And the president shall select a commissioner to convey to the

trustee or trus

tees all the property, &c.

named, as they are now given to the president and directors of the said corporation. And should it be the pleasure of the said stockholders, signified as aforesaid, to make the said change in the direction and management of the said bank, the trustee or trustees shall be elected in the same manner as is prescribed by the charter of said corporation for the election of directors. In such case as made and provided, the president and directors then being shall select a commissioner to convey to such trustee or trustees all the property, real and personal, of said corporation, and all its choses in action, its rights and interests of every description, whether in litigation or not, upon the condition, first, of discharging all the debts due from said corporation; and, after the satisfaction of this trust, upon such other trusts, conditions and limitations, not inconsistent with the general laws for the government of the District of Columbia, or with their said charter, as herein amended, as they may see fit to prescribe in the conveyance by which they appoint the said trustee or trustees: Provided, however, That the charter of the said corporation, as now amended, shall be voidable, upon any act of the said trustee or trustees, for which it might be avoided if it had been committed by the president and directors of said corporation: And Further provi- provided also, That nothing herein contained shall be so construed as to incapacitate the president and directors of said bank in being at the time of said election, from receiving at that election the appointment of trustee or trustees, and taking to him or them the deed of trust aforesaid, which may provide, if three trustees be selected, that any one or two may act in the case of the death or removal from the trust of the others.

Proviso.

After 1st July 1838, no bills, &c. payable to bearer, shall be

issued; no deposites, exccpt from a stockholder, received; and no obligations entered into, except,

&c.

Proviso.

Nothing herein contained

shall be so con

strued as to im

SEC. 4. And be it further enacted, That the said corporation shall not, after the first day of July, eighteen hundred and thirty-eight, issue or reissue any bills, notes, or checks, payable to bearer; nor shall they issue certificates of deposite, payable to bearer; nor shall it receive any money or other property from any other corporation or from any person other than one of its stockholders, on deposite, and under an obligation to return it; nor shall the said corporation at any time after the first of July, eighteen hundred and thirty-eight, receive or enter into any new obligations or liabilities other than such deeds or assignments as may be necessary to convey away absolutely the property, real or personal, of the said bank, or other than the renewal from time to time of existing debts due said corporation on the receipt of partial payments, and the taking of such obligations, additional assurances, new liens, or new sureties, as may be necessary and proper for securing the collection of debts due to the said bank on the first of July, eighteen hundred and thirty-eight, and for enforcing the performance of obligations created on or before the day and year last aforesaid: Provided, however, That nothing herein contained shall prevent the said corporation from employing such officers and agents as may be necessary for transacting its affairs.

SEC. 5. And be it further enacted, That nothing herein contained shall be so construed as to destroy or in any manner impair the force of the obligations, rights, and liabilities, to or from the said corporation; pair the obliga- but, on the contrary, all suits, bills, plaints, informations, actions, whether tions, &c. of the legal or equitable, judgments, decrees, and executions, by or against corporation; but said corporation, shall proceed without abatement, discontinuance, or necessity for revivor, in due course of law, as if no change had been hereby made in the affairs of said corporation, and as if the charter by original creation had extended to the first of July, eighteen hundred and forty-two; and in all actions, legal or equitable, and in all process by or against said corporation, the name and style thereof shall remain the same: Provided, however, That, if a trustee or trustees should be elected, all summons, notices, and other process, legal or equitable,

all suits, &c. shall proceed without abatement, &c.

Proviso.

shall afterwards be served upon him or them in the same manner as before they were served upon the president and other officers of said bank; but all acquittances for debts due to the said corporation, in any manner whatsoever, must be given by the said trustee or trustees after their appointment by deed as aforesaid; and in that case, and after that event, no payment, except to him or them, or to his or their authorized agents, shall operate as a discharge of the obligation or debt due to said corporation. Any creditor of said corporation who shall obtain executions or attachments upon any decree or judgment, may levy the same upon any property, real or personal, subject in its nature to such execution or attachment, and conveyed by the said corporation, as hereinafter mentioned, to such trustee or trustees; and if not enough of such property be found to satisfy the debt, then the said trustee or trustees shall be personally liable for the same, to the extent to which he or they may have received property, real, personal, or mixed, from said corporation, (estimated at the time of conveyance without interest,) and may not have applied the same to the payment of debts due from said corporation.

SEC. 6. And be it further enacted, That the said trustee or trustees, should they be appointed, may prosecute, after the first day of July, eighteen hundred and forty-two, any action, legal or equitable, or judgment, decree, attachment, and execution, then in existence, or then pending in any court having competent jurisdiction of the subject, without abatement, discontinuance, or necessity for revivor, in the same manner as if such corporation were still in existence for the uses and trusts of the deed hereinbefore mentioned, and under which they derive this authority. Any person purchasing from the trustees their rights and interests in said actions, legal or equitable, judgments, decrees, or executions, shall be substituted in the said privilege of prosecuting their claims in manner aforesaid, in the name of the said corporation, and for his own benefit. And all actions, legal or equitable, judgments, decrees, attachments, and executions, against said corporation, which may be pending in any court having competent jurisdiction of the subject, on the first of July, eighteen hundred and forty-two, may proceed according to the forms of law, without abatement, discontinuance, or necessity for revivor, in the same manner as if said corporation were still in existence: Provided, however, That the said trustee or trustees, after the first of July, eighteen hundred and forty-five, shall not be liable for any debt due from the said corporation to others than stockholders, except in those cases in which judgments, decrees, attachments, or executions are obtained upon them in actions, whether legal or equitable, which were instituted before the day and year last mentioned.

SEC. 7. And be it further enacted, That in the event of a selection of a trustee or trustees as aforesaid, it shall be their duty to advertise the fact for eight weeks successively in two of the newspapers published in the District, one of which shall be selected in Washington, and the other in Alexandria. And it shall also be the duty of the said trustee or trustees to cause a copy of the deed conveying to them in trust as aforesaid to be recorded in the clerk's office of the court for the county of Washington, District of Columbia, and also to forward a copy of the same to the Secretary of State for the United States.

SEC. 8. And be it further enacted, That unless the president and directors for the time being of the said corporation shall, on behalf of the stockholders, and in virtue of an authority from them, or from a majority in interest and number of them, file their declaration, in writing, in the office of the Secretary of the Treasury, within six months from the passage of this act, assenting to and accepting the extension of the charter hereby granted, under the terms, conditions, and limita

forfeit all right tions contained in this act, then [the] said corporation shall forfeit all right to an extension of charter.

to the exten

sion.

STATUTE II.

May 31, 1838. [Obsolete.]

Pay of officers and seamen.

Pay of superintendents, &c. at yards.

Provisions.
Repairs, &c.

Medicines, &c.

Portsmouth navy yard. Charlestown navy yard. Brooklyn

navy yard.

SEC. 9. And be it further enacted, That this act shall be considered a public act; and so much and such parts of any act or acts heretofore passed in relation to said corporation as may be repugnant to this act, be, and the same are hereby, repealed and annulled.

APPROVED, May 25, 1838.

CHAP. XCI.-An Act to continue the corporate existence of the Banks in the District of Columbia. (a)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the charters of the Farmers' and Mechanics' Bank of Georgetown, the Bank of the Metropolis, Patriotic Bank of Washington, and Bank of Washington, in the city of Washington, and the Farmers' Bank of Alexandria, and Bank of Potomac, in the town of Alexandria, be, and the same are hereby, extended to the fourth day of July, in the year eighteen hundred and forty Provided, The said banks, each for itself, shall conform to the following conditions:

First. To cease receiving or paying out all paper currency of less denomination than five dollars, on or before the day of the promulgation of this act.

Second. To redeem all their notes of the denomination of five dollars in gold or silver, from and after the first day of August, in the present year.

Third. To resume specie payments in full, on or before the first day of January, in the year one thousand eight hundred and thirty-nine, or sooner, if the principal banks of Baltimore and Richmond should sooner resume specie payments in full.

APPROVED, May 31, 1838.

CHAP. XCII.-An Act making appropriations for the naval service for the year one thousand eight hundred and thirty-eight.

Be it enacted by the Senatv and House of Representatives of the United States of America in Congress assembled, That the following sums be appropriated, in addition to the unexpended balances of former appropriations, out of any unappropriated money in the Treasury, for the naval service, for the year eighteen hundred and thirty-eight, viz: For the pay of commissioned, warrant, and petty officers, and of seamen, one million three hundred and twelve thousand dollars;

For pay of superintendents, naval constructors, and all the civil establishments at the several yards, sixty-nine thousand seven hundred and seventy dollars;

For provisions, six hundred thousand dollars;

For repairs of vessels in ordinary, and the repairs and wear and tear of vessels in commission, one million two hundred thousand dollars; For medicines and surgical instruments, hospital stores, and other expenses on account of the sick, seventy-five thousand dollars;

For improvement and necessary repairs of the navy yard at Portsmouth, New Hampshire, twenty thousand dollars;

For improvement and necessary repairs of the navy yard at Charlestown, Massachusetts, seventy-four thousand dollars;

For improvement and necessary repairs of the navy yard at Brooklyn, New York, sixty-one thousand dollars;

(a) An act to revive and extend the charters of certain banks in the District of Columbia, August 25, 1841, chap. 12.

An act to extend the charters of the District banks, June 17, 1844, chap. 98.

For improvement and necessary repairs of the navy yard at Philadelphia, Pennsylvania, twenty-one thousand five hundred dollars; For improvement and necessary repairs of the navy yard at Washington, thirty thousand dollars;

For improvement and necessary repairs of the navy yard at Gosport, Virginia, seventy-seven thousand five hundred dollars;

For improvement and necessary repairs of the navy yard near Pensacola, seventy-six thousand five hundred dollars;

For ordnance and ordnance stores, sixty-five thousand dollars; For defraying the expenses that may accrue for the following purposes, viz; for the freight and transportation of materials and stores of every description; for wharfage and dockage; storage and rent; travelling expenses of officers and transportation of seamen; house rent for pursers when attached to yards and stations where no house is provided; for funeral expenses; for commissions, clerk hire, office rent, stationery, and fuel to navy agents; for premiums and incidental expenses of recruiting; for apprehending deserters; for compensation to judge advocates; for per diem allowance to persons attending courts martial and courts of inquiry; for printing and stationery of every description, and for working the lithographic press; for books, maps, charts, mathematical and nautical instruments, chronometers, models, and drawings; for the purchase and repair of fire engines and machinery, and for the repair of steam engines; for the purchase and maintenance of oxen and horses, and for carts, timber wheels, and workmen's tools of every description; for postage of letters on public service; for pilotage and towing ships of war; for cabin furniture of vessels in commission; taxes and assessments on public property; for assistance rendered to vessels in distress; for incidental labour at navy yards, not applicable to any other appropriation; for coal and other fuel, and for candles and oil; for repairs of magazines or powder-houses; for preparing moulds for ships to be built, and for no other purpose whatever, four hundred and fifty thousand dollars;

For contingent expenses for objects not hereinbefore enumerated, three thousand dollars;

For pay of the officers, non-commissioned officers, musicians, and privates, and subsistence of the officers of the marine corps, one hundred and sixty-two thousand and nineteen dollars;

For provisions for the non-commissioned officers, musicians, and privates serving on shore, servants and washerwomen, forty-nine thousand eight hundred and forty dollars;

For clothing, forty-three thousand six hundred and ninety-five dollars; For fuel, fifteen thousand eight hundred and four dollars; For keeping the present barracks in repair until new ones can be erected, and for the rent of temporary barracks at New York, ten thousand dollars;

For transportation of officers, non-commissioned officers, musicians, and privates, and expenses of recruiting, six thousand dollars; For medicines, hospital stores, surgical instruments, and pay of matron, four thousand one hundred and thirty-nine dollars;

For contingent expenses of said corps, freight, ferriage, toll, wharfage, and cartage, per diem allowance for attending courts of inquiry, compensation to judge advocates, house rent where there are no public quarters assigned, incidental labour in the quartermaster's department, expenses of burying deceased persons belonging to the marine corps, printing, stationery, forage, postage on public letters, expenses in pursuing deserters, candles and oil for the different stations, straw for the men, barrack furniture, bed sacks, spades, axes, shovels, picks, and carpenters' tools, seventeen thousand nine hundred and seventy-seven dollars and ninety-three cents;

VOL. V.-30

U 2

Philadelphia

navy yard. Washington navy yard. Gosport navy yard. Pensacola navy yard. Ordnance, &c. Miscellaneous

expenses.

Contingent

expenses.

Pay, &c. of the marine

corps.
Provisions for
non-commis-
sioned officers,
&c. serving on
shore.
Clothing.
Fuel.
Repair of bar-
racks, &c.

Transporta

tion.

Medicines, &c.

Contingent expenses.

Military stores, &c.

Hospital near Pensacola.

Hospital near Norfolk.

Naval asylum near Philada.

Hospital near Brooklyn.

Hospital near Boston.

Magazine upon Ellis's Isl'd.

Magazine, &c. at Norfolk. Magazine at Pensacola. Naval asylum at Philada.

Appropriations for the navy. Act of March 2, 1833, ch. 67.

STATUTE II. May 31, 1838.

the 10th and

For military stores, pay of armorers, keeping arms in repair, drums, fifes, flags, accoutrements, and ordnance stores, two thousand dollars;

For erecting and furnishing a new hospital building, and for a dwelling for an assistant surgeon; for the repairs of the present building, and for all expenses upon their dependencies near Pensacola, thirty-one thousand five hundred dollars;

For erecting a sea-wall to protect the shore, for enclosing the hospital grounds, for completing the basement of south wing, and for all other expenses upon the dependencies of the hospital near Norfolk, nine thousand dollars;

For graduating and enclosing the grounds about the naval asylum near Philadelphia, and for all other expenses upon the building and its dependencies, two thousand six hundred dollars;

For extending the hospital building near Brooklyn, New York, for enclosing the grounds, and for all other expenses upon its dependencies, sixty thousand dollars;

For completing the present hospital building near Boston, and for all expenses upon its dependencies, three thousand five hundred dollars; For repairing the enclosure, and for the sea-wall of the magazine upon Ellis's island, in the harbor of New York, three thousand eight hundred dollars;

For repairing the magazine, filling house, wharf, and railway, at Norfolk, Virginia, seven hundred and fifty dollars;

For building a wall round the magazine at Pensacola, three thousand dollars;

For fixtures, furniture, and other incidental expenses at the naval asylum, at Philadelphia, being a balance carried to the surplus fund on the thirty-first December last, twelve hundred and forty-one dollars and thirty-seven cents;

SEC. 2. And be it further enacted, That of the amount heretofore appropriated, under the act of the second of March, eighteen hundred and thirty-three, entitled "An act in addition to the act for the gradual improvement of the navy of the United States," and remaining unexpended, the sum of one million five hundred thousand dollars be carried to the surplus fund; and that the sum of one million five hundred thousand dollars is hereby appropriated, out of any unappropriated money in the Treasury, to be paid one half in the year eighteen hundred and thirty-nine, and the other half in the year eighteen hundred and forty, for the purpose of completing contracts now existing, or which may be hereafter made, according to the provisions of the said act of the second of March, eighteen hundred and thirty-three.

APPROVED, May 31, 1838.

CHAP. XCIII.—An Act to repeal certain provisos of "An act to alter and amend the several acts imposing duties on imports," approved the fourteenth day of July, eighteen hundred and thirty-two.

Be it enacted by the Senate and House of Representatives of the The proviso of United States of America in Congress assembled, That the provisos of the tenth and twelfth clauses of the second section of the act to alter and amend the several acts imposing duties on imports, passed July the fourteenth, eighteen hundred and thirty-two, be, and the same are hereby, repealed.

12th clauses of the 2d section of the act of July 14, 1832, ch. 227, re

pealed."

APPROVED, May 31, 1838.