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⚫ for materials previously contracted for and yet to be delivered, until a suitable place shall be selected in the harbor of New York, and the title to the land obtained, and a plan and estimate of the cost made, under the direction of the Secretary of the Navy, and approved by him and the President: And provided also, That the Secretary of the Navy may, in his discretion, apply the sum of one hundred thousand dollars of the amount hereby appropriated, and any balance of former appropriations for the construction of a dry dock at Brooklyn, New York, to the construction of a floating dock at the same place; and if any part of this appropriation shall be expended upon the construction of a floating dock, as hereby authorized, the construction of the dry dock shall be suspended until the further order of Congress.

No. 10. For improvement and necessary repairs of the navy Philadelphia, yard at Philadelphia, Pennsylvania, one thousand six hundred dollars.

No. 11. For improvement and necessary repairs of the navy washington, yard at Washington, District of Columbia, fifteen thousand three hundred dollars.

No. 12. For improvement and necessary repairs of the navy Gosport and yard at Gosport, Virginia, fifty-six thousand eight hundred dol

lars.

No. 13. For improvement and necessary repairs of the navy Pensacola. yard near Pensacola, Florida, and for a naval constructor at said place, thirty-five thousand three hundred dollars.

Charlestown,

No. 14. For necessary repairs of hospital building and its Hospitals at dependencies at Charlestown, Massachusetts, three thousand nine hundred and sixty dollars.

No. 15. For finishing coppering the roof of the hospital New York, building at Brooklyn, New York, fifteen hundred and dollars.

No. 16. For necessary repairs of the hospital building and its dependencies at Norfolk, Virginia, thirteen thousand seven hundred and fifty dollars..

No. 17. For building an ice-house and privies at the hospital at Pensacola, Florida, two thousand dollars.

No. 18. For necessary repairs of the Philadelphia naval Asylum, one thousand three hundred dollars.

Norfolk

Pensacola, and

Philadelphia.

Miscellaneous

No. 19. For defraying the expenses that may accrue for the following purposes, viz: For freight and transportation of mate- expenses. rials and stores of 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 hire, office 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,

Contingent expenses.

Steamers Splen did and Clarion.

Suppression of

models, and drawings; for the purchase and repair of fire engines and 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 taxes and assessments on public property; for assistance rendered to vessels in distress; for incidental labor at navy yards, 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, four hundred and fifty thousand dollars. No. 20. For contingent expenses for objects not hereinbefore enumerated, three thousand dollars.

No. 21. For the charter of steamers Splendid and Clarion, in September and October, eighteen hundred and forty-one, for the survey of Nantucket Shoal, four thousand three hundred and forty-five dollars and thirty-nine cents.

No. 22. For carrying into effect the acts for the suppression the slave trade. of the slave trade, including the support of recaptured Africans, and their removal to Africa, under authority of said acts, including an unexpended balance of former appropriations carried to the surplus fund, ten thousand five hundred and forty-three dollars and forty-two cents.

Articles brought

No. 23. For the transportarion, arrangement, and preservaby the exploring tion, of articles brought and to be brought by the exploring expeexpedition. dition, twenty thousand dollars, if so much be necessary.

Marine Corps.

Pay and subsist

ence.

Provisions.

Clothing.

Fuel.

Barracks.

Transportation.

Medicines, &c.

Military stores, &c.

MARINE CORPS.

No. 24. For pay of officers, non-commissioned officers, musicians, privates and servants, serving on shore, and subsistence of officers of the marine corps, one hundred eighty-three thouthousand three hundred and eighty-one dollars.

No. 25. For provisions for the non-commissioned officers, musicians, privates and servants and washerwomen, serving on shore, forty-five thousand fifty-four dollars and ninety-nine cents. No. 26. For clothing, forty-three thousand six hundred sixtytwo dollars and fifty cents.

No. 27. For fuel, sixteen thousand two hundred seventy-four dollars and twelve cents.

No. 28. For keeping barracks in repair, and for rent of temporary barracks at New York, six thousand dollars.

No. 29. For transportation of officers, non-commissioned officers, musicians and privates, and expenses of recruiting eight thousand dollars.

No. 30. For medicines, hospital supplies, surgical instru ments, pay of matron, and hospital stewards, four thousand one hundred and forty dollars.

No. 31. For military stores, pay of armorers, keeping arms in repair, accoutrements, ordnance stores, flags, drums, fifes and other instruments, two thousand eight hundred dollars.

Contingent ex

No. 32. For contingent expenses of said corps, viz.: For freight, ferriage, toll, wharfage, and cartage; for per diem allow- penses. ance for attending courts martial and courts of inquiry; compensation to judge advocates; house rent where there are no public quarters assigned; 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, and oil, straw, barrack furniture, bed sacks, spades, axes, shovels, picks, carpenters tools, and for keeping a horse for the messenger, seventeen thousand nine hundred and eighty dollars.

Approved, August 4th, 1842.

CHAP. 122.-AN ACT to provide for the armed occupation and settlement of the unsettled part of the peninsula of East Florida.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person, being the head of a family, or single man over eighteen years of age, able to bear arms, who has made or shall, within one year from and after the passage of this act, make an actual settlement within that part of Florida situate and being south of the line dividing townships numbers nine and ten south, and east of the base line, shall be entitled to one quarter section of said land, on the following conditions and stipulations:

Certain persons settling in part of

Florida entitled to

a quarter section of land, on the

following

condi

To obtain a permit describing the land.

Proviso exclud

First. That said settler shall obtain from the register of the land office, in the district in which he proposes to settle, a permit describing as particularly as may be practicable, the place where his or her settlement is intended to be made: Provided, ing residents who That no person who shall be a resident of Florida at the time own 160 acres of of the passage of this act, who shall be the owner of one hundred and sixty acres of land, at the time he proposes to settle, shall be entitled to a permit from the register.

land.

Five years' re

Second. That said settler shall reside in the Territory of Flo- sidence. rida, south of said township line, for five consecutive years, and to take his grant on any public land south of that township.

Third. That said settler shall erect thereon a house fit for the habitation of man, and shall clear, enclose, and cultivate at least five acres of said land, and reside thereon for the space of four years next following the first year after the date of his permit, if he or she shall so long live.

be

Erection of a

house, &c.

to be proved.

Fourth. That such settler shall, within one year after the Settlements, &c., survey of said lands, and the opening of the proper office for the entry and sale of the same by the United States, prove, fore such tribunal and in such manner and form as shall be prescribed by the Commissioner of the General Land Office, with the approval of the President, the fact that the settlement has been commenced, and the particular quarter section upon which it is located; and, also, that such settler shall, within six

In case of settle

more, the right to

priority, &c.

months after the expiration of five years from the date of his permit, prove, in like manner, the fact of continued residence and cultivation, as required in the second and third conditions herein above prescribed; whereupon, and not until then, a patent shall issue to said settler, for such quarter section.

SEC. 2. And be it further enacted, That in the case of the ment by two or settlement of the same quarter section by two or more settlers, be determined by the right to the location shall be determined by priority of settlement, to be ascertained under such rules as the Commissioner of the General Land Office, with the approval of the President, may prescribe; and the subsequent settler or settlers shall be permitted to locate the quantity he, she, or they may be entitled to elsewhere within the same township, upon vacant public lands.

Settlements not

miles of a perma

SEC. 3. And be it further enacted, That no right or donato be within two tion shall be acquired under this act within two miles of any nent military post. permanent military post of the United States, established and garrisoned at the time such settlement and residence was commenced.

Sales, &c., of

this act, made be

&c.

SEC. 4. And be it further enacted, That all sales, gifts, deland acquired by Vises, agreements, bonds, or powers to sell, transfers, or liens, fore the patents whatsoever, private or judicial, of the lands, or any portion have issued, void, thereof, acquired by this act, made at any time before patents shall have issued for the same, shall be utterly void and without effect, to every intent and purpose, whether in law or equity; and the purchaser or obligee, under any such sale, agreement, bond, or power to sell, transfer, or lien, shall not be entitled to recover back the price or consideration paid therefor, but shall forfeit the same absolutely to such settler or his heirs.

On death of a SEC. 5. And be it further enacted, That upon the death of settler, his rights descend to his wi- any settler before the end of the five years, or before the issuing dow and heirs at of the patent, all his rights under this act shall descend to his widow and heirs at law, if he leaves a widow, and to his heirs at law, if he leaves none, to be held and divided by them according to the laws of Florida, any previous sale or transfer of the same or of any interest, legal or equitable, in the same, to the contrary notwithstanding. And proof of his compliance with the conditions of this act, up to the time of his death, shall be sufficient to entitle them to the patent.

In case of settlement, before survey, on a sixteenth -section, other

SEC. 6. And be it further enacted, That where any settlement, by the erection of a dwelling, or the cultivation of any portion thereof, shall be made upon the sixteenth section, before school lands to be the same shall be surveyed, then and in that case other lands shall be selected by the school commissioners of the township, in lieu of said section sixteen, or such part thereof as may be claimed under this act.

selected.

SEC. 7. And be it further enacted, That not exceeding two Land for settle- hundred thousand acres of land shall be taken for settlement under this act.

ment limited to 200,000 acres.

President may suspend the settlement.

SEC. 8. And be it further enacted, That the President of the United States may, at any time, by proclamation, suspend

all further permits and settlements under this act, by giving three months' notice thereof.

to Congress.

SEC. 9. And be it further enacted, That the Commissioner Names of settlers, of the General Land Office shall, on or before the first day of &c., to be reported February, eighteen hundred and forty-four, report to Congress the names of every individual who shall have made the actual settlement required by the first section of this act, specifying the heads of families, and the single men, and the location of each quarter section occupied by each of said settlers.

Approved, August 4th, 1842.

CHAP. 123.-AN ACT to regulate appeals and writs of error from the district court of the United States for the northern district of Alabama.

To lie to U. [S.

"exceeds $2,000,

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all appeals and writs of error from the district Supreme Court court of the United States for the northern district of Alabama, when the amount at Huntsville, shall lie directly to the Supreme Court of the exclusive of costs. United States, when the amount in controversy exceeds the sum of two thousand dollars, exclusive of costs; and that so much of the act to abolish the circuit court at Huntsville, in the State of Alabama, and for other purposes, as requires all'appeals and writs of error to lie from said district court to the circuit court at Mobile, without regard to the amount in controversy, be repealed. Approved, August 4th, 1842.

CHAP. 124.-AN ACT explanatory of an act entitled, "An act for the relief of Clark Woodrooff," passed May tenth, eighteen hundred and forty-two.

paid for lands, to

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is Balance of amount hereby, authorized to refund the balance of the amount paid for whom to be relands purchased from the United States, at the land office of funded. the St. Helena district, in the State of Louisiana, on the tenth and twenty-third days of February, of the year eighteen hundred and thirty-seven, in the name of Clark Woodrooff, either to said Woodrooff, or to any other person or persons jointly interested with him in said purchase, or to his or their heirs, assigns, or legal representatives, on his or their complying with the conditions of said act.

Approved, August 4th, 1842.

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