quantity exceeding the proof is not in other respects to &c. account of the same have not been issued from the General Land Office, bethat specified in cause of the orginal tract claimed, or the float arising therefrom, the law, and where exceeding the quantity specified in the law, or when the adjudifull as to all the cation has been made by the receiver and the clerk of the regis facts, &c. ter, 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, Proviso: entries as in other cases: Provided, That the Secretary of the Treasube fair and regular, ry 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 Proviso: act 4th that no fraud shall appear in them: And provided, also, That September, 1841, the act of fourth September, eighteen hundred and forty-one, of pre-emption by entitled" An act to appropriate the proceeds of the sales of pubreason of settle, lic lands, and to grant pre-emption 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 preemption 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 26th, 1842. not to confer a right ment on a tract heretofore sold. made with the Pursers, &c., not CHAP. 206.-AN ACT to regulate the pay of pursers and other officers of the navy. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress All supplies for assembled, That all purchases of clothing, groceries, stores, and the navy to be supplies of every description for the use of the navy, as well for public money, un- vessels in commission as for yards and stations, shall be made der regulations to be prescribed by with and out of the public moneys appropriated for the support the Executive. of the navy, under such directions and regulations as may be made by the Executive for that purpose; and it shall not be to dispose of stores lawful for pursers, or other officers or persons holding commison their own ac sion 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 to be charged on centage upon stores or supplies be charged to, or received from, hereinafter pre- persons in the naval service, other than those which are hereinafter prescribed. to officers or crew, count, No per centage stores, other than scribed. Executive to for the purchase of stores, &c. SEC. 2. And be it further enacted, That it shall be the duty provide regulations 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 ves SEC. 3. And be it further enacted, That, in lieu of the pay, Pay of pursers, rations, 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 Bels in commission, 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, At navy yards, 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, At naval stations, fifteen hundred dollars; and in receiving ships at Boston, New In receiving ships, 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 pensation and alattached to vessels for sea service, and except, also, for travel- lowance, except, ling expenses, when under orders, for which ten cents per mile shall be allowed. On leave. At other places, & Yearly pay al lowed by this act to be all their com by this act. Secretary of the Navy may demand SEC. 4. And be it further enacted, That nothing in this act Bonds heretofore contained shall be construed to affect the bonds which have given not affected 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 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. new bonds. Pursers neglect ing or refusing to be dismissed. give the same to SEC. 5. And be it further enacted, That the rules and regu- Rules, &c., to be lations which shall be made in conformity with the provisions laid before Canof this act shall be laid before Congress at their next session. gress. Joans of money, SEC. 6. And be it further enacted, That it shall not be law- Advances or ful for a purser in the navy to advance or loan any sum or sums &c., unlawful. 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 passage; and, in vessels abroad, at the beginning of the quarter after its official receipt. Act to go into effect, when. Pureers at cerallowed a clerk of tain stations, &c., assistant. SEC. 8. And be it further enacted, That pursers attached to, and doing duty in, navy yards, at Boston, New York, and Norfolk, and sea-going 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 nation, Clerk's compen hundred dollars; in a ship of the line, seven hundred dollars. His privileges. Said assistant or clerk shall have the privileges which are allowPursers and ed to the clerk of the commanding officer; and each purser and one ration, when. clerk, while attached to vessels in commission, shall receive one ration per day. elerks allowed Pursers' stores commission to be SEC. 9. And be it further enacted, That all stores of puron board ships in sers on board ships in commission shall be taken by the Govtaken by Govern- ernment at a fair valuation, under the direction of the Secretary of the Navy.. ment. ཏི Acts inconsist- SEC. 10. And be it further enacted, That all acts or parts of ent with this act, acts which may be contrary to, or inconsistent with, the provisions of this act, shall be, and are hereby, repealed. repealed. carpenters, and sailmakers. Pay of boat- SEC. 11. And be it further enacted, That, from and after swains, gunners, 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. Officers perform sing the duty of a the pay, and not otherwise. SEC. 12. And be it further enacted, That whenever an offihigher grade, by cer shall perform the duty of a higher grade, by order of the order, to receive 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 pay of such higher grade duirng 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 26th, 1842. year to commence on let July. CHAP. 207. AN ACT to define and establish the fiscal year of the Treasury of the United States. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress On and after 1st assembled, That on and after the first day of July in the year July, 1843, fiscal of our Lord eighteen hundred and forty-three, the fiscal year of the Treasury of the United States, in all matters of accounts, receipts, expenditures, estimates, and appropriations, shall comReport and esti- mence on the first day of July in each year; and the report and mates to be made 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, seventeen 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. accordingly. to be made to separate estimates SEC. 2. And be it further enacted, "That it shall be the duty At next session, of the Secretary of the Treasury, to submit to Congress at the report & estimates commencement of the next session, his annual report upon the June next, and state of the finances and estimates of appropriations required for to 30th June, 1844. 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 re ceipts for said periods respectively; and the style and title of Title of approall acts making appropriations for the support of Government, priation acts. 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.) Publication of receipts and expen ditares to be according to the new fiscal 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 Said accounts to calendar year ending June thirtieth, eighteen hundred and forty- separate. 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. 30th June, 10 be commerce and-na fiscal year. Said statements to 30th June, to be SEC. 4. And be it further enacted, That the annual state-Statements of ments of the commerce and navigation of the United States, vigation to be acrequired by law to be submitted to Congress on the first Mon- cording to the new day 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 separate. 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 26th, 1842. CHAP. 208.-AN ACT for the relief of Charles D. Hammond and Augustus Betton, and make [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That at the next term of the district court of the Permitted to open United States for the district of Georgia, ensuing the passage of od against them as a judgment obtainthis act, Charles D. Hammond and Augustus H. Kenan be sureties of 8. D. permitted to open a judgment obtained against them in the defence. year eighteen hundred and forty, in said court, as the securities of Solomon D. Betton, late postmaster at Milledgeville, Georgia, at the suit of the Postmaster General of the United States; and that the said Charles D. Hammond and Augustus H. Kenan be permitted to make the same defence to said suit, that they might or could have made had said judgment not been rendered: Provided, however, That the said judgment shall stand ment to stand as a security for such sum as may be recovered. Approved, August 26th, 1842. Proviso: Judg security for what may be recovered. enter certain land, CHAP. 209.-AN ACT for the relief of John Pratt, or his legal representative. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress Authorized to assembled, That John Pratt, or his legal representative, is hereby authorized to enter, under his pre-emption claim, at the minimum price of the public lands, that portion of fractional section number twenty-two, in township number four, range number one west, in the land district of St. Stephen's, Alabama, not embraced in the patents heretofore issued to James Ethridge Proviso: limit and William D. Stone: Provided, The same shall not exceed Proviso: survey- one hundred and sixty acres: And provided also, That it shall or to make any be the duty of the surveyor of public lands in the State of Alasurvey necessary. bama to make any survey necessary to complete said entry. Approved, August 26th, 1842. ng the quantity. per month allow ed. CHAP. 210.-AN ACT granting a pension to Francis Perrigo. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress Pension of $8 assembled, That the Secretary of War is hereby directed to place the name of Frederick Perrigo, of the State of New York, upon the list of invalid pensioners of the United States; and that said Perrigo be entitled to receive a pension of eight dollars per month, to commence on the first day of January, in the year of our Lord one thousand eight hundred and forty-two, and to continue during his natural life. Approved, August 26th, 1842. CHAP. 211.—AN ACT to increase the revolutionary invalid pension of Joha [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress His pension to assembled, That the Secretary of War be, and is hereby, di e increased. rected to increase the revolutionary invalid pension of John Looney from thirty-four dollars and twelve cents per annum, to eight dollars per month, commencing on the first day of January, eighteen hundred and thirty-seven, and to continue during life, deducting therefrom the amount of the payments made to him as an invalid pensioner, at the rate of thirty-four dollars and twelve cents per annum, from the first day of January, eighteen hundred and thirty-seven, the time of the commencement of the increase of his pension. Approved, August 26th, 1842. |