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Appropriations for Fortifications for 1846. An act making appropriations for certain fortifications of the United States, for the year ending on the thirtieth of June, eighteen hundred and forty-six. March 3, 1845...

Military Services in Florida. An act providing payment for certain military services in Florida. March 3, 1845.

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Appropriations for the Support of the Army for 1846. An act making appropriations for the support of the army, for the year ending on the thirtieth of June, eighteen hundred and forty-six. March 3, 1845....

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Commercial Intercourse with Miquelon and St. Pierre. An act regulating commercial intercourse with the Island of Miquelon and St. Pierre. March 3, 1845..... Improvement of the Harbor of Southport, in Wisconsin. An act to continue the harbor improvement already commenced at the town of Southport, in the town of Southport, in the territory of Wisconsin. March 3, 1845...

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Construction and Improvement of Roads in Wisconsin. An act for the construction and improvement of certain roads in the territory of Wisconsin. March 3, 1845.. Transportation of the Mail between the United States and Foreign Countries. An act to provide for the transportation of the mail between the United States and foreign countries, and for other purposes. March 3, 1845.. Drawback on certain Exports of Merchandise. An act allowing drawback upon foreign merchandise exported in the original packages to Chihuahua and Santa Fe, in Mexico, and to the British North American provinces adjoining the United States. March 3, 1845. . Appropriations for the Support of Government for 1846. An act making appropriations for the civil and diplomatic expenses of the Government for the year ending the thirtieth June, eighteen hundred and forty-six, and for other purposes. March 3, 1845..... Appropriations for the Indian Department and for Indian Treaties. An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with the various Indian tribes, for the fiscal year commencing on the first day of July, eighteen hundred and forty-five, and ending on the thirtieth day of June, eighteen hundred and forty-six. March 3, 1845.

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Improvements in the Territory of Iowa. An act making appropriations for certain improvements in the territory of Iowa. March 3, 1845.

778

Post-Roads. An act to establish certain post-routes. March 3, 1845.

778

Admission of Iowa and Florida into the Union. Acts supplemental to the act for the admission of the States of Iowa and Florida into the Union. March 3, 1845. ... Appropriations for the Naval Service for the Year 1846. An act making appropriations for the naval service for the year ending the thirtieth June, eighteen hundred and forty-six. March 3, 1845. Revenue Cutters and Steamers. An act relating to revenue cutters and steamers. March 3, 1845.....

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RESOLUTIONS.

No. 1. Explanation of an Act for the Payment of Revolutionary Pensions. A resolution explanatory of an act making appropriations for the payment of revolutionary and other pensions of the United States, for the fiscal year ending the thirtieth of June, one thousand eight hundred and forty-five. Jan. 23, 1845...

No. 3. Suspension of part of the Third Section of the Joint Resolution of 1841, as it affects the Depôt at Memphis. A resolution to suspend a part of the third section of the joint resolution of the eleventh of September, one thousand eight hundred and forty-one, relating to armories. Feb. 13, 1845.

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No. 4. Contracts with Railroad Companies for Carrying the Mail. Joint resolution authorizing the Postmaster General of the United States to contract with railroad companies, in certain cases, without advertising for proposals therefor. Feb. 20, 1845.....

No. 5. Distribution of the Work on the Exploring Expedition. A resolution for distributing the work on the Exploring Expedition. Feb. 20, 1845..

No. 7. Payment of Supplies, &c. for the Defence of the Inhabitants of Florida. A resolution amendatory of the resolution passed April thirty, one thousand eight hundred and fortyfour, "respecting the application of certain appropriations heretofore made." March 1, 1815...

No. 8. Annexation of Texas to the United States. Joint resolution for annexing Texas to the United States. March 1, 1845.

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No. 9. Putnam's Ploughing and Dredging Machine. A resolution directing an examination of Putnam's ploughing and dredging machine. March 3, 1845...................

No. 10. Edition of the Laws of the United States. A resolution to authorize the Attorney General to contract for copies of a proposed edition of the laws and treaties of the United States. March 3, 1845...

No. 11. Shawnee Indians. A joint resolution authorizing the Secretary of War to pay any balance that may be due the Shawnee Indians who served in the Florida war. March 3, 1845.....

No. 13. Reduction of Postage, &c. Joint resolution to fix the time when the act to reduce the rates of postage, to limit the use and correct the abuse of the franking privilege, and for the prevention of frands on the revenues of the Post-Office Department, passed at this session, shall go into effect. March 3, 1845. ...

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No. 14. Defaults by States in the Payment of Interest or Principal of Investments on Bonds held by the United States. A joint resolution directing the Secretary of the Treasury, whenever any State shall have been or may be in default for the payment of interest or principal on investments in its stocks or bonds held by the United States in trust, to retain certain moneys to which such State is entitled for the purposes therein named. March 3, 1845.... .... 801

No. 15. Additional Inspectors at the Port of New Orleans. A resolution authorizing the em ployment of additional Inspectors of the Customs at the port of New Orleans. March 3, 1845.....

APPENDIX NO. 1.

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Proclamation issued by the President of the United States under the act of June 1836, Chap. 86. 802

APPENDIX NO. 2.

An act further to amend the act incorporating the Chesapeake and Ohio Canal Company, passed February twenty-seventh, eighteen hundred and twenty-nine.....

802

THE

LAWS OF THE UNITED STATES.

ACTS OF THE TWENTY-FOURTH CONGRESS

OF THE

UNITED STATES.

Passed at the first session, which was begun and held at the City of Washington, in the District of Columbia, on Monday, the 7th day of December, 1835, and ended July 4, 1836.

ANDREW JACKSON, President; MARTIN VAN BUREN, Vice President of the United States, and President of the Senate, JAMES K. POLK, Speaker of the House of Representatives.

STATUTE I.

CHAPTER I.—An Act making an appropriation for repressing hostilities commenced by the Seminole Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of one hundred and twenty thousand dollars be and the same hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, to defray the expenses attending the suppression of hostilities with the Seminole Indians in Florida, to be expended under the direction of the Secretary of War, conformably to the provisions of the act of April fifth, eighteen hundred and thirty-two, making appropriations for the support of the army.

APPROVED, January 14, 1836.

Jan. 14, 1836.

1832, ch. 64.

STATUTE I.

CHAP. III.—An Act making an additional appropriation for repressing hostilities Jan. 29, 1836. commenced by the Seminole Indians.

any

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of five hundred thousand dollars be, and the same hereby is appropriated, out of money in the Treasury not otherwise appropriated, in addition to a former appropriation, to defray the expenses attending the suppression of hostilities with the Seminole Indians in Florida; to be expended in the manner provided for in the act approved January fourteenth, eighteen hundred and thirty-six, entitled “An Act making an appropriation for repressing hostilities commenced by the Seminole Indians." APPROVED, January 29, 1836.

CHAP. V.-An Act to extend the charters of certain Banks, in the District of
Columbia, to the first day of October, one thousand eight hundred and thirty-six.

[Obsolete.]

Five hundred

thousand dollars, in addition to former appropriations.

1836, ch. 1.

STATUTE I.
Feb. 9, 1836.
[Expired.]
Act of July

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the acts incorporating 2, 1836, ch. 260. certain banks in the District of Columbia, that is to say, the Bank of Potomac, and the Farmers Bank of Alexandria, in the city of Alexandria; the Union Bank, and the Farmers and Mechanics Bank of Georgetown, VOL. V.-1

Α

STATUTE I.

Feb. 11, 1836. [Obsolete.]

Members of Congress.

Clerks of the Senate & House

of Representa

tives.

Stationery, &c.

STATUTE I.

in the town of Georgetown; the Bank of the Metropolis, the Patriotic
Bank of Washington, and the Bank of Washington, in the city of
Washington, be, and the same are hereby renewed, continued in full
force, and limited to the first Saturday, and first day of October, in the
year of our Lord eighteen hundred and thirty-six.
APPROVED, February 9, 1836.

CHAP. VII.-An Act making appropriations, in part, for the support of Govern ment, for the year one thousand eight hundred and thirty-six.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any unappropriated money in the Treasury, viz:

For pay and mileage of the members of Congress and Delegates, five hundred and fifty-six thousand four hundred and eighty dollars.

For pay of the officers and clerks of the Senate and House of Representatives, thirty-three thousand seven hundred dollars.

For stationery, fuel, printing, and all other incidental and contingent expenses of the Senate, fifty-three thousand seven hundred dollars.

For stationery, fuel, printing, and all other incidental and contingent expenses of the House of Representatives, two hundred thousand dollars. The said two sums last mentioned, to be applied to the payment of the ordinary expenditures of the Senate and House of Representatives, severally, and to no other purpose.

APPROVED, February 11, 1836.

Feb. 17, 1836. CHAP. XXXVIII.-An Act to incorporate a fire insurance company, in the town of Alexandria, in the District of Columbia.(a)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the persons who were

(a) Decisions of the Courts of the United States on Insurance against Fire:

Among the conditions which were printed on the same sheet with a policy of insurance against fire, was one requiring "that all persons insured, and sustaining loss or damage by fire, should forthwith give notice thereof to the company, and as soon after as possible deliver in a particular account of such loss or damage, signed with their own hands, and verified with their oath or affirmation, and also, if required, by their books of account and other proper vouchers." Held, that the particular account required by the above condition is a particular account of the articles lost or damaged, and does not refer to the manner and cause of the loss. Catlin v. The Springfield Ins. Co., 1 Sumner's C. C. R. 434.

In stating a loss, it is sufficient to show it to have been occasioned by a peril within the policy, without negativing the exception of losses from design, invasion, public enemies, riots, &c.; which are properly matters of defence. Ibid.

The words in a policy against fire, described the house as "at present occupied as a dwelling-house, but to be occupied hereafter as a tavern, and privileged as such." Held, that this is not a warranty that the house should, during the continuance of the risk, be constantly occupied as a tavern; but that it is, at farthest, a mere representation of the intention to occupy it as such, and a license or privilege granted by the underwriters that it might be so occupied. Ibid.

Where underwriters agree to make good any loss or damage "by fire originating in any cause, except design in the insured, invasion," &c., held, that the exception of losses by design admits all losses not by design; that, therefore, where the plaintiff negligently left the premises insured derelict, and intruders came and burnt them, without any co-operation or knowledge on the part of the plaintiff, it is a loss within the policy. Ibid.

The material inquiry is, does the offer for insurance state truly the interest of the assured in the property to be insured? The offer describes the property as belonging to Lawrence & Poindexter, and states it afterwards to be their stone mill. It contains no qualifying terms, which should lead the mind to suspect that their title was not complete and absolute. The title of the assured was subject to contingencies, and was held under contracts which had become void by the non-performance of the same. The supreme court is of opinion that a precarious title, depending for its continuance on events which might or might not happen, is not such a title as is described in this offer for insurance; construing the words of that offer as they are fairly to be understood. The Columbian Ins. Co. v. Lawrence, 2 Peters, 48.

The contract for insurance against fire is one in which the underwriter generally acts on the representation of the assured; and that representation ought consequently to be fair, and to omit nothing which it is material to the underwriter to know. It may not be necessary that the person requiring insurance should state every incumbrance on his property, which it might be required of him to state if it was offered for sale; but fair dealing requires that he should state everything which might influence the mind of the underwriter in forming or declining the contract. Ibid. 49.

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