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Dry-dock at New York.

Dry dock at
Pensacola.

Navy-yards at
Philadelphia.

Washington.

Gosport.

Pensacola.

Hospitals at

Charlestown.

Croton aqueduct, and of sufficient capacity to rebuild or repair a seventy-four gun-ship, and to cause an examination of any other plan or plans of a dry-dock or floating-dock in said harbor, deemed worthy by the Secretary to be reported upon, and to report the result of such examination, with his opinion thereon, to the next session of Congress. And all further expenditures under the appropriations heretofore made for the dry-dock in said harbor shall be suspended until the first day of January next: and the sum of one hundred thousand dollars shall be, and the same hereby is, appropriated for the construction of a floating dry-dock at Pensacola, of capacity sufficient for the repair of frigates of the smaller class, and upon such plan as the Secretary of the Navy shall approve.

For Philadelphia, Pennsylvania, for the said half calendar year, one thousand nine hundred and fifty dollars; and for the said fiscal year, two thousand and seventy dollars;

For Washington, District of Columbia, for the said half calendar year, five thousand seven hundred and sixty-seven dollars; and for the said fiscal year, four thousand eight hundred and fourteen dollars;

For Gosport, Virginia, for the said half calendar year, five thousand two hundred dollars; and for the said fiscal year, nine thousand three hundred and ten dollars;

For Pensacola, Florida, for the said half calendar year, three thousand dollars; and for the said fiscal year, four thousand and forty-seven dollars;

For necessary repairs of hospital buildings and their dependencies, namely :

For Charlestown, Massachusetts, for the said half calendar year, one thousand five hundred dollars; and for the said fiscal year, one thousand three hundred dollars;

For Brooklyn, New York, for the said half calendar year, eight thousand eight hundred and thirty-two dollars; and for the said fiscal year, fifteen thousand dollars ;

For Norfolk, Virginia, for the said half calendar year, two thousand dollars; and for the said fiscal year, two thousand dollars;

For Pensacola, Florida, for the said half calendar year, one thousand five hundred dollars; and for the said fiscal year, two thousand four hundred and forty-eight dollars and twenty-five cents;

For Philadelphia naval asylum, for the said half calendar year, nine hundred and forty-five dollars; and for the said fiscal year, three hundred and sixty-six dollars;

For necessary repairs of magazines, namely:

For Charlestown, Massachusetts, for the said half calendar year, fire hundred dollars; and for the said fiscal year, one thousand dollars;

For Brooklyn, New York, for the said half calendar year, three hundred and fifty dollars; and for the said fiscal year, three hundred and fifty dollars;

For Washington, District of Columbia, for the said half calendar year, two hundred and fisty dollars; and for the said fiscal year, two hundred and fifty dollars;

For Norfolk, Virginia, for the said half calendar year, three hundred and fifty dollars; and for the said fiscal year, three hundred and fifty dollars ;

For ordnance and ordnance stores for the navy and armed vessels on the northern lakes, for the said half calendar year, forty-eight thousand four hundred and twenty-two dollars and ninety-seven cents; and for the said fiscal year, ninety-six thousand eight hundred and forty-seven dollars and ninety-three cents;

For defraying the expenses that may accrue for the following pur. poses, viz. : For freight and transportation of materials and stores of

Brooklyn.

Norfolk.

Pensacola.

Philadelphia.

Magazines at
Charlestown.

Brooklyn.

Washington.

Norfolk.

Urdnance, &c. on the lakes.

Miscellaneous expenses.

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 bire, oflice 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 connected therewith, and for other 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 assistance rendered to vessels in distress; for incidental labor at navyyards, 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, for the said half calendar year, three hundred and thirty thousand dollars; and for the said fiscal year, four hundred and fifty thousand dollars.

For contingent expenses for objects not enumerated for the said half Contingent calendar year, one thousand five hundred dollars; and for the said fiscal expenses. year, three thousand dollars.

For printing and publishing the code of rules and regulations for the Printing navy government of the navy, prepared by the Secretary of the Navy and regulations. Attorney General, in obedience to a resolution of the last session, in case the same should be ratified by Congress, one thousand dollars.

For defraying the expenses of the agencies for the inspection of hemp, Expenses of authorized by a joint resolution of Congress, approved eighteenth Feb hemp agencies. ruary, one thousand eight hundred and forty-three, four thousand dol

Proviso: malars : Provided, That all provisions and clothing, hernp, and other ma

terials for the terials of every name and nature, for the use of the navy, and the navy, &c. to be transportation thereof, when time will permit, shall hereafter be furnish- furnished by ed by contract by the lowest bidder as follows: the Secretary of the Navy shall advertise, once a week, for at least four weeks, in one or 1847, ch. 48, $ 2. more of the principal papers published in the place where such articles 1848, ch. 121, are to be furnished for sealed proposals for furnishing such articles, or the whole of any particular class of articles, specifying in such advertisement the amount, quantity, and description of each kind of articles to be furnished, and all such proposals shall be kept sealed until the day specified in such advertisement for opening the same, when they shall be opened by or under the direction of the officer making such advertisement, in the presence of at least two persons; and the person offering to furnish any class of such articles, and giving satisfactory security for the performance thereof, under a forfeiture not exceeding twice the contract price in case of failure, shall receive a contract for furnishing the same; and in case the lowest bidder shall fail to enter into such contract and give such security within a reasonable time, to be fixed in such advertisement, then the contract shall be given to the next lowest bidder, who shall enter into such contract and give such security; and that all such bids or proposals shall be preserved and recorded, and reported to Congress at the commencement of every regular session; and the same shall contain a true and faithful abstract of all offers made, embracing as well those which are rejected as those which are accepted; the said abstract shall embrace the names of the party or parties offering, the terms proposed, the sums demanded, and the length of time the agreement is to continue. And in case of a failure, to supply the articles or to perform the work, by the person entering into such conVol. V.-78

3 B2

contract.

911.

cers.

tract, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name of

the United States, in any court having jurisdiction thereof. Marine corps.

Marine Corps. For pay of officers, non-commissioned officers, Paycand sub musicians, privates, and servants serving on shore, and subsistence of sistence of off

officers of the marine corps, for the said half calendar year, ninetynine thousand nine hundred and thirty-eight dollars; and for the said fiscal year, two hundred and one thousand four hundred and seventy

two dollars and fifteen cents. Provisions. For provisions for non-commissioned officers, musicians, privates,

servants, and washerwomen, serving on shore, for the said half calendar year, nineteen thousand one hundred and twenty-eight dollars and eight cents; and for the said fiscal year, thirty-eight thousand six

hundred and seventy-eight dollars and eighty cents. Clothing

For clothing for the said half calendar year, twenty thousand three hundred and forty-nine dollars; and for the said fiscal year, forty thou

sand six hundred and ninety-eight dollars. Fuel.

For fuel for the said half calendar year, eight thousand one hundred and thirty-seven dollars and six cents; and for the said fiscal year, six

teen thousand two hundred and seventy-four dollars and twelve cents. Barracks. To keep barracks in repair, for rent of temporary barracks, for the

said half calendar year, three thousand dollars; and for the said fiscal

year, six thousand dollars. Transporta

For transportation of officers, non-commissioned officers, musicians, tion.

and privates, and expenses of recruiting, for the said half calendar year, four thousand dollars; and for the said fiscal year, eight thousand

dollars. Military For military stores, pay of armorers, keeping arms in repair, accoustores, &c.

trements, ordnance stores, flags, drums, fifes, and other instruments for the band, for the said half calendar year, one thousand four hundred

dollars; and for the said fiscal year, two thousand eight hundred dollars. Contingent For contingent expenses of said corps, viz: For freight, ferriage, toll, expenses. 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 quariers assigned; for 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, oil, straw, barrack furniture, bed sacks, spades, axes, shovels, picks, carpenters' tools, and for keeping a horse for the messenger, for the said half calendar year, eight thousand nine hundred and ninety dollars; and for the said fiscal year, seventeen thousand nine hundred and eighty dollars.

APPROVED, March 3, 1343. STATUTE III. March 3, 1843. Chap. LXXXIV.–An Act to test the practicability of establishing a system of

electro-magnetic telegraphs by the United States. [Obsolete.]

Be it enacted by the Senate and House of Representatives of the Appropriation United States of America in Congress assembled, That the sum of thirty for constructing thousand dollars be, and is hereby, appropriated, out of any moneys in the electro.magnetic telegraph.

treasury not otherwise appropriated, for testing the capacity and usefulness of the system of electro-magnetic telegraphs invented by Samuel F. B. Morse, of New York, for the use of the Government of the United States, by constructing a line of said electro-magnetic telegraphs, under the superintendence of Professor Samuel F. B. Morse, of such length, and between such points, as shall fully test its practicability and utility, and that the same shall be expended, under the direction of the Seere

tary of the Treasury, upon the application of said Morse. Payment of Prof. Morse,

sec. 2. And be it further enacted, That the Secretary of the Trea and others. sury be, and he is hereby, authorized to pay, out of the aforesaid tbirty thousand dollars, to the said Samuel F. B. Morse, and the persons employed under him, such sums of money as he may deem to be a fair compensation for the services of the said Samuel F. B. Morse, and the persons employed under him, in constructing and in superintending the construction of the said line of telegraphs authorized by this act. APPROVED, March 3, 1843.

STATUTE III. Chap. LXXXV.-An Act for the protection of commerce on Lake Michigan. March 3, 1843.

Be it enacted by the Senate and House of Representatives of the (Obsolete.) United States of America in Congress assembled, That the following Appropriasums of money be, and the same are hereby, appropriated, to be paid tions. out of any money in the treasury not otherwise appropriated, for the protection of commerce on Lake Michigan.

For the half calendar year from the first of January to thirtieth June, eighteen hundred and forty-three; and for the fiscal year from the first day of July, eighteen hundred and forty-three, to the thirtieth June eighteen hundred and forty-four, viz: For the construction of a harbor at the most suitable situation at or Milwaukie

harbor. near Milwaukie in the Territory of Wisconsin, to be made under the survey of an officer to be appointed by the Secretary of War, for the said half calendar year, fifteen thousand dollars; and for the said fiscal year, fifteen thousand dollars.

It shall be the duty of the corps of topographical engineers to survey Light-house at and select the most suitable site for a light-house at or near Southport

Southport. on Lake Michigan, in said Territory. For continuing the public works at the harbor of Chicago, in the State Chicago har

bor. of Illinois, for the said half calendar year, ten thousand dollars; and for the said fiscal year, fifteen thousand dollars.

For continuing the public works at the harbor of St. Joseph in the St. Joseph State of Michigan; for the said half calendar year, ten thousand dol- harbor. lars; and for the said fiscal year, fifteen thousand dollars.

Sec. 2. And be it further enacted, That before the money hereby Location of appropriated for the construction of a harbor at or near said Milwaukie, Milwaukie har. shall be expended, the corps of topographical engineers shall select from actual examination and survey the point of location of said har. bors. APPROVED, March 3, 1843.

STATUTE III. Chap. LXXXVI.- An Act to authorize the investigation of alleged frauds under March 3, 1843.

the pre-emption laws, and for other purposes. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of An agent to be the General Land Office be, and he hereby is, authorized to appoint a appointed to in

vestigate cases competent agent, whose duty it shall be, under direction of said Com

of alleged fraud missioner, to investigate, upon oath, the cases of fraud under the pre- in Columbus emption laws, alleged to exist in the Columbus land district, in the State land district. of Mississippi, referred to in the late annual report of said Commissioner, communicated to Congress by letter of the Secretary of the Treasury, dated December the fifteenth, one thousand eight hundred and forty-two; and that such agent shall examine all witnesses who may Mode of inves. be brought before him by the individual or individuals alleging the fraud, tigation. as well as those witnesses who may be produced by the parties in interest, to sustain said claims; and that he be, and is hereby, invested with power to administer to such witnesses an oath to speak the truth in regard to any question which may be deemed necessary to the full

(a) See notes of the acts which have been passed relating to pre-emption rights; act of May 29, 1830, ch. 208.

examination of the cases so alleged to be fraudulent; and such testimony shall be reduced to writing, and subscribed by each witness, and the same returned to the Commissioner, with the opinion of said agent on each claim; and any witness, so examined before the said agent, who shall swear wilfully and falsely in regard to any matter or thing touching such examination, shall be subject, on conviction, to all the pains and penalties of perjury; and it shall be the duty of the Commissioner, to decide the cases thus returned, and finally to settle the matter

in controversy, subject alone to an appeal to the Secretary of the TreaProviso. sury: Provided, That the power conferred by this section upon such

agent is hereby limited to the term of one year from and after the date of this act; and the compensation to be paid to said agent shall not exceed three dollars per day for each day he may be necessarily engaged

in the performance of the duties required by this section. In case of death Sec. 2. And be it further enacted, That in any case, where a party of party entitled entitled to claim the benefits of any of the pre-emption laws shall hare to pre-emption before consumo

died before consummating his claim, by filing, in due time, all the papers maling claim. essential to the establishment of the same, it shall be competent for the

executor or administrator of the estate of such party, or one of the heirs, to file the necessary papers to complete the saine : Prooided, That the entry in such cases shall be made in favor of “the heirs" of the deceased pre-emptor, and a patent thereon shall cause the title to inure to

said heirs, as if their names had been specially mentioned. Settlers on cer.

Sec. 3. And be it further enacted, That every settler on section sixtain lands, un- teen, reserved for the use of schools, or on other reserves or land corsurveyed at time of settle

ered by private claims of others, which was not surveyed at the time of ment, may en

such settlement, and who shall otherwise come within the provisions of ter other lands. the several pre-emption laws in force at the time of the settlement, upon

proof thereof before the register of the proper land office, shall be entitled to enter, at the minimum price, any other quarter section, or fractional section, or fractional quarter section, in the land district in which such school section or reserve or private claim may lie, so as not to er.

ceed one hundred and sixty acres, not reserved from sale, or in the Proviso.

occupancy of any actual bona fide settler : Provided, Such settlement

was made before the date of the act of fourth September, eighteen 1841, ch. 16. hundred and forty-one, and after the extinguishment of the Indian title. An individual Sec. 4. And be it further enacted, That where an individual has filed, filing a declara. under the late pre-emption law, his declaration of intention to claim the tion for one tract, cannot file

benefits of said law for one tract of land, it shall not be lawful for the a sccond for an.

same individual at any future time, to file a second declaration for anooiher.

ther tract. Claimants un- Sec. 5. And be it further enacted, That claimants under the late der late pre

pre-emption law, for land not yet proclaimed for sale, are required to emption law, &c. to make

make known their claims, in writing, to the register of the proper land known their office, within three months from the date of this act when the settlement claims.

has been already made, and within three months from the time of the settlement when such settlement shall hereafter be made, giving the designation of the tract, and the time of settlement; otherwise his claim to be forfeited, and the tract awarded to the next settler, in the order of time, on the same tract of land, who shall have given such notice, and

otherwise complied with the conditions of the law. Claimants not

Sec. 6. And be it further enacted, That whenever the vacancy of the to suffer for non- office either of register or receiver, or of both, shall render it impossible compliance for the claimant to comply with any requisition of any of the pre-emption with pre-emption laws caused

laws within the appointed time, such vacancy shall not operate to the by vacancy of detriment of the party claiming, in respect to any matter essential to the office of register establishment of his claim: Provided, That such requisition is complied or receiver. Proviso. with within the same period after the disability is removed as would

have been allowed him had such disability not existed.

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