STATUTE I.

CHAP. XXXIV.-An Act to carry into effect a convention between the United States June 12, 1840. and the Mexican Republic.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States, by and with the advice and consent of the Senate, shall appoint two commissioners, who, together with two commissioners to be appointed by the President of the Mexican Republic, shall form a board, whose duty it shall be to receive and examine all claims, which are provided for by the convention between the United States and the Mexican Republic, concluded at Washington on the eleventh day of April, one thousand eight hundred and thirty-nine, and which may be presented to said commissioners under the same, and to decide thereon according to the provisions of said convention, and the principles of justice, equity, and the law of nations.

SEC. 2. And be it further enacted, That the President of the United States, by and with the advice and consent of the Senate, shall appoint a Secretary to said commissioners, in behalf of the United States, versed in the English and Spanish languages.

SEC. 3. And be it further enacted, That said commissioners on the part of the United States, in conjunction with the commissioners on the part of the Mexican Republic, shall be, and they are hereby, authorized to make all needful rules and regulations for conducting the business of their said commission, such rules and regulations not contravening the Constitution of the United States, the provisions of this act, or the provisions of said convention.

[Obsolete.]

Board of Com

missioners to

decide in claims under Conven

tion with Mex

ico.

Secretary to be appointed.

Commission

ers authorized

to make rules.

Contingent ex

SEC. 4. And be it further enacted, That the compensation of the Compensation. respective officers, for whose appointment provision is made by this act, shall not exceed the following sums, namely: To said commissioners, at the rate of three thousand dollars per annum for each; to the Secretary, at the rate of two thousand dollars per annum. And the President of the United States shall be, and he is hereby, authorized to make penses. such provision for the contingent expenses of the said commission on the part of the United States, as shall to him appear to be reasonable and proper; and the said salaries and expenses, and likewise all that part of the salary and expenses of the arbiter under said convention which is required thereby to be defrayed by the United States, shall be paid out of any money in the Treasury not otherwise appropriated.

SEC. 5. And be it further enacted, That all communications to and from the Secretary of said commissioners appointed under this act, on the business of the commission, shall pass by mail free of postage. SEC. 6. And be it further enacted, That so soon as said commission shall be executed and completed according to the provisions of said convention, the commissioners aforesaid shall report to the Secretary of State a list of all the several awards made by them; and the records, documents, and all other papers, in the possession of the commission or its officers, or certified copies or duplicates thereof, shall be deposited in the office of the Secretary of State.

SEC. 7. And be it further enacted, That the Secretary of State shall transmit to the Secretary of the Treasury a certified copy of the report of said commissioners, or of the award of the arbiter or umpire, as provided by said convention to be made in case of the disagreement of said commissioners; and the Secretary of the Treasury shall cause certificates to be issued, in such form as he may prescribe, showing the amount or proportion of compensation to which each person, in whose favor award shall have been made by said commissioners or umpire, may be entitled as against the Mexican Government on account of the claims provided for by said convention.

SEC. 8. And be it further enacted, That it shall be lawful for the

Salary and expenses of the

arbiter.

Communica

tions to and from Secretary to be free of postage. The awards of

Commissioners to be reported to

Sec. of State.

Sec. of State

Sec. of Treas. a certified copy of report of com

to transmit to

missioners.

Mexico.

Remittance of Secretary of the Treasury, and he is hereby authorized and required, the money from to cause any moneys which may be paid by the Mexican Government in satisfaction of said awards, to be remitted on the most advantageous terms to the United States, and all moneys received under said convention, or by virtue of this act, shall be deposited in the Treasury of the United States, and the same are hereby appropriated to be distributed and paid to those entitled thereto according to the provisions of this act; The appropri and the Secretary of the Treasury shall distribute the same, in ratable proportions, among the persons aforesaid, according to the proportions which their respective awards shall bear to the whole amount received, and at such time or times as the same shall be received into the Treasury.

ation thereof.

If Mexico, instead of paying the amount of

the awards, issue Treasury notes therefor,

Sec of Treas. shall receive said notes.

Sec. of Treas., in the payment,

to retain any money due to the U. S.

STATUTE I.

SEC. 9. And be it further enacted, That if the Mexican Governin place of at once paying the amount of said awards, shall see ment, fit to issue Treasury notes therefor as provided by said convention, then it shall be lawful for the Secretary of the Treasury, and he is hereby authorized and required, to receive the said Treasury notes, and to deliver the same to the persons who shall be respectively entitled thereto, in virtue of the awards made under said convention, and of the certifcates issued as hereinbefore provided.

SEC. 10. And be it further enacted, That in the payment of money or the issue of certificates in virtue of this act, the Secretary of the Treasury shall first deduct and retain, or make reservation of, such sums of money, if any, as may be due the United States from persons in whose favor awards shall have been made under said convention.

APPROVED, June 12, 1840.

June 12, 1840. CHAP. XXXV.-An Act to authorize registers and receivers to administer oaths required to be taken by purchasers of public land.

Duty of regis.

ters and receiv

ers to adminis

ter oaths.

Perjury.

No compensa tion, directly or indirectly, to be charged.

STATUTE I.

June 12, 1840.

to take mea

sures for the

completion of certain surveys.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the register, or receiver, of any of the land offices of the United States shall be authorized, and it shall be the duty of said officers, to administer any oath or oaths, which now are or hereafter may be required by law, in connexion with the entry or purchase of any tract of land; and, if any person shall, knowingly and wilfully, swear falsely to any fact contained in any oath or affidavit so taken or made, he or she shall be deemed and held guilty of perjury, and shall, on conviction, suffer all the pains, penalties, and disabilities, which attach to said crime in other cases of perjury under the laws of the United States: Provided, That such land officers shall not, directly or indirectly, charge or receive any compensation for administering such oaths. APPROVED, June 12, 1840.

CHAP. XXXVI-An Act for the discontinuance of the office of Surveyor General in the several districts, so soon as the surveys therein can be completed, for abolishing land offices under certain circumstances and for other purposes.

Be it enacted by the Senate and House of Representatives of the Sec. of Treas. United States of America in Congress assembled, That it shall be the duty of the Secretary of the Treasury to take all the necessary measures for the completion of the surveys, in the several districts for which surveyors general have been, or may be, appointed, at the earliest periods compatible with the purposes contemplated by law; and whenever the surveys and records of any such district or State shall be completed, the surveyor general thereof shall be required to deliver over to the Secretary of State of the respective States, including such surveys, or such other officer as may be authorized to receive them, all the field notes, maps, records, and other papers, appertaining to land titles, with

in the same; and the office of surveyor general, in every such district, shall thereafter cease and be discontinued.

Certain land

continued.

SEC. 2. And be it further enacted, That whenever the quantity of public land remaining unsold in any land district shall be reduced to a offices to be disnumber of acres less than one hundred thousand, it shall be the duty of the Secretary of the Treasury to discontinue the land office of such district; and if any land, in any such district, shall remain unsold at the time of the discontinuance of a land office, the same shall be subject to sale at some one of the existing land oflices most convenient to the district in which the land office shall have been discontinued, of which the Secretary of the Treasury shall give notice. APPROVED, June 12, 1840.

STATUTE I.

June 12, 1840.

CHAP. XXXVII.-An Act concerning prisoners of the United States committed to the gaol in the County of Providence and State of Rhode Island. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all prisoners committed to the present gaol in the County of Providence and State of Rhode Island under the authority of the United States, shall be kept until discharged by due course of the laws thereof under the like restrictions as those of tions and penalties as in the case of prisoners committed to said gaol under the authority of said State of Rhode Island.

APPROVED, June 12, 1840.

The prisoners of the U. S. to be kept under

the like restric

Rhode Island.

STATUTE I.

CHAP. XXXIX. - An Act making provision for the payment of pensions to the June 19, 1840. executors or administrators of deceased pensioners in certain cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children, to be by him distributed among them in equal shares, and the same shall not be considered as a part of the assets of said estate, nor liable to be applied to the payment of the debts of said estate in any case whatever.

SEC. 2. And be it further enacted, That in case any pensioner who is a widow shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section. SEC. 3. And be it further enacted, That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, with

out the intervention of an administrator. APPROVED, June 19, 1840.

CHAP. XLI.-An Act to provide for the collection, safe keeping, transfer, and dis

bursement of the public revenue. (a)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be prepared and provided, within the new Treasury building now erecting at the seat of Government, suitable and convenient rooms for the use of the Treasurer of the United States, his assistants and clerks: and sufficient and secure fire-proof vaults and safes for the keeping of the public moneys in the possession and under the immediate control of the said Treasurer; which said rooms, vaults, and safes, are hereby constituted (a) Repealed by act of August 13, 1841, chap. 7.

VOL. V.--49

2 H

In case of a

pensioner leav but no widow. ing children,

In case of a pensioner who is a widow leaving children.

In case of any pensioner leaving children.

STATUTE 1. July 4, 1840.

Rooms to be provided for the Treasurer, and vaults and safes for the public moneys.

U.S.Mint, and the branch mint at N. Orleans, to be places of deposite.

Rooms to be

custom-houses at N. York and Boston, for the

ral.

and declared to be, the Treasury of the United States. And the said Treasurer of the United States shall keep all the public moneys which shall come to his hands in the Treasury of the United States, as hereby constituted, until the same are drawn therefrom according to law.

SEC. 2. And be it further enacted, That the Mint of the United States, in the city of Philadelphia, in the State of Pennsylvania, and the Branch Mint, in the city of New Orleans, in the State of Louisiana, and the vaults and safes thereof, respectively, shall be places of deposite and safe keeping of the public moneys at those points respectively; and the Treasurer of the said Mint and Branch Mint respectively, for the time being, shall have the custody and care of all public moneys deposited within the same, and shall perform all the duties required to be performed by them, in reference to the receipt, safekeeping, transfer and disbursements of all such moneys, according to the provisions hereinafter contained.

SEC. 3. And be it further enacted, That there shall be prepared and provided in the provided, within the custom-houses now erecting in the city of New York, in the State of New York, and in the city of Boston, in the State of Massachusetts, suitable and convenient rooms for the use of receivers-gene the receivers-general of public moneys, hereinafter directed to be appointed, at those places, respectively; and sufficient and secure fireproof vaults and safes for the keeping of the public moneys collected and deposited with them, respectively; and the receivers-general of public money, from time to time, appointed at those points, shall have the custody and care of the said rooms, vaults, and safes, respectively, and of all the public moneys deposited within the same; and shall perform all the duties required to be performed by them, in reference to the receipt, safekeeping, transfer, and disbursement of all such moneys, according to the provisions of this act.

The receivers general to have custody of said

rooms, vaults and safes.

Rooms to be

provided for the receivers-gene ral at Charleston and St. Louis.

Four receiversgeneral to be appointed.

One at N. York, one at Boston, one at Charles

ton, and one at St. Louis,

All required to give bonds. Officers charg

ed with the cus

tody of the pub

lic moneys their duties.

SEC. 4. And be it further enacted, That there shall be erected, prepared, and provided, at the expense of the United States, at the city of Charleston, in the State of South Carolina, and at the city of St. Louis, in the State of Missouri, offices, with suitable and convenient rooms for the use of the receivers-general of public money hereinafter directed to be appointed at the places above named; and sufficient and secure fireproof vaults and safes for the keeping of the public money collected and deposited at those points respectively; and the said receivers-general, from time to time appointed at those places, shall have the custody and care of the said offices, vaults, and safes, so to be erected, prepared, and provided, and of all the public moneys deposited within the same; and shall perform all the duties required to be performed by them, in reference to the receipt, safekeeping, transfer, and disbursement of all such moneys, according to the provisions hereinafter contained.

SEC. 5. And be it further enacted, That the President shall nominate, and by and with the advice and consent of the Senate, appoint four officers, to be denominated " receivers-general of public money," which said officers shall hold their respective offices for the term of four years, unless sooner removed therefrom; one of which shall be located at the city of New York, in the State of New York; one other of which shall be located at the city of Boston, in the State of Massachusetts; one other of which shall be located at the city of Charleston, in the State of South Carolina; and the remaining one of which shall be located at the city of St. Louis, in the State of Missouri; and all of which said officers shall give bonds to the United States, with sureties according to the provisions hereinafter contained, for the faithful discharge of the duties of their respective offices.

SEC. 6. And be it further enacted, That the Treasurer of the United States, the treasurer of the Mint of the United States, the treasurers, and those acting as such, of the various Branch Mints, all collectors of the

customs, all surveyors of the customs acting also as collectors, all receivers-general of public moneys, all receivers of public moneys at the several land offices, and all post-masters, except as is hereinafter particularly provided, be, and they are hereby, required to keep safely, without loaning or using, all the public money collected by them, or otherwise at any time placed in their possession and custody, till the same is ordered by the proper department or officer of the Government to be transferred or paid out; and when such orders for transfer or payment are received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the Government, which may be imposed by this or any other acts of Congress, or by any regulation of the Treasury Department, made in conformity to law; and also to do and perform all acts and duties required by law, or by direction of any of the Executive Departments of the Government, as agents for paying pensions, or for making any other disbursements which either of the heads of those departments may be required by law to make, and which are of a character to be made by the depositaries hereby constituted, consistently with the other official duties imposed upon them.

SEC. 7. And be it further enacted, That the Treasurer of the United States, the Treasurer of the Mint of the United States, the Treasurer of the Branch Mint at New Orleans, and the receivers-general of public money herein before directed to be appointed, shall, respectively, give bonds to the United States, in such form, and for such amounts, as shall be directed by the Secretary of the Treasury, by and with the advice and consent of the President, with sureties to the satisfaction of the Solicitor of the Treasury; and shall, from time to time, renew, strengthen, and increase their official bonds, as the Secretary of the Treasury, with the consent of the President, may direct; any law in reference to any of the official bonds of any of the said officers to the contrary notwithstanding. SEC. 8. And be it further enacted, That it shall be the duty of the Secretary of the Treasury, at as early a day as possible after the passage of this act, to require from the several depositaries hereby constituted, and whose official bonds are not hereinbefore provided for, to execute bonds new and suitable in their terms to meet the new and increased duties imposed upon them respectively by this act, and with sureties, and in sums such as shall seem reasonable and safe to the Solicitor of the Treasury, and from time to time to require such bonds to be renewed and increased in amount and strengthened by new sureties, to meet any increasing responsibility which may grow out of accumulations of money in the hands of the depositary, or out of any other duty or responsibility arising under this or any other law of Congress.

SEC. 9. And be it further enacted, That all collectors and receivers of public money, of every character and description, within the District of Columbia, shall, as frequently as they may be directed by the Secretary of the Treasury, or the Postmaster General, so to do, pay over to the Treasurer of the United States at the Treasury thereof, all public moneys collected by them, or in their hands; that all such collectors and receivers of public moneys within the cities of Philadelphia and New Orleans, shall, upon the same direction, pay over to the Treasurers of the Mints in their respective cities, at the said mints, all public moneys collected by them, or in their hands; and that all such collectors and receivers of public moneys within the cities of New York, Boston, Charleston, and St. Louis, shall, upon the same direction, pay over to the receivers-general of public money in their respective cities, at their offices respectively, all the public moneys collected by them, or in their hands, to be safely kept by the said respective depositaries, until otherwise disposed of according to law; and it shall be the duty of the said Secretary and Postmaster General to direct such payments, by the said collectors and receivers, at all the said places, at least as often as once

Bonds to be

given by the receivers-general, &c.

Treasurers and

Bonds to be

given by the other depositaries constituted by this act.

Bonds may be renewed, &c.

Collectors and

receivers of public money in the following places to pay over, when and to whom.

District of Columbia. Philadelphia and N. Orleans.