Page:United States Statutes at Large Volume 5.djvu/385

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TVVENTY-FIFTH CONGRESS. Sess.]H. Ch.83. 1839. 349 Treasury, that in any case of unascertained duties or duties paid under protest more money has been paid to the collector or person acting as such than the law requires should have been paid, it shall be his duty to draw his warrant upon the Treasurer in favor of the person or persons entitled to the over-payment, directing the said Treasurer to refund the(sz;me out of any money in the Treasury not otherwise appr0· prrate . at _ See. 3. And be zt further enacted, That no officer in any branch of No person, the public SCIVIOC, OT Elly other p€I`SOI1 whose salaries, Ol' Wll0SC pay O1' whose Sala!'!`: emoluments is or are fixed by law and regulations, shall receive any fgfyfggll Qzm extra allowance or compensation in any form whatever for the disburse- allnwangle, tm. ment of public money, or the performance of any other service, unless less authorized the said extra allowance or compensation be authorized bylaw; nor bY1"'· shall any executive officer, other than the heads of departments, apply more than thirty dollars, annually, out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office. Approved, March 3, 1839. Summa III. Can. LXXX1`[I.—-./2n .L7ctfm· the relief of the Qrotluzrtuwn Indians, in the Terri- Much 3, 1839. tory if Wiscomm. .. t Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the township Awwnship of of land containing twenty-three thousand and forty acres, lying on the land, lying,_&,c. east side of Winnebago lake, in the Territory of Wisconsin, which, by :‘n*:gnl’° gv1d6d the proviso of a treaty made with the Menomonie Indians on the seven- g’ °‘ tecnth February, eighteen hundred and thirty-one, and ratified on the ninth July 1832, was reserved for the use of the Brotherton or Brothertown Indians, and which by a subsequent treaty with the Menomonie tribe, bearing date 27th October 1832, and ratified 13th March 1833, was further secured to the said Brothertown Indians, may be partitioned and divided among the different individuals composing said tribe of Brothertown Indians, and may be held by them separately and severally in fee simple, after such division shall have been made in the manner hereafter mentioned. (a) Since the passage of the act of Congress of March 3, 1839, chap: 82, sec. 2, which requires eollectors of the customs to place to the credit of the Treasurer of the United States all moneys which they receive for unasccrtained duties, or for duties Paid under protest, un action of assumrpsit for money had and received will not lie against the collector or the return of such duties so receive by him. Carey v. Curtis, 3 Howard, 236. _ _ _ _ In what other modes the claimant can have access to the courts of Justice this court ts not called upon to decide in this case. I bid. _ _ _ _ [Congress being in session when the decision of the court in tho case of Carey v. Curtis, 3 Howard, 236, was made, the following act was passed.] CHAP. XXII.--An Ac! explanatory of an not entitled "A1t. art mqking appropriations; for ipe civil and diplomatic expenses of Government for the year one thousand eight hundred and thzrty-nm:." Be it enacted by the Senate and House of Representatives rg the United States if America in Congress assembled, That nothing contained in the second section of the act entitled "An act rnaking appropriations for the civil and diplomatic expenses of Government for thedyear one thousand eight hun red and thirty—mne," approved on the thir day of March, one rhousan crght hundred and thuiy-mne, shall take away, or be construed to take away or impair, the right of any person or persons who have paid or shall hereafter pay money, as and for duties, under protest, to any collector of the customs, or other person acting as such, in order to obtain goods, wares, or merehan ise, imported by him or them, or on , is or their account, which duties arc not authorized or payable in part or in whole by law, to maintain any action at law against such collector, or other_person acting as such, to ascertain and try the legality and validity of such demand and payment of duties, and to have a right to a mal by jury, touching the same, according to the due course of law. Nor shall any thing contained in the seecn section of the act aforesaid be construed to authorize the Secretary of the Treasury to refund any duties paid under protest; nor shall any action be maintained against any collector,_to recover the amount of dunes so paid under protest, unless the said protest was made in writtirltig, and signed bg the claimant, at or before the playmegzt of said duties, setting forth distinctly and spec cally the groun s of obgecuun to the payment I ereo . Approved, February 26 1845. ' 2 E