorem on such appraised value: Provided, be assessed on nevertheless, That under no circumstances shall the duty be assessed upon value. an amount less than the invoice or entered value, any law of Congress to the contrary notwithstanding. APPROVED, March 3, 1857.

less than invoice

March 3, 1857.

Selma, (Ala.) made a port of delivery.

CHAP. CII.—An Act to constitute Selma, in the State of Alabama, a Port of Delivery. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Selma, in the State of Alabama, shall be and is hereby constituted a port of delivery within the collection district of New Orleans; and there shall be appointed a surveyor of customs, to reside at said port, who shall, in addition to his own Post, p. 260. duties, perform the duties and receive the salary and emoluments prescribed by the act of Congress, approved on the second of March, eighteen hundred and thirty-one, for importing merchandise into Pittsburg, Wheeling, and other places.

1831, ch. 87, § 5.

Vol. iv. p. 481.

APPROVED, March 3, 1857.