Clerks in office Indian Affairs For compensation to a clerk in the office of Superintendent of Indian Affairs at St. Louis, authorized by a previous section of this act, twelve Superintendent hundred dollars: Provided, That any sum heretofore appropriated for two clerks, now dispensed with, be not used or applied. pay For compensation to two commissioners to examine claims under the treaty with the Cherokees of eighteen hundred and thirty-five, and of a secretary, and provisions for Indians during the session of the 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 Secretary of War in the office of the Commissioner of 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 General's office, five hundred dollars. at St. Louis. Commission to examine claims under Cherokee treaty. Clerks in office Commissioner Indian Affairs. Judiciary. Attorney General's office. Surplus for one object may be appropriated to ciency for ansupply a defiother, except newspapers and periodicals. Appropriations for Congress. SEC. 23. And be it further enacted, That in case the sum appropriated for any object shall be found more than sufficient to meet the expense thereby contemplated, the surplus may be applied, under the direction of the head of the proper department, to supply the deficiency of any other item in the same department or office: Provided, That the expenditure for newspapers and periodicals shall not exceed the amount specifically appropriated to that object by this act. SEC. 24. And be it further enacted, That the following sums be, and hereby are, appropriated for the objects hereinafter mentioned, viz. For pay and mileage of the members of Congress and delegates from the 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 expenses 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 expenses of the House of Representatives, in addition to the sum already 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 hereafter, be lawful for any accounting or disbursing officer of the Government to allow or pay any account or charge whatever, growing out of, or in any way connected with, any commission or inquiry, except courts martial or courts of inquiry in the military or naval service of the United States, until special appropriations shall have been made by law to pay such accounts and charges: Provided, That this shall not extend 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 appropriated from the patent fund, viz: A sum not exceeding three hundred dollars, for printing a digest of patents from January first, eighteen hundred and thirty-nine. For the purchase of such scientific books as are necessary for the use of the Patent Office, one thousand dollars. Pay and mile Expenses of Senate. Expenses of H. of Reps. Accounts of no commission cept courts martial, &c. to be paid without a special appropriation. Proviso. or inquiry, ex Appropriations from the patent fund. Digest of Pa tents. Scientific books. For the collection of agricultural statistics and for other agricultural Agricultural statistics. purposes, one thousand dollars. APPROVED, August 26, 1842. STATUTE II. Aug. 26, 1842. An annual term to be holden on 25th Aug. Vol. 3, 478. STATUTE II. 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 United States of America in Congress assembled, That one annual term of the district court of the United States, for the western district of Virginia, be holden in the city of Wheeling, on the twenty-fifth day of August. APPROVED, August 26, 1842. 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. Account to be published under the direction of the Joint Library committee. Proposals to be advertised for. Contract to be given to the lowest bidder, &c. Objects of natural history to be deposited in the Patent Of fice, &c. STATUTE II. Aug. 26, 1842. Patents to be issued for tracts entered under the pre-emption laws, but withheld on account of the quantity exceeding that specified in the law, &c. Proviso. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be published, under the supervision and direction of the Joint Committee on the Library," an account of the discoveries made by the Exploring 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 published by the Government of France. SEC. 2. And be it further enacted, That when such account shall have been written, and the illustrations for the same shall have been 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; and the contract shall be made with, and given to, the person offering and giving sufficient assurance to perform the work at the lowest price; and on such contract being made, the "account" shall be delivered to such contractor. SEC. 3. And be it further enacted, That until other provision be made by law for the safe-keeping and arrangement of such objects of natural history as may be in possession of the Government, the same 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 Committee on the Library. APPROVED, August 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 States of America in Congress assembled, That in all cases when any entry has been made, under the pre-emption laws, of land which was public land, subject to sale at the date of such entry, and when patents for the same have not been issued from the General Land Office, because of the original tract claimed, or the float arising therefrom, exceeding the quantity specified in the law, or when the adjudication has been made by the receiver and the clerk of the register, acting in the 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 substantially so, such entries and sales are hereby confirmed, and patents shall be issued thereon, as in other cases: Provided, That the Secretary 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. fourth September, eighteen hundred and forty-one, entitled "An act to appropriate the proceeds of the sales of public lands, and to grant preemption rights," shall be so construed as not to confer on any one a right of pre-emption by reason of a settlement made on a tract heretofore sold under a prior pre-emption law, or at private entry, when such prior pre-emption or entry has not been confirmed by the General Land 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. CHAP. CCVI.-An Act to regulate the pay of pursers and other officers of the 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 clothing, groceries, stores, and supplies of every description for the use of the navy, as well for vessels in commission as for yards and stations, shall be made with and out of the public moneys appropriated for the support of the navy, under such directions and regulations as may be made by the Executive for that purpose; and it shall not be lawful for pursers, or other officers or persons holding commission or employment 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 provide such rules and regulations for the purchase, preservation, and disposition, of all articles, stores, and supplies, for persons in the navy, as may be necessary for the safe and economical administration of that branch of the public service. Attached to vessels in commission. At navy yards. 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 ships of the line, three thousand five hundred dollars; for frigates or 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 Boston, 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 dollars; and in receiving-ships at Boston, New York, and Norfolk, two thousand five hundred dollars; and at other places, fifteen hundred dollars; on leave or waiting orders, the same pay as surgeons. And it is hereby expressly declared that the yearly pay provided in this act is all the pay, compensation, and allowance, that shall be received, under any circumstances, by pursers, except one ration each per day, when attached to vessels for sea service, and except, also, for travelling expenses, when under orders, for which ten cents per mile shall be allowed. At naval sta tions. In receiving be all their com 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. Rules, &c. to be laid before Congress. Advances or loans of money, &c. unlawful. Act to go into effect, when. Pursers at certain stations, &c. allowed a clerk or assistant. Clerk's compensation. His privileges, &c. Pursers' stores on board ships in commission to be taken by government. 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. SEC. 5. And be it further enacted, That the rules and regulations which shall be made in conformity with the provisions of this act shall be laid before Congress at their next session. SEC. 6. And be it further enacted, That it shall not be lawful for a purser in the navy to advance or loan any sum or sums of money, public or private, or any article or commodity whatever, or any credit, to any officer in the naval service, under any pretence whatever. SEC. 7. And be it further enacted, That the provisions of this act 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. SEC. 8. And be it further enacted, That pursers attached to, and doing duty in, navy yards, at Boston, New York, and Norfolk, and seagoing vessels of a larger class than sloops of war, shall be authorized to appoint a clerk or assistant, to be approved by the commanding officer of such yard or vessel; and the yearly compensation of said clerk shall be as follows, viz: in a frigate, or navy yard at Boston, New York, and Norfolk, five hundred dollars; in a ship of the line, seven hundred dollars. Said assistant or clerk shall have the privileges which are allowed to the clerk of the commanding officer; and each purser and clerk, while attached to vessels in commission, shall receive one ration per day. SEC. 9. And be it further enacted, That all stores of pursers on board ships in commission shall be taken by the Government at a fair valuation, under the direction of the Secretary of the Navy. 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 act, shall be, and are hereby, repealed. ent with this act, repealed. Pay of boatswains, gunners, &c. SEC. 11. And be it further enacted, That, from and after the passage of this act, the annual pay of the forward warrant officers of the navy 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. SEC. 12. And be it further enacted, That whenever an officer shall perform the duty of a higher grade, by order of the Secretary of the Navy, or the commander of a fleet or squadron, or ship acting singly on foreign service, such officer shall be entitled to receive the of such higher grade during the time he performs the duty in that grade and no longer, and no allowance shall be made for performing such service hereafter, unless so ordered. APPROVED, August 26, 1842. pay 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 United States of America in Congress assembled, That on and after the first day of July in the year of our Lord eighteen hundred and fortythree, the fiscal year of the Treasury of the United States, in all mat ters of accounts, receipts, expenditures, estimates, and appropriations, shall commence on the first day of July in each year; and the report and estimates required to be prepared and laid before Congress at the 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. At next ses sion, report and made to 30th June next, &c. estimates to be Title of appro 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 of the next session, his annual report upon the state of the finances and estimates of appropriations required for the support of the Government 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) for the year ending June thirtieth (here insert the calendar year.) SEC. 3. And be it further enacted, That the accounts of receipts and expenditures, required by law to be published annually, shall, on 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 Accounts to hundred and forty-three, shall be prepared and published as required by 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 the commerce and navigation of the United States, required by law to be submitted to Congress on the first Monday of December annually, shall be prepared and published for each fiscal year as hereby established; 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. priation acis. Publication of receipts and expenditures. 30th June, to be separate. Statements of commerce, &c. to be according to the new fiscal year. 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 fifteen thousand dollars, or so much thereof as may be necessary, be, 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. Appropriation for work done, &c. 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 Public Buildings be, and he is hereby, authorized and required, under the direction of the President of the United States, and upon a 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 The old jail to be fitted up for the insane, &c. |