Page:United States Statutes at Large Volume 12.djvu/417

 THIRTY-SEVENTH CONGRESS. Sess. H. Ch. 71, 72. 1862. 387 proceed, there being a judge present at each place, or the court intervening may be adjourned over, as herein provided, till the business of the court in session is concluded. Sec. 7. And be it further enacted, That s. clerk shall be appointed at Cleljk q!" circuit every place of holding circuit and district courts for the district of Ken- :§31,gf°"°° tucky, in like manner and subject to the same duties and responsibilities that other clerks are subject to in other independent districts; the dep- Deputies at uty clerks at Covington, Louisville, and Paducah shall perform the duties Covington, &e. of the offices, respectively, till clerks are duly appointed and qualified. Sec. 8. And be it further enacted, That commissioners appointed by Commissioners the courts of the United States to take bail, nthduvits, and so forth, shall t° mm bmi &°‘ have like powers to take surety of the peace and for good behavior, ac- 1798, ch. 83. cording to the act of July sixteen, seventeen hundred and ninety-eight, Vol. i. p. 609. that other officers designated by said act now have. Sec. 9. And be it further enacted, That all process which shall not Pmvisioum have been returned when this act takes effect shall be returnable to the pending pmm, terms, respectively, herein fixed; and the clerk, upon issuing original not returned. pmcess in a civil action, shall make it returnable to the court nearest to the county of the residence of the defendant, or of that defendant whose county is nearest s. court, if he have infomation sufficient, and shall immediately, upon the payment by the plaintiif of his fees accrued, send the papers tiled to the clerk of the court to which the process is made returnable; and whenever the process is not thus. made returnable, the defendant or defendants may, upon motion, on or before the calling of the cause, have it transferred to the court to which it should have been sent had the clerk known the residence of the defendant or defendants when the action was brought. Sec. 10. And be it further enacteed That in case of the existence of 1;,;;;,0,,,;,, bail bonds for the appearance of persons to answer, it shall be the duty of the clerk to call the parties at the time they are bound to appear, and, if they Fail, to enter the same on his minutes, on which entry a judgment Default may afterwards be made of record by the court; and if the party appears, the clerk shall take another bond, with sureties similar to the first, Ncwbomi, for further appearance at the next succeeding term of the court, and if the party fail to give bond and surety, then he shall stand committed by order of the clerk till he does comply. Sec. 11. And be it further enacted, That all laws and parts of laws Itepm ofin. inconsistent herewith are hereby repealed, and this act shall be in force °°¤¤l¤*·°¤Ul“'*· from and after its passage. Approved, May 15, 1862. Can. LXXII. -An Act to establish a Department of Agriculture. Be it enacted by the Senate and fbuse of Representatives of the United Department 0 States of America in Congress assembled, That there is hereby estab- Agriculture ss. lished at the seat of Government of the United States a. Department of **bh5h°d- Agriculture, the general designs and duties of which shall be. to acquire and to di&`use among the people of the United States useful mformation 011 subjects connected with agriculture in the most general and coltlprehensive sense of that word, and to procure, propagate, and distribute among the people new and valuable seeds and plants. . Sec. 2. And be it jarther enacted, That there shall be appomted by gpmniiisioner the President, by and with the advice and consent of the Senate, a. “C0m- ° gm ‘“°' missioner of Agrleulture," who shell be the chief executive officer of the Department of Agriculture, who shall hold his office by st tenure similar Term ofoeiee. to that of other civil oiilcers appointed by the President, and who shall Twelve for his compensation a salary of three thousand dollars per annum. Sm'?- Sec. 3. And be it further enacted, That it shall be the duty of the