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advocates, members, and witnesses; extra pay to soldiers, under an act of Congress of the second of March, eighteen hundred and nineteen ; expenses of expresses from the frontier posts; of the necessary articles for the interment of non-commissioned officers and soldiers; hire of labourers; compensation to clerks in the offices of quartermasters and assistant quartermasters at posts where their duties cannot be performed without such aid, and to temporary agents in charge of dismantled works, and in the performance of other duties; expenditures necessary to keep the two regiments of dragoons complete, including the purchase of horses to supply the place of those which may be lost and become unfit for service, and the erection of additional stables, ninety-two thousand dollars.

For two months' extra pay to re-enlisted soldiers, and for the contingent expenses of the recruiting service, twenty-four thousand two hundred and sixty-four dollars.

For the national armories, three hundred and sixty thousand dollars.
For the armament of the fortifications, one hundred thousand dollars.
For the current expenses of the ordnance service, ninety-eight thou-

sand dollars.

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Arsenals

For arsenals, one hundred and fifty thousand dollars, or so much vice. thereof as may suffice to complete the arsenals already commenced, and those on the western frontier.

For the manufacture of elevating machines for barbette and casemate carriages, five thousand dollars.

For the purchase and manufacture of light field artillery, thirty-nine thousand nine hundred and fifty-three dollars. For the purchase of gunpowder and grape shot, thirty-seven thousand

five hundred dollars.

For arrearages payable through the office of the Second Auditor, twelve hundred dollars.

For arrearages payable through the office of the Third Auditor, three thousand dollars.

For taxes on the Passyunk arsenal, near Philadelphia, for the years eighteen hundred and thirty-seven and eighteen hundred and thirtyeight, fourteen hundred and fifty dollars.

For contingencies of the army, five thousand dollars.

For paying the balance due the heirs of William Meldrum, one of the commissioners for surveying and marking the road from La Plaisance Bay to Chicago, two hundred and sixty-eight dollars and fifty-five

cents.

For paying Adam Eckfeldt, for fine gold and other expenses incurred by him in preparing nine medals ordered by Congress for various distinguished officers, one thousand and eight dollars and eighty-six cents. APPROVED, April 6, 1838.

Elevating machines, &c.

Light field ar

tillery.

Gunpowder

and shot.

Arrearages payable by Second Auditor. Arrearages payable by Third Auditor. Taxes on the

Passyunk arse

nal.

Contingencies of the army. Balance due

the heirs of drum.

William Mel

Adam Eck

feldt, for expenses incurred in preparing medals.

STATUTE II.

CHAP. LVI.—An Act directing the transfer of money remaining unclaimed by April 6, 1838. certain pensioners, and authorizing the payment of the same at the Treasury of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all money which has been, or may hereafter be, transmitted to the agents for paying pensions, which may have remained, or may hereafter remain, in the hands of said agents unclaimed by any pensioner or pensioners for the term of eight months after the same may have or may become due and payable, shall be transferred to the Treasury of the United States; and that all pensions unclaimed as aforesaid, shall be thereafter payable only at the Treasury of the United States, and out of any money not otherwise appropriated. VOL. V.-29

All money after having rehands of an

mained in the

agent unclaim

ed,eight months after having be come due, shall

be transferred to the Treas., and all pensions

unclaimed, &c,

The transfer to

be made by the Commiss'er of Pensions, &c.

draft of the

STATUTE II.

April 20, 1838. Act of May 31, 1832, ch. 112.

Clerks of circuit court D. C. required to admit to record

any conveyance &c. upon certificate of two justices of peace in following form.

Form of certi

ficate.

Proviso.

All conveyances, &c. (except,) delivered

to be recorded within six months, shall take effect from the time of ac

&c.

SEC. 2. And be it further enacted, That the transfer directed by the first section of this act shall be made by the draft of the Commissioner of Pensions upon the agents for paying pensions, and in favour of the Treasurer of the United States; and that the form of said draft shall be prescribed by the Secretary of War.

APPROVED, April 6, 1838.

CHAP. LVII.-An Act to amend the act for quieting possessions, enrolling conveyances, and securing the estates of purchasers, within the District of Columbia, passed the thirty-first day of May, eighteen hundred and thirty-two.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the clerks of the circuit court of the District of Columbia, and their deputies, in their respective counties, shall be, and are hereby, authorized and required to admit to record any conveyance whereby a right, title, or interest, in real estate is conveyed, or purports to be, lying within the limits of their respective counties, upon the certificate under seal of any two justices of the peace of any State or Territory of the United States, or of the District of Columbia, annexed to such deed, and to the following effect, to wit:

-County [or Corporation, &c.] to wit:

day

We, A B and C D, justices of the peace in and for the county [or corporation, or parish, or district,] aforesaid, in the State [or Territory, or district,] of- do hereby certify that E F, a party [or E F and G H, &c. parties,] to a certain deed, bearing date on the of and hereto annexed, personally appeared before us in our county [or corporation, &c.] aforesaid, the said E F [or E F and G H, &c.] being personally well known to us, as [or proved by the oaths of credible witnesses before us to be] the person [or persons] who executed the said deed, and acknowledged the same to be his, [her, or their] act and deed. Given under our hands and seals, this of

day

A. B. [SEAL.]
C. D. [SEAL.]

Provided, That, when such acknowledgment shall be taken before any justices of the peace beyond the limits of the District of Columbia, there shall accompany such certificate of acknowledgment a certificate of the clerk or other public officer having official cognizance of the fact, under his official seal, that such persons were, at the date of their said certificate, in fact, justices as they purport to be.

SEC. 2. And be it further enacted, That every conveyance, covenant, agreement and other deed, (except deeds of trust and mortgages,) which shall be acknowledged or proved, and certified, according to law, and delivered to the clerk of the proper court, to be recorded within six months after the sealing and delivery thereof, shall take effect and be valid as to all persons from the time of such acknowledgment or proof; knowledgment, but all deeds of trust and mortgages, whensoever they shall be delivered to the clerk of the proper court to be recorded, and all other conveyances, covenants, agreements, and deeds, which shall not be acknowledged, proved, or certified, and delivered to the clerk of the proper court to be recorded within six months after the sealing and delivering thereof, shall take effect and be valid, as to all subsequent purchasers for valuable consideration, without notice, and as to all creditors, from the time when such deed of trust or mortgage, or such other conveyance, covenant, agreement, or deed, shall have been so acknowledged, proved, or certified, and delivered to the clerk of the proper court to be recorded, and from that time only: Provided, however, That if two or more deeds containing the same property, after having been so acknow

Proviso.

ledged, or proved and certified, be delivered to the clerk to be recorded on the same day, that which shall have been first sealed and delivered shall have preference in law.

SEC. 3. And be it further enacted, That every title-bond, or other written contract in relation to land, may be proved, acknowledged, certified, and recorded, in the same manner as deeds for the conveyance of land; and such proof or acknowledgment, and certificate, and the delivery of such bond or contract to the clerk of the proper court, to be recorded, shall be taken and held to be notice to all subsequent purchasers of the existence of such bond or contract.

SEC. 4. And be it further enacted, That if any feme covert shall be a party executing such deed and shall only be relinquishing her right of dower in such estate or interest, or when a husband and his wife shall have sealed and delivered a writing purporting to be a conveyance of any estate or interest, and such feme covert shall appear before any two justices of the peace of any State or Territory of the United States, or of the District of Columbia, and, being by them examined privily and apart from her husband, and having the deed fully explained to her, shall acknowledge the same to be her act and deed, and shall declare that she had willingly signed, sealed, and delivered the same, and that she wished not to retract it; and such privy examination, acknowledgment, and declaration, shall be certified by such justices under their hands and seals, by a certificate annexed to such writing, and to the following effect; that is to say:

county [or corporation, &c.] to wit:

do

We, A B and C D, justices of the peace in the county [or corporation, &c.] aforesaid, in the State [or Territory, &c.] of hereby certify that E F the wife of G H, party to a certain deed bearing date on the day of and hereunto annexed, personally appeared before us in our county [or corporation, &c.] aforesaid, the said E F, being well known to us as [or proved by the oaths of credible witnesses before us to be] the person who executed the said deed, and being by us examined, privily and apart from her husband, and having the deed aforesaid fully explained to her, she, the said E F, acknowledged the same to be her act and deed, and declared that she had willingly signed, sealed, and delivered the same, and that she wished not to retract it. Given under our hands and seals this

day of

A. B. [SEAL.]
C. D. SEAL.1

And such certificate shall be offered for record to the clerk of the circuit court of the District of Columbia, in that county in which such deed ought to be recorded. It shall be the duty of such clerk to record the same accordingly; and when the privy examination, acknowledgment, and declaration of a married woman, shall have been so taken and certified, and delivered to the clerk to be recorded pursuant to the directions of this act, such deed shall be as effectual in law to pass her right, title, and interest, as if she had been an unmarried woman: Provided, however, That no covenant or warranty contained in such deed hereafter executed shall in any manner operate upon any feme covert, or her heirs, further than to convey effectually from such feme covert and her heirs her right of dower or other interest in real estate which she may have at the date of such deed.

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All deeds heretofore recorded, &c. to

be good, &c.

SEC. 5. And be it further enacted, That all deeds heretofore recorded within the District of Columbia, and in the county wherein any lands, tenements and hereditaments are situated, which are conveyed in or by said deeds, on an acknowledgment before any two justices of the peace for said District, shall be good and effectual for the purpose or purposes therein mentioned, and valid as to all subsequent purchasers, and all creditors, from the passage of this act, Provided, said deeds Proviso.

STATUTE II.

were made in good faith, and without an interest to commit a fraud upon creditors or bona fide subsequent purchasers.

APPROVED, April 20, 1838.

April 20, 1838. CHAP. LIX.-An Act making an appropriation for the removal of the great raft of Red River.

[Obsolete.] Appropriation for the removal

of the Red river raft.

STATUTE II.

May 21, 1838. Act of Oct. 12, 1837, ch. 2. Treasury notes to be issued according to the provisions of act of 12th Oct.

1837, ch. 2, in place of, &c.

STATUTE II.

May 25, 1838. Act of March 3, 1837, ch. 46.

In Ohio.

In Indiana.

In Illinois.

Bridge over Dunlap's creek. Terms of the appropriation.

1837, ch. 46.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of seventy thousand dollars be appropriated, out of any money in the Treasury not otherwise appropriated, for the complete removal of the great raft in Red River, in the States of Louisiana and Arkansas. APPROVED, April 20, 1838.

CHAP. LXXXII.—An Act to authorize the issuing of Treasury notes to meet the current expenses of the Government. (a)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury, with the approbation of the President of the United States, is hereby authorized to cause Treasury notes to be issued, according to the provisions of, and subject to, all the conditions, limitations and restrictions contained in an act entitled "An act to authorize the issuing of Treasury notes," approved the Twelfth day of October last, in place of such notes as have been, or may be, issued under the authority of the act aforesaid, and which have been, or may hereafter be, paid into the Treasury and cancelled.

APPROVED, May 21, 1838.

CHAP. LXXXIV.-An Act making appropriations for the continuation of the
Cumberland road in Ohio, Indiana, and Illinois, and for other purposes.

Be it enacted by the Senate and House of Representative of the United States of America in Congress assembled, That the following sums of money be, and the same are hereby, appropriated, to be paid out of any moneys in the Treasury unappropriated, to wit:

For the continuation of the Cumberland road in the State of Ohio, the sum of one hundred and fifty thousand dollars.

For the continuation of the Cumberland road in the State of Indiana, the sum of one hundred and fifty thousand dollars, including bridges.

For the continuation of the Cumberland road in the State of Illinois, the sum of one hundred and fifty thousand dollars.

For the completion of the bridge over Dunlap's creek, on the Cumberland road, in the State of Pennsylvania, the sum of nine thousand dollars; which said appropriations are made upon the same terms, and shall be subject to all the provisions, conditions, restrictions, and limitations, touching appropriations for the Cumberland road, contained in the act entitled "An act to provide for continuing the construction, and for the repair of certain roads, and for other purposes, during the year eighteen hundred and thirty-seven," approved on the third day of March, one thousand eight hundred and thirty-seven.

APPROVED, May 25, 1838.

(a) Notes of the acts which have been passed relative to the issuing of Treasury notes, vol. 2, 766.

CHAP. LXXXV.-An Act supplementary to the act entitled "An act concerning the District of Columbia."

Whereas the present Judge of the Orphan's Court, in and for the county of Washington, in the District of Columbia, is, by reason of age and infirmity, disqualified for the due and proper discharge of the duties of his office:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, there shall be appointed in and for the county of Washington, an additional Judge of the Orphan's Court, who shall take an oath for the faithful and impartial discharge of the duties of his office; and who shall have the same powers, perform the same duties and receive the same salary, as are exercised, performed and received by the present Judge of the said Orphan's Court.

SEC. 2. And be it further enacted, That during the life or continuance in office of the present Judge of the said Orphan's Court, the powers of the said Orphan's Court shall be vested in the said two Judges jointly, or may be exercised by the said additional Judge separately, as provided in the foregoing section; and that after the death or resignation of the present Judge, the said Orphan's Court shall consist of a single Judge as heretofore.

APPROVED, May 25, 1838.

STATUTE II.

May 25, 1838.

Preamble.

An additional pointed for the judge to be apOrphans' Court of Washington; his powers.

The powers of

the Orphans'
vested. After
Court, how
the death, &c.
of the present
judge, the court
to consist of one
judge.

STATUTE II.

CHAP. LXXXVIII.-An Act to extend the charter of the Union Bank of George- May 25, 1838. town, in the District of Columbia. (a)

Whereas, it appears that an extension of the charter of the Union Bank of Georgetown beyond the first day of July, eighteen hundred and thirty-eight, together with some amendment thereof, is necessary to enable the said corporation the better to close its concerns, redeem its obligations, and collect its debts; and the extension and amendment as aforesaid have been asked by the said corporation for the purposes above specified and for none other: Now therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the charter of the said corporation be extended until the first of July, eighteen hundred and forty-two, so as further to grant, continue, and reassure to said corporation the rights and privileges thereof, upon the conditions and with the limitations in said charter specified, and with certain exceptions and other conditions and limitations hereinafter to be named, until the day and year last mentioned.

Preamble.

Charter of the

Union Bank of Georgetown extended to the 1st July 1842.

Number of di

SEC. 2. And be it further enacted, That on the first Monday in April next, and thereafter, the number of directors of the Union Bank shall rectors reduced. be reduced to four, together with a president, to be elected as now provided by the charter of said bank, any one of which directors, together with the president, shall constitute a board to do the business of the bank.

SEC. 3. And be it further enacted, That the president and directors of said bank may call a meeting of the stockholders of said bank, in such manner as shall be prescribed by the laws and ordinances of said corporation, and at such time as they may select, for the purpose of electing a trustee or trustees, (not exceeding three,) to whom shall be granted, until the first of July, eighteen hundred and forty-two, (should a majority of the votes present so decide,) the management of the concerns of said bank, together with the powers relating thereto, as fully and with the same limitations, together with others hereinafter to be (a) See notes to the act of May 31, 1838, chap. 91.

U

The president and directors may call a meeting of the the election of a trustee or trustees, &c.

stockholders for

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