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Kennebec ar- stores; and for the purchase of twenty acres of land adjoining the Kensenal, &c.

nebec arsenal, Maine; and the purchase of land and enclosing the rear of the public ground with a brick wall and coping at the Frankford arsenal, Pennsylvania ; and constructing a forging shop, one story high, seventy-five by forty feet, of brick, at the arsenal, Watertown, Massachusetts; and in the purchase of a steam-engine of eight horse power ; and for the quarters of officers at Fort Monroe arsenal, four hundred

thousand dollars. Fort, &c. For Fort McHenry, Redoubt Wood, and Covington Battery, near near Baltimore. Baltimore, fifty thousand dollars.

Fort Monroe. For Fort Monroe, one hundred and fifty thousand dollars.

Fort Marion, For the repairs of Fort Marion, and the sea-wall at St. Augustine, &c.

Florida, fifty thousand dollars. Knapsacks, For knapsacks and camp equipage, authorized by the act approved &c. Act of 1836,

nineteenth of March, one thousand eight hundred and thirty-six, for ch. 44.

volunteers or militia, fifty-two thousand seven hundred and five dollars. Accoutre- For accoutrements for the army, one hundred and two thousand three ments, &c. hundred and five dollars.

Purchase of For the purchase of sites, and the construction of arsenals, for the sites, &c. in

deposite of arms in Arkansas, Missouri, and at Memphis, in Tennessee, Arkansas, &c. Proviso.

forty-two thousand two hundred and fifty-six dollars. Provided, That

the cost of such arsenal shall not exceed fourteen thousand dollars each. Fire engines. For the purchase of twenty-eight fire engines, and the necessary appa

ratus, twenty-two thousand four hundred dollars. Storehouses, For storehouses at Newport, Kentucky, one thousand five hundred Newport, Ken. dollars. Purchase of

For purchasing seven acres of land, including the site of the powder land at St. magazine attached to the arsenal at Saint Louis, Missouri, Provided the Louis, Missouri. Proviso.

same shall be ascertained not to be on land of the United States, two

thousand one hundred dollars. Piazza, Au- For erecting a piazza in front of the building occupied as barracks gusta, Ga.

by the troops at Augusta arsenal, Georgia, four hundred and fifty dollars. Fort Jesup. For barracks, quarters, storehouses, hospital, stables, and materials

for the same, at Fort Jesup, Louisiana, twenty-five thousand dollars. Wharf at Fort For rebuilding the wharf, and materials for the same, at Fort WolWolcott. cott, Newport, Rhode Island, five hundred dollars. Fort Monroe. For constructing a wood-yard, and a wood-yard wharf, and for mate

rials for the same, at Fort Monroe, Virginia, one thousand dollars. Fort Severn. For constructing a wharf, and for materials for the same, at Fort

Severn, Maryland, one thousand dollars. Fort Brady. For rebuilding and repairing barracks, quarters, hospital, store-houses,

and materials for the same, at Fort Brady, Michigan Territory, five

thousand dollars. Fort Sullivan, For the purchase of land adjoining Fort Sullivan, and the buildings &c.

thereon, three thousand seven hundred and fifty dollars.

For the following objects, in addition to former appropriations for the

same: Armory, Har- For national armory at Harper's Ferry, seventy-seven thousand eight per's Ferry. Armory at

hundred and ninety-seven dollars. Springfield. For national armory at Springfield, forty-five thousand dollars. Light artille- For the purchase or manufacture of light brass and iron field artil

lery, and for construction of field artillery carriages, caissons, and travelling forges, one hundred and thirty-seven thousand one hundred and

ninety dollars. Furnaces. For the construction of furnaces for heating cannon balls, twelve

thousand dollars. President may Sec. 2. And be it further enacted, That the President of the United make transfers States is hereby authorized, under the restrictions of the act of the first of appropria tions.

of May, eighteen hundred and twenty, to make transfers from one head 1820, ch. 50.

ry, &c.

of appropriations for fortifications, to that of another for a like object, whenever, in his opinion, the public interest shall require it.

Sec. 3. And be it further enacted, That the several sums of money appropriated by this act and all other sums which have been or may be appropriated during the present session of Congress, shall be drawn from the Treasury, or paid over to the disbursing officers or agents of the Government, only as the same may be required by the several objects of expenditure authorized by law. APPROVED, July 2, 1836.

STATUTE I. Chap. CCLXIX.—An Act to amend an act entitled, An act authorizing the July 2, 1836.

laying off a town on Bean river, in the State of Illinois, and for other purposes," approved fifth February, eighteen hundred and twenty-nine.

Be it enacted by the Senate and House of Representatives of the United Board of ComStates of America in Congress assembled, That all acts and duties missioners. required to be done and performed by the surveyor of the States of Illinois and Missouri, and the Territory of Arkansas, under the act to Act of Feb. which this is an amendment, shall be done and performed by a board 5, 1829, ch. 15. of commissioners of three in number, any two of whom shall form a quorum to do business; said commissioners to be appointed by the President of the United States, and shall, previous to their entering upon the discharge of their duties, take an oath or affirmation to perform the same faithfully and impartially. Sec. 2. And be it further enacted, That the said commissioners shall

Power of also have power to hear evidence and determine all claims to lots of commissioners. ground arising under the act to which this is an amendment, and for this purpose the said commissioners are authorized to administer all oaths that may be necessary, and reduce to writing all the evidence in support of claims to pre-emption presented for their consideration; and when all the testimony shall have been heard and considered, the said commissioners shall file with the register and receiver of the land office at Galena, the testimony in each case, together with a certificate in favor of each person having the right of pre-emption; and upon making payment to the receiver at Galena, for the lot or lots to which such person is entitled, the receiver shall grant a receipt therefor, and issue certificates of purchase, to be transmitted to the General Land Office, as in other cases of the sale of public land.

Sec. 3. And be it further enacted, That the register and receiver at Duties of ReGalena, after the board of commissioners have heard and determined gister and Re. all the cases of pre-emption under the act to which this is an amend- ceiver, ment, shall expose the residue of lots to public sale to the highest bidder, after advertising the same in three public newspapers at least six weeks prior to the day of sale, in the same manner as is provided for the sale of the public lands in other cases; and after paying to the commissioners the compensation hereinafter allowed them, and all the other expenses incident to the said survey and sale, the receiver of the land office shall pay over the residue of the money he may have received from the sale of lots aforesaid, by pre-emption as well as at public auction, into the hands of the county commissioners of Jo Daviess county, to be expended by them in the erection of public buildings, and the construction of suitable wharves in the town of Galena.

Sec. 4. And be it further enacted, That the commissioners appointed Commissionto carry this act into effect, shall be paid by the receiver six dollars ers to be paid by each, per day, for their services, for every day they are necessarily the Receiver. employed.

APPROVED, July 2, 1836.

STATUTE I.
July 2, 1836. Cuap. CCLXX.An Act to change the organization of the Post Office Depart-
Act of March

ment, and to provide more effectually for the settlement of the accounts thereof. (a) 3, 1845, ch.43.

Be it enacted by the Senate and House of Representatives of the United Revenues to States of America in Congress assembled, That the revenues arising be paid into the in the Post Office Department, and all debts due to the same, shall, Treasury.

when collected, be paid, under the direction of the Postmaster General,

into the Treasury of the United States. Postmaster

Sec. 2. And be it further enacted, That the Postmaster General shall General to sub- submit to Congress at the next, and each succeeding annual session, mit estimates, specific estimates of the sums of money expected to be required for the &c.

service of the Department in the subsequent year, commencing on the first day of July, under the following heads, viz: “Compensation of postmasters," "Transportation of the mails,” “Ship, steam-boat, and way letters,” “Wrapping paper," “ Office furniture,” “ Advertising," "Mail bags,” “Blanks," " Mail locks, keys, and stamps,” “Mail depredations, and special agents," “ Clerks, for offices,” and “ Miscellaneous." And the Postmaster General shall render an account to Congress, at each succeeding annual session, of the amounts actually expended for

each of the purposes above specified. Appropriation Sec. 3. And be it further enacted, That the aggregate sum required made from rev. “for the service of the Post Office Department,” in each year, shall be Post Office De. appropriated by law out of the revenue of the Department, and that all partment. payments of the receipts of the Post Office Department into the Trea

sury, shall be to the credit of the said appropriation. To be paid by Sec. 4. And be it further enacted, That the sums appropriated for the Treasurer. the service aforesaid shall be paid by the Treasurer in the manner Proviso. herein directed: Provided, That the compensation of postmasters, the

expenses of post offices, and such other expenses of the Department for which appropriations have been made, as may be incurred by post

masters, may be deducted out of the proceeds of their offices, under Proviso. the direction of the Postmaster General: And provided, also, That all

charges against the Department by postmasters, on account of such expenses, shall be submitted for examination and settlement, to the auditor herein provided for; and that no such deduction shall be valid,

unless the expenditure so deducted, be found to have been made in Proviso. conformity to law: And provided, also, That the Postmaster General

shall have power to transfer debts due on account of the Department, by postmasters and others, in satisfaction of the legal demands for which appropriations have been made, of such contractors who may be creditors of the Department, as shall have given bonds, with security, to refund any moneys that may come into their hands over and above the amount which may be found due to them on the settlement of their

accounts. Treasurer to

Sec. 5. And be it further enacted, That the Treasurer of the United give receipts. States shall give receipts for all moneys received by him to the credit

of the appropriation for the service of the Post Office Department; which receipts shall be endorsed upon warrants drawn by the Postmaster General, and without such warrant, no acknowledgment for

money received as aforesaid shall be valid. Payments to

Sec. 6. And be it further enacted, That the appropriations for the be made on service of the Post Office Department shall be disbursed by the Treawarrants. surer out of the moneys paid into the Treasury for the service of the

Post Office Department, upon the warrants of the Postmaster General, registered and countersigned as herein provided, and expressing on

their faces the appropriation to which they should be charged. (a) For notes of the decisions of the courts of the United States on the duties and obligations of the Postmaster General, " Postmasters," and " Post Office," see vol. 1, 363.

Sec. 7. And be it further enacted, That the Treasurer shall render Accounts his accounts of the moneys received and paid by him on account of rendered quar

terly to the Au. the Post Office Department, quarterly to the Auditor for the Post Office ditor. Department, hereinafter provided for, and shall transmit copies of the same, when adjusted by him, to the two Houses of Congress. Sec. 8. And be it further enacted, That there shall be appointed by

Auditor to be the President, with the consent of the Senate, an Auditor of the Trea- appointed; and sury for the Post Office Department, whose duty it shall be to receive his duties. all accounts arising in the said Departments, or relative thereto, to audit and settle the same, and certify their balances to the Postmaster General: Provided, That if either the Postmaster General, or any Proviso. person whose account shall be settled, be dissatisfied therewith, he may, within twelve months, appeal to the First Comptroller of the Treasury, whose decision shall be final and conclusive. The said auditor shall report to the Postmaster General, when required, the official forms of papers to be used by postmasters, and other officers or agents of the Department concerned in its receipts and payments, and the manner and form of keeping and stating its accounts. He shall keep and preserve all accounts, with the vouchers, after settlement. He shall promptly report to the Postmaster General all delinquencies of postmasters in paying over the proceeds of their offices. He shall close the accounts of the Department quarterly, and transmit to the Secretary of the Treasury quarterly statements of its receipts and expenditures. He shall register, charge and countersign, all warrants upon the Treasury for receipts and payments issued by the Postmaster General, when warranted by law. He shall perform such other duties, in relation to the financial concerns of the Department, as shall be assigned to him by the Secretary of the Treasury, and shall make to them respectively, such reports as either of them may require respecting the same. The said auditor may frank, and receive, free of postage, letters and packets under the regulations provided by law for other officers of the Government. And all letters and packets to and from the Chief Engineer which may relate to the business of his office shall be free of postage.

Sec. 9. And be it further enacted, That it shall be the duty of the Duties of Postmaster General to decide on the official forms of all papers to be Postmaster Geused by postmasters, and other officers or agents of the Post Office neral. Department, concerned in its receipts and payments, and the manner and form of keeping and stating its accounts; to enforce the prompt rendition of the returns of postmasters, and of all certificates, acknowledgments, receipts, and other papers, by postmasters and contractors, relative to the accounts of the Department; to control, according to law, and subject to the settlement of the auditor, the allowances to postmasters, the expenses of post offices, and all other expenses incident to the service of the Department; to regulate and direct the payment of the said allowances and expenses for which appropriations have been made; to superintend the disposition of the proceeds of post offices and other moneys of the Department; to prescribe the manner in which postmasters shall pay over their balances; to grant warrants for money to be paid into the 'Treasury, and out of the same, in pursuance of appropriations by law, to persons to whom the same shall be certified to be due by the said auditor : Provided, That advances of necessary sums Proviso, to defray expenses may be made by the Postmaster General to agents of the Department employed to investigate mail depredations, examine post routes, and post offices, and perform other like services, to be charged by the auditor for the Post Office Department, and be accounted for in the settlement of their accounts.

Sec. 10. And be it further enacted, That the auditor for the Post Other duties Office Department shall state and certify, quarterly, to the Postmaster of the Auditor. General, accounts of the moneys paid pursuant to appropriations, in

VOL. V.-11

each year, by postmasters, out of the proceeds of their offices, towards the expenses of the Department, under each of the heads of the said expenses specified in the second section of this act; upon which the Postmaster General shall issue warrants to the Treasurer of the United States, as in case of the receipt and payment of the said moneys into and out of the Treasury, in order that the same may be carried to the credit and debit of the appropriation for the service of the Post Office

Department, on the books of the auditor for said Department. Duplicates of Sec. 11. And be it further enacted, That the Postmaster General contracts, &c. shall

, within sixty days after the making of any contract, cause a duplicate thereof to be lodged in the office of the auditor of the Post Office Department. Upon the death, resignation, or removal of any postmaster, he shall cause his bond of office to be delivered to the said auditor; and shall also cause to be promptly certified to him all establishments and discontinuances of post offices, and all appointments, deaths, resignations, and removals of postmasters, together with all orders and regulations which may originate a claim, or in any manner

affect the accounts of the Department. Accounts, Sec. 12. And be it further enacted, That the accounts of the Post how to be kept. Office Department shall be kept in such manner as to exhibit the

amounts of its revenues, derived respectively from “letter postages," “newspapers and pamphlets," and "fines;" and the amount of its expenditures for each of the following objects, namely: "compensation of postmasters," "transportation of the mails," "ship, steamboat, and way letters," "wrapping paper," "office furniture," "advertising," mail bags," “ blanks, mail locks, keys, and stamps," “ mail depreda

tions and special agents,” “ clerks for offices," and" miscellaneous.” Bonds and Sec. 13. And be it further enacted, That the bonds and contracts of contracts with postmasters, mail contractors, and other agents of the Post Office Dethe United

partment, shall hereafter be made to and with the United States of States, and all America; and all suits to be commenced for the recovery of debts or name.

balances due by postmasters and others, or upon bonds or contracts made to or with the present or any former Postmaster General, or for any fines, penalties, or forfeitures, imposed by the laws respecting the Post Office Department, or by the Postmaster General, pursuant thereto, shall be instituted in the name of the United States of America; and the demands in such suits shall have all the privileges and priorities in

adjudication and payment secured to other claims of the United States, Proviso. by the existing laws: Provided, That actions and suits which may have

been instituted in the name of the Postmaster General, previous to the passage of this act, shall not be affected by the provisions of this

section. Auditor to su:

Sec. 14. And be it further enacted, That the auditor for the Post perintend col. Office Department shall superintend the collection of all debts due to lection of debts. the Department, and all penalties and forfeitures imposed on postmas

ters, for failing to make returns, or pay over the proceeds of their offices; he shall direct suits and legal proceedings, and take all such measures as may be authorized by law, to enforce the prompt payment

of moneys due to the Department. Certified co

Sec. 15. And be it further enacted, That copies of the quarterly pies of quarterly returns of postmasters, and of any papers pertaining to the accounts in returns, &c. to the office of the auditor for the Post Office Department, certified by be evidence, him under his seal of office, shall be admitted as evidence in the courts &c.

of the United States; and in every case of delinquency of any postmaster or contractor, in which suit may be brought, the said auditor shall forward to the attorney of the United States certified copies of all papers in his office, tending to sustain the claim; and in every such case, a statement of the account, certified as aforesaid, shall be admitted as evidence; and the court trying the cause shall be thereupon au

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