STATUTE II. July 27, 1842. Appropriation. STATUTE II. July 27, 1842. Clergymen authorized to marry, &c. STATUTE II. July 30, 1842. Additional clerks authorized in P. O. Department. Arrears due said clerks to be paid. CHAP. XCVI.-An Act to provide for erecting and lighting lamps on Pennsyl vania Avenue. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of two thousand five hundred dollars be, and the same is hereby, appropriated, out of any unappropriated money in the Treasury, to be expended, under the direction of the Commissioner of Public Buildings, in erecting and lighting lamps on Pennsylvania avenue, between the Capitol and the President's square. APPROVED, July 27, 1842. CHAP. CVI.-An Act in relation to marriages within the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the ministers of the gospel, or clergy, who at any time may be legally authorized to unite persons in the bands of wedlock, or to join them together as man and wife, either in the county of Washington or the county of Alexandria, shall be, and are hereby, authorized to do so in any place within the District of Columbia. APPROVED, July 27, 1842. CHAP. CVII.—An Act to provide for the permanent employment in the Post Office Department of certain clerks heretofore for several years temporarily employed in that Department. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Postmaster General be, and he is hereby, authorized to employ in the Post Office Department, a topographer, at a salary of sixteen hundred dollars; and eight additional clerks, whose annual compensation shall be as follows: three clerks at fourteen hundred dollars each, four clerks at one thousand two hundred dollars each, and one clerk at one thousand dollars. SEC. 2. And be it further enacted, That the arrears of pay due to said clerks from the first day of January last, at the rates aforesaid, and their regular salaries for the residue of the current year, be regularly paid to them by the proper officer of the Department, and for this purpose the sum of eleven thousand six hundred dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated. Certain tempo. SEC. 3. And be it further enacted, That eleven additional clerks hererary clerks in P. tofore temporarily employed in the office of the Auditor for the Post 0. Department Office Department under the provisions of the acts of Congress of the third of March, eighteen hundred and thirty-seven, and the seventh of July, eighteen hundred and thirty-eight, shall be permanently added to the force in that office, at the rates of compensation heretofore allowed for their services respectively, and the sum of thirteen thousand two hundred dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the payment of their salaries for the year eighteen hundred and forty-two. made perma nent. Act of March 3, 1837, ch. 33. Act of July 7, 1838, ch. 169. STATUTE II. Aug. 1, 1842. APPROVED, July 30, 1842. CHAP. CVIII.—An Act to regulate arrests on mesne process in the District of Be it enacted by the Senate and House of Representatives of the United (a) See act supplementary to an act entitled "An act to regulate arrests on mesne process in the Dis. trict of Columbia," approved August 1, 1842; June 17, 1814, chap. 100. shall be held to bail in any civil suit in the District of Columbia, unless on affidavit, filed by the plaintiff or his agent, stating in cases of debt or contract the amount which he verily believes to be due, and that the same has been contracted by fraud or false pretences, or through a breach of trust, or that the defendant is concealing or has concealed his property in the District or elsewhere, or is about to remove the same from this District or the place of his residence, in order to evade the payment of the debt, or that, being a resident of the District and domiciled therein, is about to abscond without paying the debt, and with a view to avoid the payment of the same, setting forth all the facts on which said allegations of fraud or breach of trust are founded, and in all cases setting forth the grounds, nature, and particulars of the claim. The sufficiency of the affidavit to hold to bail, and the amount of bail to be given, shall, upon application of the defendant, be decided by the court in term time, and by any single judge in vacation. In all cases in which the affidavit required by this act is not filed previously to issuing the writ, the defendant, upon its service, shall not be required to give bail, but merely to sign an order to the clerk of the court to enter his appearance in the cause, which, if he refuses to do, he may then be held to bail as in other cases. SEC. 2. And be it further enacted, That any person now held to bail in a civil suit in the said District may apply to the Circuit Court of the said District in term time, or to any judge thereof in vacation, for a rule to show cause why he shall not be discharged on filing a common appearance, and shall be so discharged unless the plaintiff or his agent shall file a sufficient affidavit, in conformity with the provisions of the preceding section, within a reasonable period of time, to be assigned by the court or the judge to whom the application is made. APPROVED, August 1, 1842. CHAP. CIX. An Act to extend the provisions of an act entitled "An act to regulate processes in the courts of the United States," passed the nineteenth May, one thousand eight hundred and twenty-eight. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of an act entitled, "An act to regulate processes in the courts of the United States," passed the nineteenth day of May, one thousand eight hundred and twenty-eight, shall be, and they are hereby, made applicable to such States as have been admitted into the Union since the date of said act. APPROVED, August 1, 1842. CHAP. CXX.. ·An Act to constitute the ports of Stonington, Mystic river, and Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the town of Stonington, in the county of New London, State of Connecticut, shall be a collection district, from and after the thirtieth day of June next; and that the port of Stonington, aforesaid, shall be, and hereby is, made a port of entry. SEC. 2. And be it further enacted, That the district of Stonington shall comprehend all the waters, shores, bays, and harbors, from the west line of Mystic river, including the villages of Portersville and Noank, in the town of Groton, State of Connecticut, to the east line of Pawcatuck river, including the town of Westerly, State of Rhode Island, any thing in any former law to the contrary notwithstanding. Persons not to in civil suits except on affidavit, in certain cases. be held to bail Sufficiency of affidavit, &c. termined. how to be de Relative to the discharge of persons now held to bail in civil suits. STATUTE II. Aug. 1, 1842. Act 19th May 1828, ch. 68, made applicable to States since admitted into the Union. STATUTE II. Aug. 3, 1842. Stonington a collection dis trict and port of entry. 1842, ch. 177. District of Stonington desig. nated. (a) See notes of the decisions of the courts of the United States on the subject of process, vol. 1, 93, and notes to the act of May 19, 1828, chap. 68, vol. 4, 278. Office of surveyor abolished. A collector to be appointed his salary and duties. STATUTE II. Aug. 4, 1842. [Obsolete.] Appropriations. Pay of officers and seamen. Proviso. Pay of superintendents, &c. at yards. Provisions. Medicines, &c. Repairs, &c. Ordnance, &c. on the lakes. Navy yards at Portsmouth. Charlestown. Brooklyn. Provisoes relative to the construction of a dry dock. SEC. 3. And be it further enacted, That, from and after the thirtieth day of July present, the office of surveyor of the port of Stonington, aforesaid, be, and the same is hereby, abolished; and a collector for the aforesaid district shall be appointed, to reside at the port of Stonington, who, in addition to his other emoluments, shall be entitled to receive the salary now allowed by law to the surveyor, aforesaid, and no more; and said collector shall also perform the duties heretofore enjoined on the surveyor. APPROVED, August 3, 1842. CHAP. CXXI. —An Act making appropriations for the naval service for the year one thousand eight hundred and forty-two. Be it enacted by the Senate 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 one thousand eight hundred and forty-two, viz : No. 1. For pay of commission, warrant and petty officers and seamen, two million three hundred and thirty-five thousand dollars: Provided, That till otherwise ordered by Congress, the officers of the navy shall not be increased beyond the number in the respective grades that were in the service on the first day of January, eighteen hundred and forty-two, nor shall there be any further appointment of midshipmen until the number in the service be reduced to the number that were in service on the first day of January, eighteen hundred and forty-one, beyond which they shall not be increased until the further order of Congress. No. 2. For pay of superintendents, naval constructors, and all the civil establishments at the several yards, seventy-eight thousand four hundred and twenty dollars. No. 3. For provisions, seven hundred and twenty thousand dollars. No. 4. For medicines and surgical instruments, hospital stores and other expenses on account of the sick, thirty thousand dollars. No. 5. For increase, repair, armament, and equipment of the navy, and wear and tear of vessels in commission, two million dollars. No. 6. For ordnance and ordnance stores on the Northern lakes, fifty-nine thousand and ninety-seven dollars. No. 7. For improvement and necessary repairs of the navy yard at Portsmouth, New Hampshire, forty-seven thousand four hundred and twenty-five dollars. No. 8. For improvement and necessary repairs of the navy yard at Charlestown, Massachusetts, twenty-nine thousand dollars. No. 9. For improvement and necessary repairs of the navy yard at Brooklyn, New York, one hundred and twenty-nine thousand one hundred dollars: Provided, That no part of this or any former appropriation to that object shall be applied to the construction of a dry dock at Brooklyn, except in payment for materials previously contracted for and yet to be delivered, until a suitable place shall be selected in the harbor of New York, and the title to land obtained, and a plan and estimate of the cost made, under the direction of the Secretary of the Navy, and approved by him and the President: And provided, also, That the Secretary of the Navy may, in his discretion, apply the sum of one hundred thousand dollars of the amount hereby appropriated, and any balance of former appropriations for the construction of a dry dock at Brooklyn, New York, to the construction of a floating dock at the same place; and if any part of this appropriation shall be expended upon the construction of a floating dock, as hereby authorized, the construction of the dry dock shall be suspended until the further order of Congress. No. 10. For improvement and necessary repairs of the navy yard at Philadelphia. Philadelphia, Pennsylvania, one thousand six hundred dollars. No. 11. For improvement and necessary repairs of the navy yard at Washington, District of Columbia, fifteen thousand three hundred dollars. No. 12. For improvement and necessary repairs of the navy yard at Gosport, Virginia, fifty-six thousand eight hundred dollars. No. 13. For improvement and necessary repairs of the navy yard near Pensacola, Florida, and for a naval constructor at said place, thirty-five thousand three hundred dollars. No. 14. For necessary repairs of the hospital building and its dependencies at Charlestown, Massachusetts, three thousand nine hundred and sixty dollars. No. 15. For finishing coppering the roof of the hospital building at Brooklyn, New York, fifteen hundred dollars. No. 16. For necessary repairs of the hospital building and its dependencies at Norfolk, Virginia, thirteen thousand seven hundred and fifty dollars. No. 17. For building an ice-house and privies at the hospital at Pensacola, Florida, two thousand dollars. No. 18. For necessary repairs of the Philadelphia naval Asylum, one thousand three hundred dollars. No. 19. For defraying the expenses that may accrue for the following purposes, viz: For 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 to pursers, when duly authorized; 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, or other services authorized by law; 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; for the repair of steam engines in navy yards; 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 taxes and assessments on public property; for assistance rendered to vessels in distress; for incidental labor at navy yards, not applicable to any other appropriation; for coal and other fuel, and for candles and oil for the use of navy yards and shore stations, and for no other object or purpose whatever, four hundred and fifty thousand dollars. No. 20. For contingent expenses for objects not hereinbefore enumerated, three thousand dollars. Washington. Gosport. Pensacola. Hospitals at New York. Norfolk. Pensacola. Philadelphia. Miscellaneous expenses. Contingent expenses. Steamers Clarion. No. 21. For the charter of steamers Splendid and Clarion, in September and October, eighteen hundred and forty-one, for the survey of Splendid and Nantucket Shoal, four thousand three hundred and forty-five dollars and thirty-nine cents. Suppression of No. 22. For carrying into effect the acts for the suppression of the slave trade, including the support of recaptured Africans, and their re- the slave trade. moval to Africa, under authority of said acts, including an unexpended balance of former appropriations carried to the surplus fund, ten thousand five hundred and forty-three dollars and forty-two cents. No. 23. For the transportation, arrangement, and preservation, of articles brought and to be brought by the exploring expedition, twenty thousand dollars, if so much be necessary. Marine Corps.-No. 24. For pay of officers, non-commissioned offi Collections of exploring expe dition. Marine corps. Pay and subsistence. Provisions. Clothing. Fuel. Barracks. Transporta tion. Medicines, &c. Military stores, &c. Contingent expenses. STATUTE II. Aug. 4, 1842. rida entitled to a quarter sec cers, musicians, privates and servants, serving on shore, and subsistence of officers of the marine corps, one hundred eighty-three thousand three hundred and eighty-one dollars. No. 25. For provisions for the non-commissioned officers, musicians, privates and servants and washerwomen, serving on shore, forty-five thousand fifty-four dollars and ninety-nine cents. No. 26. For clothing, forty-three thousand six hundred sixty-two dollars and fifty cents. No. 27. For fuel, sixteen thousand two hundred seventy-four dollars and twelve cents. No. 28. For keeping barracks in repair, and for rent of temporary barracks at New York, six thousand dollars. No. 29. For transportation of officers, non-commissioned officers, musicians and privates, and expenses of recruiting, eight thousand dollars. No. 30. For medicines, hospital supplies, surgical instruments, pay of matron, and hospital stewards, four thousand one hundred and forty dollars. No. 31. For military stores, pay of armorers, keeping arms in repair, accoutrements, ordnance stores, flags, drums, fifes and other instruments, two thousand eight hundred dollars. No. 32. For contingent expenses of said corps, viz.: For freight, ferriage, toll, wharfage, and cartage; for per diem allowance for attending courts martial and courts of inquiry; compensation to judge advocates; house rent where there are no public quarters assigned; per diem allowance to enlisted men on constant labor; expenses of burying deceased marines; printing, stationery, forage, postage on public letters, expenses in pursuit of deserters, candles, and oil, straw, barrack furniture, bed sacks, spades, axes, shovels, picks, carpenters' tools, and for keeping a horse for the messenger, seventeen thousand nine hundred and eighty dollars. APPROVED, August 4, 1842. CHAP. CXXII-An Act to provide for the armed occupation and settlement of the unsettled part of the peninsula of East Florida. (a) Be it enacted by the Senate and House of Representatives of the United Certain persons States of America in Congress assembled, That any person, being the settling in Flo-head of a family, or single man over eighteen years of age, able to bear arms, who has made, or shall, within one year from and after the passage of this act, make an actual settlement within that part of Florida situate and being south of the line dividing townships numbers nine and ten south, and east of the base line, shall be entitled to one quarter section of said land, on the following conditions and stipulations: tion of land, on the following conditions. To obtain a permit describing the land. Proviso. Five years' residence. Erection of a house, &c. First. That said settler shall obtain from the register of the land office, in the district in which he proposes to settle, a permit describing as particularly as may be practicable, the place where his or her settlement is intended to be made: Provided, That no person who shall be a resident of Florida at the time of the passage of this act, who shall be the owner of one hundred and sixty acres of land, at the time he proposes to settle, shall be entitled to a permit from the register. Second. That said settler shall reside in the Territory of Florida, south of said township line, for five consecutive years, and to take his grant on any public land south of that township. Third. That said settler shall erect thereon a house fit for the habitation of man, and shall clear, enclose, and cultivate at least five acres of said land, and reside thereon for the space of four years next follow (a) An act to amend an act entitled "An act to provide for the armed occupation and settlement of the unsettled part of the peninsula of East Florida," June 15, 1844, chap. 71. |