Page:United States Statutes at Large Volume 9.djvu/547

THIRTY—FIR.ST CONGRESS. Sess. I. Ch. 86. 1850. 521 benefit of his widow, who shall receive one hundred and sixty acres of land in case her husband was killed in battle, but not to her heirs, Pro- Proviso. vided, She is unmarried at the date of her application. Provided fur- Further pro rim-, That no land warrant issued under the provisions of this act shall Vi"- be laid upon any land of the United States to which there shall be a pre-emption right, or upon which there shall be an actual settlement and cultivation, except with the consent of such settler, to be satisfactorily proven to the proper land officer. Sec. 4. And be it further enacted, That all sales, mortgages, letters All sales,mortof attorney, or other instruments of writing, going to affect the title or @8*;, and 1* claim to any warrant or certificate issued, or to be issued, or any land :§lf,,%,,§"°":,?,; granted, or to be granted, under the provisions of this act, made or ex- title to iandwarecuted prior to the issue, shall be null and void to all intents and pur- f;',!:;, E poses whatsoever; nor shall such certificate or warrant, or the land orsaid warrants, obtained thereby, be in any wise affected by, or charged with, or *° b° V°idsubject to, the payment of any debt or claim incurred by such officer or soldier, prior to the issuing of the patent : Provided, That the ben- Proviso. eiits of this act shall not accrue to any person who is a member of the present Congress. Provided further, That it shall be the duty of the _Further procommissioner of the general land office, under such regulations as “*°· may be prescribed by the Secretary of the Interior, to cause to be located, free of expense, any warrant which the holder may transmit to the general land office for that purpose in such State and land district as the said holder or warrantee may designate, and upon good farming land, so far as the same can be ascertained from the maps, plats, and field notes of the surveyor, or from any other information in the possession of the local office, and, upon the location being made as aforesaid, the Secretary shall cause a patent to be transmitted to such warrantee: And provided further, That no patent issued under this act shall be Further pro delivered upon any power of attorney or agreement dated before the Visopassage of this act, and that all such powers of attorney or agreements be considered and treated as null and void. Approved, September 28, 1850. Gun. LXXXVI.—An Act to provide for extending the Laws and·the Judicial Sept. 28, 1850. _ System of the United States to the State of California. ·-————-1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembkd, That all the laws Laws ¤ftheU. of the United States which are not locally inapplicable shall have the §t“*§:a';‘;,L';°,;2 same force and effect within the said State of California as elsewhere extended over within the United States. °¤¤*·¤¤i¤· Sec. 2. And be it jnrther enacted, That the said State shall com- Divided into pose two districts, to be called the northern and southern districts of mf, ¤°'?:°“\ California, divided by the thirty-seventh parallel of north latitude. And 3,;t,.m;°° m for the purpose of trying all issues of fact triable by a jury in said dis- Qvurt 9iH9¤r9= tricts, a District Court shall be held in said districts, to consist of one -l““"d‘°' judge, who shall reside within the district to which he is appointed, and be called a district judge, and shall in all things have and exercise the 1853 Cb_ 80 §6_ same jurisdiction and powers which were by law given to the judge of ’ ` the southern district of New York; the said judge shall appoint a clerk at the place at which a court is holden within the district, who. shall reside and keep the records of the court at the place of holding the same; and shall receive for the services they may perform, for the first four years alter the passage of this act, double the amount allowed to the clerk of the southern district of New York; and thereafter shall Vox,. IX. Pus.—66