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natel as pay. masters.

perintending the

fortification, &c.

vice of Cadels in

bounty now provided by law for

every two regiments of militia or volunteers: And provided 1838. also, That the persons so appointed shall continue in service Proviso. only so long as their services are required to pay militia and volunteers.

Sec. 26. And be it further enacted, That the compensation Compensation hereafter to be allowed to such ordnance storekeepers as shall keepersedesig be designated as paymasters, shall not exceed the pay and makes emoluments of a captain of ordnance.

Sec. 27. And be it further enacted, That it shall be the Engineers suduty of the engineer superintending the construction of a forti- construction of a fication, or engaged about the execution of any other public to discurso ine work, to disburse the moneys applicable to the same; and as a moneys. compensation therefor, may be allowed by the Secretary of Compensation War at the rate of two dollars per diem, during the continuance of such disbursements: Provided, That the whole amount of Proviso. emolument shall not exceed one per cent, on the sum disbursed.

Sec. 28. And be it further enacted That the term for which time of ser. cadets hereafter admitted into the Military Academy at West Creased to eight Point shall engage to serve, be and the same is hereby increased years. to eight years, unless sooner discharged.

Sec. 29. And be it further enacted, That in lieu of the Three months bounty now provided by law for re-enlistment, every able-bodied in lieu of the non-commissioned officer musician or private soldier, who may bide on re-enlist into his company or regiment within two months be- re-enlisiment. fore or one month after the expiration of his term of service, shall receive three months extra pay; and also any non-commissioned officer or soldier who shall have served ten consecu*tive years, and shall obtain from the commanding officer of his company, battalion or regiment, a certificate that he had faithfully performed his duty whilst in service, shall be allowed one hundred and sixty acres of land, to be designated, surveyed, 160 acres ofland

granted for len and laid off at the public expense, in such manner and upon consecutivo such conditions as may be provided by law, which land shall" be patented to the soldier or his heirs and be not assignable until patented.

Sec. 30. And be it further enacted, That so much of the So much of acts eleventh section of the act of the sixteenth March eighteen and 12 April 1808 hundred and two, and so much of the fifth section of the act as fix the height of the twelfth of April eighteen hundred and eight, as fix the repealed. height of enlisted men, at five feet six inches, be and the same are hereby repealed.

Sec. 31. And be it further enacted, That the officers of the Officers not to army shall not be separated from their regiments and corps for their regiment to employment on civil works of internal improvement or be ensino in inima allowed to engage in the service of incorporated companies, service of incor

porated compa and no officer of the line of the army shall hereafter be em- nies, &c. ployed as acting paymaster, or disbursing agent for the Indian department, if such extra employment require that he be separated from his regiment or company, or otherwise interfere with the performance of the military duties proper : Provided, Proviso. That where officers of the army are now employed on civil works or in the Indian or pay departments as contemplated in

years' service

16th March 1802

be separated from


1838. this section, they may be continued therein not exceeding one

year, unless the convenience of the service will admit of their

withdrawal sooner. Pay, &c. of the Sec. 32. And be it further enacted, That the superintendents of bee mennents, of the armories at Springfield and Harpers Ferry shall hereSpringfield and after receive each the sum of fifteen hundred dollars, and ra. and of the master tions, fuel, and quarters, as at present authorized ; and that the

master armorers of the same shall each receive the sum of twelve hundred dollars, and fuel, and quarters, as at present authorized; and that the aforesaid sums and allowances to the officers aforesaid shall be in full compensation for their services

respectively. Seven addition. Sec. 33. And be it further enacted, That the President be, appointed by the and he is hereby authorized, by and with the advice and contheir pay and sent of the Senate, to appoint seven additional surgeons; and

that the officers whose appointment is authorized in this section, shall receive the pay and allowances of officers of the same grades respectively.

Approved, July 5th, 1838.

Seven addition. al surgeons to be


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Eleam engines without boilers for

CHAP. 163. An ACT supplementary to the act entitled “ An act authorizing the

appointment of persons to test the usefulness of inventions to improve and render safe the boilers of steam engines against explosions," approved twenty-eighth day of

June, eighteen hundred and thirty-eight. Inventions of [Sec. 1.] Be it enacted, by the Senate and House of Repre

hersentatives of the United States of America in Congress aspropolling boals; sembled, That nothing in the act to which this additional shall ed from the con- be construed to exclude from the consideration and examination sideration, &c. to be made under of the commissioners, any plan of a steam engine, for propel28, 1838. ling boats constructed without a boiler.

Approved, July 7th, 1838.

hassee to lola.

CHAP. 184. An ACT making appropriations for certain roads in the Territory of

Florida (Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums of money be, and the same are hereby, appropriated, for repairing and opening cer

tain roads in the Territory of Florida, viz : From Talla- For opening and constructing a road from Tallahassee to

Iola, on the river Appalachicola, the sum of ten thousand dollars. From St. An. For repairing the road, and reconstructing the bridges and pustine w Pico- causeways thereon, from St. Augustine to Picolata, seventeen

thousand three hundred dollars. From Jackson. For repairing the road from Jacksonville, by the Mineral

Talla- Springs, to Tallahassee, the sum of ten thousand dollars : the To be expend- said sums to be expended under the direction of the Secretary tion of the Sociy. of War, out of any money in the Treasury not otherwise appropriated.

Approved, July 7th, 1838.



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Aner the State

30th, 1831, the President is au

CHAP. 165. An ACT to authorize the sale of certain public lands of the United 1838.,

States near the Wabash and Erie canal, in the State of Ohio. [Sec. 1.) Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That after the State of Ohio shall have completed the selection of lands authorized by an act entitled “An act author-of Ohioghali

have completed izing the selection of certain Wabash and Erie canal lands, in the selection of

lands authorized the State of Ohio, approved June thirty, eighteen hundred and by ace of Juno thirty-four, the President of the United States shall be, and he hereby is, authorized to proclaim for public sale the residue of thorized to pro the lands reserved from sale by said act; which sale shall be sale the residue

of the lands rem governed by the same rules and regulations, impose the same served by that duties, and give the same rights, which are provided by the ex- aci, &c. isting laws in relation to other sales of the public lands by proclamation of the President: Provided, however, That no lands Proviso. shall be sold at such sale for a less price than two dollars and fifty cents per acre.

Sec. 2. And be it further enacted, That after the expira- After the expltion of the time fixed in the proclamation of the President for a the sale authorized in the first section of this act, any lands sale, any lands which may then remain unsold shall be subject to sale at private shall be subject

to private entry, entry, at the price of two dollars and fifty cents per acre, and &c." not less ; and no lands hereby authorized to be sold shall be Not subject to subject to entry under any pre-emption law of Congress.

* Approved, July 7th, 1838.

ration of the time fixed for said

remaining unsold

entry under pre emption laws.

soldiers of the

lowed until 10th

CHAP. 166. An ACT to extend the time for locating Virginia military land war

rants, and returning surveys thereon to the General Land Office. [Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the officers and soldiers of the Virginia line on Officers and continental establishment, their heirs or assigns, entitled to vallino bounty lands within the tract reserved by Virginia, between the tinental, estab Little Miami and Scioto rivers, northwest of the river Ohio, for heirs or assigns,

entitled to satisfying the legal bounties to her officers and soldiers upon bounty lands, al. continental establishment, shall be allowed until the tenth day Aucus 1810. um of August, in the year one thousand eight hundred and forty, complete their to complete their locations and surveys, and return their surveys turn their war

rants, &c. and warrants, or certified copies thereof, to the General Land“ Office ; and all entries and surveys which may have heretofore All entries and

surveys hereto been made within the said reservation, in satisfaction of any fore made in sasuch warrants, on lands not previously entered or surveyed, or warrants. Woman on lands not prohibited from entry and survey, shall be held to be good and valid, any omission heretofore to extend the time &c., shall be for the making of such entries and surveys to the contrary notwithstanding : Provided, That no locations as aforesaid, within Proviso. the abovementioned tract, shall, after the passage of this act, be made on tracts of land which may have been previously patented, or which may have been surveyed in satisfaction of warrants granted for the legal bounties of said officers and

tisfaction of said

lands not previously entered,

od, &c.


issue for a greater :

soldier, to whom

under the laws of Virginia and

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1838. soldiers : And provided, also, That no locations as aforesaid

shall be made on any lands lying upon the west side of Ludlow's line; and any patent which may nevertheless be obtained for land located contrary to the provisions of this act, shall be

held and considered as null and void. No patent shall Sec. 2. And be it further enacted, That no patent shall be

nlily of land issued by virtue of the preceding section, for a greater quantity wam me rank of of land than the rank or term of service of the officer or soldier of the officer or to whom, or to whose heirs or assigns, such warrant has been said warrant is-granted, would have entitled him to under the laws of Virginia entitled him ro and of the United States regulating the issuing of such war

lana rants; and whenever it appears to the Secretary of War that the U. Ši regulat; the survey made by any of the aforesaid warrants is for a such warranis, greater quantity of land than the officer or soldier is entitled to

for his services, the Secretary of War shall certify, on each survey the amount of such surplus quantity, and the officer or soldier, his heirs or assigns, shall have leave to withdraw his survey from the office of the Secretary of War, and resurvey his location, excluding such surplus quantity, in one body, from any part of his resurvey, and a patent shall issue upon such resurvey as in other cases : Provided, however, That no patent shall be obtained on any warrant under this act, unless there be produced to the Secretary of War satisfactory evidence that such warrant was granted for services which, by the laws of Virginia passed prior to the cession of the Northwestern Territory, would have entitled such officer or soldier, his heirs or assigns, to bounty lands; and, also, a certificate of the register of the land office of Virginia, that no other warrant has issued from the said land office for the same services.

Approved, July 7th, 1838.


Public Building

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proved by President

CHAP. 167. An ACT for the erection of a court-house in Alexandria, in the

District of Columbia. [Sec. 1.) Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress asThe Comt. of sembled, That the Commissioner of the Public Buildings in the

s city of Washington be, and he is hereby, authorized and dihouse to be erect. rected to cause to be erected in the town of Alexandria, in the plan to be ap- District of Columbia, a court-house, to contain all the offices

w® and accomodations necessary for the court, clerk, marshal, and

jurors of the county of Alexandria, and for the accommodation of the orphans' court for the said county of Alexandria ; the plan of which building shall be submitted to and approved by

the President of the United States before the commencement Or, if the Prese, and operation thereon; or, if the President of the United States deemi. more deems it more conducive to the public interest, he is hereby public interest, authorized to purchase the building owned by the late Bank the building own- of Alexandria, and convert it into a court-house and offices for "Alexande the county of Alexandria. And there is hereby appropriated,

for the purpose of erecting said court-house, the sum of not

he may purchase

ed by the late Bank of Alexa., aa

exceeding fifteen thousand dollars ; to be paid out of any 1838. moneys in the Treasury not otherwise appropriated : Provided, $13,000 That no greater sum than is appropriated by this act shall be priated; expended in the erection of said court-house or the purchase of the building aforesaid.

Approved, July 7th, 1838.

Behe United States wer of the Territative Council, pentru

The Legislativa

vested in the Go

lative Council.

cribed and the cost Theses

Council to consist


how to be chosen.


The Senate to

members, how to

CHAP. 168. An ACT to reorganize the Legislative Council of Florida and for

other purposes. [Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the legislative power of the Territory of Florida The Le shall be vested in the Governor and the Legislative Council. power of Florida The Legislative Council shall consist of two houses, to be called vernor and Legisthe Senate and House of Representatives. The House of Representatives shall be organized and the members thereof shall be chosen as is now prescribed by law for the present Legisla- Legislative tive Council; and in addition to the present number, there shall of the Senateraud be one member chosen for the county of Calhoun, one for the House of Reps. the county of Dade, and an additional member for the county the House of Re of Duval. The Senate shall consist of eleven members, to be Members of, chosen as follows: three shall be chosen from the western judi- "Additional cial district, including the county of Franklin, by general ticket me of the qualified voters of the counties of said district, including consist of cleven the said county of Franklin ; four from the middle judicial dis, be chosen, &c. trict, east of the Apalachicola river, to be chosen also by general ticket of the qualified voters of the counties of said district, so limited as aforesaid ; three from the eastern judicial district, to be chosen also by general ticket of the qualified voters of the counties of said district ; and one from the southern judicial district, to be chosen also by general ticket of the qualified voters of the counties for said district. Said Senators shall be Senators electelected for the term of two years.

Sec. 2. And be it further enacted, That the members of Members of tho said Legislative Council shall receive each four dollars per Council 10 rediem during the session thereof, and four dollars for every each, twenty miles' travel to and from the seat of Government ; the session, and. $ distance to be computed by the most direct route from the miles' travel. member's place of residence to the place where the session is held.

Sec. 3. And be it further enacted, That the said Senators The Senr's. shall shall be elected in October next at the same time, in the same beste manner, and by the same qualified voters as is now prescribed ner, de prescribby law for the election of members of the present Legislative tion of the memCouncil, and biennially thereafter, in the manner that may be sent Legislative prescribed by the said Legislative Council; and the returns of ennially there the election of said Senators shall be made by the marshals of' after as may be each of said districts to the Governor, in such manner as shall Legislativo be prescribed by the Governor.

ed for two years.


ceive 84 a day,

for every twenty

be elected in Oct. next, in the man

ed for the elec

bers of the pre.

Council; and bi.

Council, &o.

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