limited. may be taken on by a citizen of any foreign country, shall take on board such board of vessels vessel, at any foreign port or place, a greater number of passengers than in the following proportion to the space occupied by them and appropriated for their use, and unoccupied by stores or other goods, not being the personal luggage of such passengers, that is to say, on the lower deck or platform one passenger for every fourteen clear superficial feet of deck, if such vessel is not to pass within the tropics during such voyage; but if such vessel is to pass within the tropics during such voyage, then one passenger for every twenty such clear superiicial feet of deck, and on the orlop deck (if any) one passenger for every thirty such superficial feet in all cases, with intent to bring such passengers to the United States of America, and shall leave such port or place with the same, and bring the same, or any number thereof, within the jurisdiction of the United States aforesaid, or if any such master of a vessel shall take on board of his vessel at any port or place within the jurisdiction of the United States aforesaid any greater number of passengers than the propor tions aforesaid admit, with intent to carry the same to any foreign port or place, every such master shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any circuit or district court of the United States aforesaid, shall, for each passenger taken on board beyond the above proportions, be fined in the sum of fifty dollars, and may also be imprisoned for any term not exceeding one year: Provided, That this act shall not be construed to permit any ship or vessel to carry more than two passengers to five tons of such ship or vessel. Penalty. Proviso. passengers more be forfeited to Tiers of berths Vessels having SEC. 2. And be it further enacted, That if the passengers on board twenty so taken on board of such vessel, and brought into or transthan the number ported from the United States aforesaid, shall exceed the limited by the number limited by the last section to the number of twenty in last section, to the whole, such vessel shall be forfeited to the United States the U.States. aforesaid, and be prosecuted and distributed as forfeitures are, under the act to regulate duties on imports and tonnage. SEC. 3. And be it further enacted, That if any such vesand space allot- sel as aforesaid shall have more than two tiers of berths, or ted for passen- in case, in such vessel, the interval between the floor and the deck or platform beneath shall not be at least six inches, and the berths well constructed, or in case the dimensions of such berths shall not be at least six feet in length, and at least eighteen inches in width, for each passenger as aforesaid, then the master of said vessel, and the owners thereof, severally, shall forfeit and pay the sum of five dollars for each and every passenger on board of said vessel on such voyage, to be recovered by the United States as aforesaid, in any circuit or district court of the United States where such vessel may arrive, or from which she sails, gers. Penalty. SEC. 4. And be it further enacted, That, for the purposes Children. of this act, it shall in all cases be computed that two chil dren, each being under the age of eight years, shall be equal to one passenger, and that children under the age of one year shall not be included in the computation of the number of passengers. on the vessels SEC. 5. And be it further enacted, That the amount of Penalties imthe several penalties imposed by this act shall be liens on posed by this the vessel or vessels violating its provisions; and such act to be liens vessel may be libelled and sold therefor in the district court violating its proof the United States aforesaid in which such vessel shall arrive. visions, &c. Approved, February 22, 1847. CHAP. 17-AN ACT to regulate the exercise of the appellate jurisdiction of the Supreme Court of the United States, in certain cases, and for other purposes. certain cases to court of the U. 319. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all and singular the records of the proceedings Records and in the several cases which were pending in the superior courts proceedings in of the [of the] late Territory of Florida, under and by virtue be transferred of the act of Congress of the twenty-third of May, eighteen to the district hundred and twenty-eight, entitled, "An act supplementary S. for the disto the several acts providing for the settlement and confirma- trict of Florida. tion of private land claims in Florida," and under and by "See vol.8,p.66. virtue of an act entitled, "An act to provide for the final settlement of land claims in Florida," approved twenty-sixth May, eighteen hundred and thirty, and in the several cases See vol. 8, p. which were pending in the court of appeals of the same Territory, on the third day of March, in the year of our Lord one thousand eight hundred and forty-five, and all and singular the records of the proceedings in the several cases in which judgments or decrees had been rendered in the said courts on or before that day, and from which writs of error could have been sued out, or appeals could have been taken, or from which writs of error had been sued out, or appeals had been taken and prosecuted to the Supreme Court of the United States, according to the laws of the United States which were in force on the said third day of March, in the year of our Lord one thousand eight hundred and forty-five, shall, from and after the passing of this act, be transferred to and deposited in the district court of the United States for the district of Florida. cause the same to be notified to SEC. 2. And be it further enacted, That it shall be the The judge to duty of the judge of the district court of the United States for the district of Florida, immediately after the passing of the clerks of this act, to cause the same to be notified to the several clerks the of the superior courts, or to other officers or persons having superior courts, &c. Writs of error States. in their possession or custody the records of the proceedings in the first section of this act referred to and described, and to demand the delivery of the same, to be deposited, as in and by the said first section of this act is required; and on the refusal of such clerk or other officer or person to comply with such demand, the said judge of the district court of the United States is hereby authorized and required to compel the delivery of the said records by attachment or otherwise, aceording to law. SEC. 3. And be it further enacted, That in all cases in and appeals to which judgment or decrees have been rendered in the said the Supreme Court of the U. superior courts or court of appeals of the late Territory of Florida, and from which writs of error have been sued out or appeals have been taken to the Supreme Court of the United States, the said Supreme Court shall be, and is hereby, authorized to hear and determine the same, and the mandates of the said Supreme Court for the execution of the judgments or decrees so to be rendered by them, and all other writs which may be necessary in the exercise of the appellate jurisdiction of the said court in such cases, shall be directed to the district court of the United States for the district of Florida, and the said district court shall cause the same to be duly executed and obeyed. District Court tain cases. *See vol. 8, p. 66. SEC. 4. And be it further enacted, That the district court of Florida to of the United States for the district of Florida shall take take cognizance of cer- cognizance of all cases which were pending and undeter mined in the said superior courts, under and by virtue of the act of Congress of the twenty-third May, eighteen hundred and twenty-eight, entitled "An act supplementary to the several acts providing for the settlement and confirmation of private land claims in Florida," and under and by virtue of an act entitled "An act to provide for the final settlement of land claims in Florida," approved twenty-sixth May, eighteen hundred and thirty;* and of all cases which were pending and undetermined in the court of appeals of the late Terri tory of Florida, and from the judgments or decrees to be ren dered in which writs of error could have been sued out or appeals could have been taken to the Supreme Court of the United States under the laws which were in force on the third day of March, in the year of our Lord one thousand eight hundred and forty-five, and shall proceed to hear and determine the same; and from the judgments or decrees to be rendered by the said district court, writs of error may be sued out or appeals may be taken to the Supreme Court of the United States, in the same manner as if such judgments or decrees had been rendered in the court of appeals of the Territory of Florida; and the mandates, and all writs neces sary to the exercise of the appellate jurisdiction of the said Supreme Court, in such cases, shall be directed to the district court of the United States for the district of Florida, and the said district court shall cause the same to be duly executed and obeyed. tain of error and SEC. 5. And be it further enacted, That in all cases not One year allegally transferred to the State courts in which judgments or lowed to the decrees have been rendered in the superior courts or court of Parlesses for appeals of the late Territory of Florida from which writs of sueing out writs error could have been sued out or appeals could have been taking appeals taken to the court of appeals of said Territory, or to the Su- to the Supremne preme Court of the United States, under the laws which were in Court U. 'S. force on the third day of March, in the year of our Lord one thousand eight hundred and forty-five, and in which writs of error have not hitherto been sued out or appeals have not hitherto been taken, there shall be allowed to the parties in the said cases the term of one year, from and after the passing of this act, for sueing out such writs of error or taking such appeals to the Supreme Court of the United States, which shall have jurisdiction to review the same. ceedings. SEC. 6. And be it further enacted, That any unfinished Unfinished bubusiness or proceedings now remaining or pending before the siness and projudge of the superior court at St. Augustine, as a commissioner under and by virtue of the "Act for the relief of certain inhabitants of East Florida," approved twenty-sixth June, eighteen hundred and thirty-four, or under any other See vol. 9, p. act granting special powers, or imposing special duties upon 59. said judge, be, and the same are hereby, transferred to the judge of the district court of the district of Florida, to be proceeded in and finished, or decided in the same manner provided for by law; and the said district judge shall have, exercise, and possess, the same duties, powers, and rights, which have by virtue of the act of twenty-sixth June, eighteen hundred and thirty-four aforesaid, or otherwise been possessed and exercised by the said judge of the superior court at St. Augustine, so far as may be necessary to enable the said district judge to determine and finish any matter, business, or proceedings now pending and undetermined before the judge of the superior court aforesaid, by virtue of any such special act. to tory of Michi SEC. 7. And be it further enacted, That all and singular, The provisions the provisions of this act, so far as may be, shall be, and of this act made applicable they are hereby, made applicable to all cases which were cases pending pending in the supreme or other superior courts of and for in the courts of the late Territory of Michigan, at the time the said Territory the late Terri was admitted as a State into the Union, and to all cases in gan. which judgments or decrees have been rendered in said supreme or superior court of said late Territory of Michigan, and not hitherto reinoved as aforesaid by writ of error or appeal. SEC. 8. And be it further enacted, That in all cases pending in any of the superior courts of said Territory of Florida, which are to be Other transferred for the district Writs of error and appeals. to or in the court of appeals of said Territory, on the third day the dist. court of March, eighteen hundred and forty-five, and not legally of Florida, transferred to the State courts of the State of Florida, and which said Territorial courts continued to hold cognizance of, and proceeded to determine after said day, or which are claimed to have been since pending therein as courts of the United States; and in all cases of federal character and jurisdiction commenced in said Territorial courts after said day, and in which judgments or decrees were rendered, or which are claimed to have been since pending therein, the records and proceedings thereof, and the judgments or decrees therein, are hereby transferred to the district court of the United States for the district of Florida; and writs of error and appeals may be taken by either party to remove the judgments or decrees that have been, or may be, rendered in such cases unto the Supreme Court of the United States, and the Supreme Court may hear and decide such cases on such writ of error or appeal, and issue its mandate to said district court: Provided, however, Such writ of error or appeal shall be taken within one year from the passage of this act, or one year from the rendition of such judgment or decree hereafter rendered: And provided, also, That nothing in this act shall be construed as affirming or disaffirming the jurisdiction, power, or authority of the Territorial judges to proceed in or try, or determine, such cases after the third of March, eighteen hundred and forty-five, but the same may be referred to said Supreme Court for its decision in all said cases on such writ of error or appeal. Proviso. Approved, February 22, 1847. CHAP. 18.-AN ACT for the relief of Ray Tompkins and others, the children and heirs-at-law of the late Daniel D. Tompkins. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asThe sum of sembled, That the Secretary of the Treasury be, and he is $45,795 02 to be hereby, authorized and directed to pay, out of any money in paid them. the Treasury not otherwise appropriated, to the children and |