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For compensation to a clerk in the office of Superintendent of Indian Clerks in office Affairs at St. Louis, authorized by a previous section of this act, twelve Superintendent hundred dollars : Provided, That any sum heretofore appropriated for

Indian Affairs

at St. Louis. two clerks, now dispensed with, be not used or applied.

For compensation to two commissioners to examine claims under the Commission to treaty with the Cherokees of eighteen hundred and thirty-five, and pay examine claims of a secretary, and provisions for Indians during the session of the under Cherokee

. board, and for contingent expenses, thirteen thousand five hundred dollars; and for arrearages of the late board of commissioners under same · treaty, one thousand five hundred and fifty-eight dollars.

For compensation to two clerks, authorized to be continued by the Clerks in office Secretary of War in the office of the Commissioner of Indian Affairs, Commissioner

Indian Affairs. by joint resolution, approved May twenty, eighteen hundred and fortytwo, in addition to former appropriations, fifteen hundred dollars.

Judiciary.-No. 37. For the contingent expenses of the Attorney Judiciary, General's office, five hundred dollars.

Attorney GenSec. 23. And be it further enacted, That in case the sum appro- Surplus for one

eral's office. priated for any object shall be found more than sufficient to meet the object may be expense thereby contemplated, the surplus may be applied, under the appropriated to direction of the head of the proper department, to supply the deficiency ciency for anof any other item in the same department or office: Provided, That other, except the expenditure for newspapers and periodicals shall not exceed the newspapers and amount specifically appropriated to that object by this act.

periodicals. Sec. 24. And be it further enacted, that the following sums be, and Appropriations hereby are, appropriated for the objects hereinafter mentioned, viz. for Congress.

For pay and mileage of the members of Congress and delegates from Pay and milethe Territories, in addition to the sum already appropriated to that ob- age. ject during the present session, one hundred and twenty-two thousand six hundred and thirty dollars. For stationery, printing, and all other incidental and contingent ex- Expenses of

Senate. penses of the Senate, in addition to the sum already appropriated to that object during the present session, seven thousand and fifty-eight dollars.

For stationery, printing, and all other incidental and contingent ex- Expenses of penses of the House of Representatives, in addition to the sum

already H. of Reps. appropriated to that object during the present session, twenty-five thousand dollars.

Sec. 25. And be it further enacted, That it shall not, at any time Accounts of no hereafter, be lawful for any accounting or disbursing officer of the Go- commission vernment to allow or pay any account or charge whatever, growing out cept courts marof, or in any way connected with, any commission or inquiry, except tial, &c. to be courts martial or courts of inquiry in the military or naval service of the paid without a United States, until special appropriations shall have been made by law priation. to pay such accounts and charges : Provided, That this shall not extend Proviso. to the contingent fund connected with the foreign intercourse of the Government placed at the disposal of the President of the United States.

Sec. 26. And be it further enacted, That the following sums be ap- Appropriations propriated from the patent fund, viz:

from the patent Á sum not exceeding three hundred dollars, for printing a digest of

fund.

Digest of Papatents from January first, eighteen hundred and thirty-nine.

For the purchase of such scientific books as are necessary for the use Scientific of the Patent Office, one thousand dollars.

books. For the collection of agricultural statistics and for other agricultural Agricultural purposes, one thousand dollars.

statistics. APPROVED, August 26, 1842.

tents.

STATUTE II.
Aug. 26, 1842. CHAP. CCIII. An Act to establish a district court of the United States in the city

of Wheeling, in the State of Virginia. Be it enacted by the Senate and House of Representatives of the An annual United States of America in Congress assembled, That one annual term to be hold. term of the district court of the United States, for the western district en on 25th Aug. of Virginia, be holden in the city of Wheeling, on the twenty-fifth day Vol. 3, 478. of August.

APPROVED, August 26, 1842. STATUTE II. Aug. 26, 1842. CHAP. CCIV.-An Act to provide for publishing an account of the discoveries

made by the Exploring Expedition, under the command of Lieutenant Wilkes, of the United States Navy.

Be it enacted by the Senate and House of Representatives of the Account to be United States of America in Congress assembled, That there shall be the direction of published, under the supervision and direction of the Joint Committee the Joint Libra- on the Library, “ an account of the discoveries made by the Exploring ry committee. Expedition, under the command of Lieutenant Wilkes of the United

States navy;" which account shall be prepared with illustrations and published in a form similar to the voyage of the Astrolabe, lately pub

lished by the Government of France. Proposals to Sec. 2. And be it further enacted, That when such account shall be advertised

have been written, and the illustrations for the same shall have been for.

prepared, an advertisement shall be inserted in the papers publishing the laws of the United States, inviting proposals for printing one hundred copies of the same for the United States, to be delivered to the

Librarian of Congress in a time, and at a price to be stipulated in such Contract to be contract; and the contract shall be made with, and given to, the person given to the

offering and giving sufficient assurance to perform the work at the lowlowest bidder,

est price; and on such contract being made, the “account” shall be

delivered to such contractor. Objects of na- Sec. 3. And be it further enacted, That until other provision be tural history to made by law for the safe-keeping and arrangement of such objects of be deposited in natural history as may be in possession of the Government, the same fice, &c.

shall be deposited and arranged in the upper room of the Patent Office,
under the care of such person as may be appointed by the Joint Com-
mittee on the Library.

APPROVED, August 26, 1842.
STATUTE II.
Aug. 26, 1842.

Chap. CCV.–An Act to confirm the sale of public lands in certain cases. (a)

Be it enacted by the Senate and House of Representatives of the United Patents to be

States of America in Congress assembled, That in all cases when any issued for tracts entry has been made, under the pre-emption laws, of land which was entered under public land, subject to sale at the date of such entry, and when patents the pre-emption for the same have not been issued from the General Land Office, belaws, but with held on account

cause of the original tract claimed, or the float arising therefrom, exof the quantity ceeding the quantity specified in the law, or when the adjudication has exceeding that specified in the

been made by the receiver and the clerk of the register, acting in the law, &c. stead of the register, or when the proof upon which the claim is founded

is not in the form, nor full, as to all the facts required by law, but sub

stantially so, such entries and sales are hereby confirmed, and patents Proviso. shall be issued thereon, as in other cases: Provided, That the Secre

tary of the Treasury shall be satisfied that such entries have been in other respects fair and regular, and that the evidence sustains the claim; that they are not contested by other persons claiming the same, and that

no fraud shall appear in them: And provided, also, That the act of (a) See notes of the acts relating to pre-emption rights, May 29, 1830, ch. 208.

&c.

fourth September, eighteen hundred and forty-one, entitled "An act to Proviso: act appropriate the proceeds of the sales of public lands, and to grant pre- ch. 16, not to

1841, emption rights,” shall be so construed as not to confer on any one a confer' a right of right of pre-emption by reason of a settlement made on a tract hereto- pre-emption by fore sold under a prior pre-emption law, or at private entry, when such

reason of settle

ment on a tract prior pre-emption or entry has not been confirmed by the General Land heretofore sold. Office, on account of any alleged defect therein, and when such tract has passed into the hands of an innocent and bona fide purchaser. APPROVED, August 26, 1842.

STATUTE II. CHAP. CCVI.-An Act to regulate the pay of pursers and other officers of the Aug. 26, 1842.

navy. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all purchases of cloth- All supplies for ing, groceries, stores, and supplies of every description for the use of the navy to be the navy, as well for vessels in commission as for yards and stations, made with the shall be made with and out of the public moneys appropriated for the under regulasupport of the navy, under such directions and regulations as may be tions prescribed made by the Executive for that purpose; and it shall not be lawful for by the Execupursers, or other officers or persons holding commission or employment Regulations. in the naval service, to procure stores or any other articles or supplies for, and dispose thereof to, the officers or to the crew, during the period of their enlistment, on or for their own account or benefit; nor shall any profit or per centage upon stores or supplies be charged to, or received from, persons in the naval service, other than those which are hereinafter prescribed.

Sec. 2. And be it further enacted, That it shall be the duty of the Executive to Executive to provide such rules and regulations for the purchase, pre- provide regulaservation, and disposition, of all articles, stores, and supplies, for perpurchase of sons in the navy, as may be necessary for the safe and economical stores, &c. administration of that branch of the public service.

Sec. 3. And be it further enacted, That, in lieu of the pay, rations, Pay of pursers. allowances, and other emoluments authorized by the existing laws and regulations, the annual pay of pursers shall be as follows, viz: when attached to vessels in commission for sea service, they shall receive, for Attached to ships of the line, three thousand five hundred dollars; for frigates or vessels in com

mission. razees, three thousand dollars; for sloops of war and steamers of first class, two thousand dollars; for brigs and schooners, and steamers, less than first class, fifteen hundred dollars; on duty at navy yards at Bos- At navy yards. ton, New York, Norfolk, and Pensacola, two thousand five hundred dollars; at Portsmouth, Philadelphia, and Washington, two thousand dollars; at naval stations within the United States, fifteen hundred dol At naval stalars; and in receiving-ships at Boston, New York, and Norfolk, two tions. thousand five hundred dollars; and at other places, fifteen hundred dol

In receiving

ships. lars; on leave or waiting orders, the same pay as surgeons. And it is Other places. hereby expressly declared that the yearly pay provided in this act is all On leave. the pay, compensation, and allowance, that shall be received, under any be all their com.

pay to circumstances, by pursers, except one ration each per day, when attached pensation, exto vessels for sea service, and except, also, for travelling expenses, when cept, &c. under orders, for which ten cents per mile shall be allowed.

Sec. 4. And be it further enacted, That nothing in this act con- Bonds. tained shall be construed to affect the bonds which have heretofore been given by pursers in the navy, but the same shall remain in full force and effect, as if this law had not been passed; and the Secretary of the Navy is hereby authorized and required to demand and receive from them, or any of them, new bonds, with sufficient sureties, in all cases in which he may consider the same necessary and expedient; and in

(a) Notes of the acts regulating the pay of pursers in the navy, vol. 3, 350.

case any purser shall neglect or refuse to give such new bond, it shall

be the duty of the Executive to dismiss him forthwith from the service. Rules, &c. to Sec. 5. And be it further enacted, That the rules and regulations be laid before which shall be made in conformity with the provisions of this act shall Congress.

be laid before Congress at their next session. Advances or

Sec. 6. And be it further enacted, That it shall not be lawful for a loans of money, purser in the navy to advance or loan any sum or sums of money, pub&c. unlawful. lic or private, or any article or commodity whatever, or any credit, to

any officer in the naval service, under any pretence whatever. Act to go into Sec. 7. And be it further enacted, That the provisions of this act effect, when. shall go into effect, within the United States, from the date of its pas

sage; and, in vessels abroad, at the beginning of the quarter after its

official receipt. Pursers at cer Sec. 8. And be it further enacted, That pursers attached to, and tain stations, doing duty in, navy yards, at Boston, New York, and Norfolk, and sea&c. allowed a clerk or assist

going vessels of a larger class than sloops of war, shall be authorized ant.

to appoint a clerk or assistant, to be approved by the commanding offi

cer of such yard or vessel ; and the yearly compensation of said clerk Clerk's com shall be as follows, viz: in a frigate, or navy yard at Boston, New York, pensation. and Norfolk, five hundred dollars; in a ship of the line, seven hundred His privileges, dollars. Said assistant or clerk shall have the privileges which are al&c.

lowed to the clerk of the commanding officer; and each purser and clerk, while attached to vessels in commission, shall receive one ration

per day Pursers' stores Sec. 9. And be it further enacted, That all stores of pursers on on board ships board ships in commission shall be taken by the Government at a fair in commission to be taken by

valuation, under the direction of the Secretary of the Navy. government. Sec. 10. And be it further enacted, That all acts or parts of acts Acts inconsist- which may be contrary to, or inconsistent with, the provisions of this ent with this act, repealed.

act, shall be, and are hereby, repealed. Pay of boat Sec. 11. And be it further enacted, That, from and after the passage swains, gun of this act, the annual pay of the forward warrant officers of the nary ners, &c.

of the United States shall be as follows: for boatswains, gunners, carpenters, and sailmakers, when on duty on board ships of the line, and in the three navy yards at Boston, New York, and Norfolk, eight hundred dollars; on other duty, seven hundred dollars; when on leave of absence or awaiting orders, the said officers shall receive five hundred

dollars for the first ten years, and after, six hundred dollars. Officers per Sec. 12. And be it further enacted, That whenever an officer shall forming the du- perform the duty of a higher grade, by order of the Secretary of the grade by order, Navy, or the commander of a fleet or squadron, or ship acting singly to receive the on foreign service, such officer shall be entitled to receive the pay of pay, and not

such higher grade during the time he performs the duty in that grade otherwise.

and no longer, and no allowance shall be made for performing such service hereafter, unless so ordered.

APPROVED, August 26, 1842. STATUTE II. Aug. 26, 1842. Chap. CCVII.-An Act to define and establish the fiscal year of the Treasury of

the United States. Be it enacted by the Senate and House of Representatives of the On and after 1st July 1843,

United States of America in Congress assembled, That on and after fiscal year to

the first day of July in the year of our Lord eighteen hundred and fortycommence on three, the fiscal year of the Treasury of the United States, in all mat1st July.

ters of accounts, receipts, expenditures, estimates, and appropriations, Report and shall commence on the first day of July in each year, and the report estimates to be

and estimates required to be prepared and laid before Congress at the made accordingly.

commencement of each session by the Secretary of the Treasury in obedience to the acts of Congress of the second of September, seven

teen hundred and eighty-nine, and of May tenth, eighteen hundred, shall be a report and estimates for each fiscal year commencing as aforesaid and terminating on the thirtieth day of June in the succeeding calendar year.

Sec. 2. And be it further enacted, That it shall be the duty of the Secretary of the Treasury, to submit to Congress at the commencement sion, report and of the next session, his annual report upon the state of the finances and made to 30th estimates of appropriations required for the support of the Government June next, &c. for the half calendar year ending on the thirtieth day of June then next; and separate and distinct estimates for the fiscal year ending on the thirtieth day of June, eighteen hundred and forty-four; and estimates of receipts for said periods respectively; and the style and title of all acts making appropriations for the support of Government, shall be as follows, to wit: “ An act making appropriations (here insert the object) Title of appro

priation acts. for the year ending June thirtieth (here insert the calendar year.)

Sec. 3. And be it further enacted, That the accounts of receipts Publication of and expenditures, required by law to be published annually, shall, on receipts and ex. and after the first day of July, eighteen hundred and forty-three, be prepared and published for the fiscal year as hereby established; and the said accounts for the half calendar year ending June thirtieth, eighteen hundred and forty-three, shall be prepared and published as required by 30th June, to

be separate. law, separate and distinct; and all laws and parts of laws inconsistent with the provisions of this act are hereby repealed.

Sec. 4. And be it further enacted, That the annual statements of Statements of the commerce and navigation of the United States, required by law to commerce, &c. be submitted to Congress on the first Monday of December annually, to the new fiscal shall be prepared and published for each fiscal year as hereby established; year. and the said statements for the last quarter of the present calendar year, and the two first quarters of the year eighteen hundred and forty-three, ending on the thirtieth of June, eighteen hundred and forty-three, shall be prepared and published, agreeably to the provisions of law, separate and distinct. APPROVED, August 26, 1842.

STATUTE II. CHAP. CCXXVII. - An Act to make an appropriation for certain expenses in the Aug. 29, 1842.

erection of a penitentiary in the Territory of Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of Appropriation fifteen thousand dollars, or so much thereof as may be necessary, be,

for work done,

&c. and the same is hereby, granted and appropriated, out of any unappropriated money in the Treasury, to pay for work heretofore actually done and materials furnished in the construction of a penitentiary in the Territory of Iowa; but no further work or materials are hereby authorized to be done or furnished for the completion of said penitentiary, on the faith of future appropriations by Congress, but the same are expressly prohibited. APPROVED, August 29, 1842.

STATUTE II. CHAP. CCXXVIII.-An Act to provide an insane hospital for the District of Co- Aug. 29, 1842.

lumbia, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of The old jail to the Public Buildings be, and he is hereby, authorized and required, be fitted up for under the direction of the President of the United States, and upon a

the insane, &c. plan to be by him approved, to cause such alterations to be made in the old jail as will adapt it for the reception and accommodation of the insane of the District of Columbia, and of such sick, disabled, and infirm

Vol. V.-68

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