Page:United States Statutes at Large Volume 13.djvu/469

 THIRTY·-EIGHTH CONGRESS. Sess. II. Ch. 64, 67. 1865. 441 poses," approved March third, eighteen hundred and sixty-three, shall be 1863, cn. 100. applicable to the appointment of special sessions of the circuit courts in WL P·79=l=· the district of Nevada, and to the appointment of clerks and deputy clerks gmk; and of the circuit courts of the districts of Nevada and Oregon ; and that the <l<=P¤*i¤¤· clerk of the circuit court in the districts of Nevada, Oregon, and Califor- . nie shall be also clerk of the district court in said districts, and shall receive for like services the same fees and compensation which are allowed by law to the clerks of the circuit and district courts of the United States for California: Provided, That the clerk in each of said districts shall be Proviso- Limit allowed by the Secretary of the Interior to retain of the fees and emolu- g.°°° "°"°“'°d’ ments received by him as clerk of both courts, over and above the necessary expenses of his offices and necessary clerk—hire included, to be audited and allowed by the proper accounting officers of the treasury, only such sum per annum as is now allowed by law to the clerk of one of said courts, and shall pay the remainder into the public treasury, under oath, in the manner and under the regulations now prescribed by law. Sec. 8. And be it farther enacted, That all cases of appeal or writ of Appeals and error heretofore prosecuted and now pending in the supreme court of the lzrsfigg g;'?,;, United States, upon any record from the supreme court of the Territory guprging court of of Nevada, may be heard and determined by the supreme court of the the U¤i¤d United States, and the mandate of execution or of further proceedings Sum' shall be directed by the supreme court of the United States to the district court of the United States for the district of Nevada, or to the supreme court of the State of Nevada, as the nature of said appeal or writ of error may require, and each of these courts shall be the successor of the supreme court of Nevada Territory as to all such cases, with full power to hear and determine the same, and to award mesne or final process thereon. And from all judgments and decrees of the supreme court of the Territory of Nevada, prior to its admission into the Union as a state, the parties to said judgments and decrees shall have the same right to prosecute appeals and writs of error to the federal courts' as they would have had under the laws of the United States if this act had been passed simultaneously with the act admitting said state into the Union: Provided, That Provisc. said appeals shall be prosecuted and said writs of errors sued out at any time before the first day of July, eighteen hundred and sixty-six. Sec. 9. And be it further enacted, That no possessory action between _Poss¤ssory acindividuals in any of the courts of the United States for the recovery of ;°' lg? mm any mining title, or for damages to any such title, shall be affected by the ,,,8 Haq, fact that the paramount title to the land on which such mines are, is in the United States, but each case shall be adjudged by the law of possession. Approved, February 27, 1865. Cnan. g;l1lA:·t to rez.B:etcertai13Prov£aton.;I¢_2'tIneA.ct  "Am;4:%i4t7her Feb. 28, 1865. pnwtdetw time utonm anmnagapmveda ree, esyhteen hfulred and _;‘ic_ftecn,"¢;11d_fb:·8other Pm. up Be it enacted by the Senate and Muse of Representatives of the United States of America in Congress assembled, That the first sentence of the second section of the act entitled “An act further to provide for the collection of duties on imports and tonnage," approved March three, eighteen hundred and fifteen, to wit z “That it shall be lawful for any collector, naval Beasts of burofficer, surveyor or inspector of the customs, as well in any adjoining dis- gz? fgfgftggb trict as that to which he belongs, to stop, search, and examine any carriage smniggled goods, or vehicle of any kind whatsoever, and to stop any person travelling on hQW°g•¤Ydb° foot or beast of burden on which he shall suspect there are goods, wares, $3:,,,,,:1 °°°` or merchandise which are subject to duty, or which shall have been introduced into the United States in any manner contrary to law; and if such officer shall stop any goods, wares, or merchandise on any such carriage, vehicle, person travelling on foot or beast of burden, which he shall have