TWENTY-FIFTH CONGRESS. Sess.III. Ch.83. 1839.

349

Treasury, that in any case of unascertained duties or duties paid underprotest more money has been paid to the collector or person acting assuch than the law requires should have been paid, it shall be his dutyto draw his warrant upon the Treasurer in favor of the person or per-sons entitled to the over-payment, directing the said Treasurer to re-fund the same out of any money in the Treasury not otherwise appro-priated. («)

Sec. 3. And be it further enacted , That no officer in any branch ofthe public service, or any other person whose salaries, or whose pay oremoluments is or are fixed by law and regulations, shall receive anyextra allowance or compensation in any form whatever for the disburse-ment of public money, or the performance of any other service, unlessthe said extra allowance or compensation be authorized bylaw; norshall any executive officer, other than the heads of departments, applymore than thirty dollars, annually, out of the contingent fund under hiscontrol, to pay for newspapers, pamphlets, periodicals, or other booksor prints not necessary for the business of his office.

Approved, March 3, 1839.

Chap. LXXXffi.— An Act for the relief of the Brothertown Indians , in the Terri-tory of Wisconsin.

Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled , That the townshipof land containing twenty-three thousand and forty acres, lying on theeast side of Winnebago lake, in the Territory of Wisconsin, which, bythe proviso of a treaty made with the Menomonie Indians on the seven-teenth February, eighteen hundred and thirty-one, and ratified on theninth July 1832, was reserved for the use of the Brotherton or Brother-town Indians, and which by a subsequent treaty with the Menomonietribe, bearing date 27th October 1832, and ratified 13th March 1833,was further secured to the said Brothertown Indians, may be partitionedand divided among the different individuals composing said tribe ofBrothertown Indians, and may be held by them separately and severallyin fee simple, after such division shall have been made in the mannerhereafter mentioned.

(a) Since the passage of the act of Congress of March 3, 1839, chap. 82, sec. 2, which requires collec-tors of the customs to place to the credit of the Treasurer of the United States all moneys which theyreceive for unascertained duties, or lor duties paid under protest, an action of assumpsit for money hadand received will not lie against the collector for the return of such duties so received by him. Carey v.Curtis, 3 Howard, 236.

In what other modes the claimant can have access to the courts of justice this court is not called uponto decide in this case. Ibid.

[Congress -being in session when the decision of the court in the case of Carey v. Curtis, 3 Howard,236, was made, the following act was passed.]

Chap. XXII .—An Act explanatory of an act entitled “An act making appropriations for the civil anddiplomatic expenses of Government for the year one thousand eight hundred and thirty-nine

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That nothing contained in the second section of the act entitled “ An act making appropria-tions for the civil and diplomatic expenses of Government for the year one thousand eight hundred andthirty-nine,” approved on the third day of March, one thousand eight hundred and thirty-nine, shalltake away, or be construed to take away or impair, the right of any person or persons who have paid orshall hereafter pay money, as and for duties, under protest, to any collector of the customs, or othererson acting as such, in order to obtain goods, wares, or merchandise, imported by him or them, or onis or their account, which duties are not authorized or payable in part or in whole by law, to maintainany action at law against such collector, or other person acting as such, to ascertain and try the legalityand validity of suen demand and payment of duties, and to have a right to a trial by jury, touching thesame, according to the due course of law. Nor shall any thing contained in the second section of theact aforesaid be construed to authorize the Secretary of the Treasury to refund any duties paid underprotest; nor shall any action be maintained against any collector, to recover the amount of duties so paidunder protest, unless the said protest was made in writing, and signed by the claimant, at or before thepayment of said duties, setting forth distinctly and specifically the grounds of objection to the paymentthereof.

Approved, February 26, 1845,

2 E

No person,whose salary,&.c. shall re-ceive any extraallowance, un-less authorizedby law.

Statute III.March 3, 1839.

A township ofland, lying, &c.may be dividedamong, &.c.