الے 1838. every two regiments of militia or volunteers: And provided of ordnance store masters. as pay. construction of a fortification, &c. SEC. 26. And be it further enacted, That the compensation Compensation hereafter to be allowed to such ordnance storekeepers as shall keepers desigbe designated as paymasters, shall not exceed the and nated pay 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-perintending tha fication, or engaged about the execution of any other public for disburse the work, to disburse the moneys applicable to the same; and as a moneys. compensation therefor, may be allowed by the Secretary of 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. to Compensation therefor. vice of Cadets in SEC. 28. And be it further enacted That the term for which Time of sercadets 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. bounty now pro SEC. 29. And be it further enacted, That in lieu of the Three months extra pay given bounty now provided by law for re-enlistment, every able-bodied in lieu of the non-commissioned officer musician or private soldier, who may vided by law for re-enlist into his company or regiment within two months be- re-enlistment. 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 of land and laid off at the public expense, in such manner and upon consecutive 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. granted for ten years' service. 16th March 1802 of enlisted men, 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. be separated from works; or in the porated compa 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 engage in civil allowed to engage in the service of incorporated companies, service of incorand 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 1838. Pay, &c. of the of the armories at this section, they may be continued therein not exceeding one year, unless the convenience of the service will admit of their withdrawal sooner. SEC. 32. And be it further enacted, That the superintendents superintendents of the armories at Springfield and Harpers Ferry shall hereSpringfield and after receive each the sum of fifteen hundred dollars, and raHarper's Ferry; and of the master tions, fuel, and quarters, as at present authorized; and that the armorers. 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 al surgeons to be President, &c. 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. emoluments. Inventions of 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. [SEC. 1.] Be it enacted, by the Senate and House of RepreSteam engines sentatives of the United States of America in Congress aspropelling boats; sembled, That nothing in the act to which this additional shall be construed to exclude from the consideration and examination be made under of the commissioners, any plan of a steam engine, for propelling boats constructed without a boiler. not to be excluded from the consideration, &c. to act June 28, 1838. Approved, July 7th, 1838. Talla From hassee to Iola. From St. An. gustine to Picolata. From Jackson hassee. CHAP. 164. An ACT making appropriations for certain roads in the Territory of [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives 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 certain roads in the Territory of Florida, viz: For opening and constructing a road from Tallahassee to Iola, on the river Appalachicola, the sum of ten thousand dollars. For repairing the road, and reconstructing the bridges and causeways thereon, from St. Augustine to Picolata, seventeen thousand three hundred dollars. For repairing the road from Jacksonville, by the Mineral ville to 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 Secty. of War, out of any money in the Treasury not otherwise apApproved, July 7th, 1838. ed under direc War. 4 propriated. CHAP. 165. An ACT to authorize the sale of certain public lands of the United 1838. shall lands authorized President is au [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 After the State selection of lands authorized by an act entitled "An act author- of Ohio have completed izing the selection of certain Wabash and Erie canal lands, in the selection of the State of Ohio, approved June thirty, eighteen hundred and by act of June thirty-four, the President of the United States shall be, and he 30th, 1634, the hereby is, authorized to proclaim for public sale the residue of thorized to proclaim for public the lands reserved from sale by said act; which sale shall be sale the residue 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- act, &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. of the lands re fixed for said remaining unsold 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 ration of the time 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 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 subject to entry under any pre-emption law of Congress. Approved, July 7th, 1838. to private entry, Not subject to entry under preemption laws. CHAP. 166. An ACT to extend the time for locating Virginia military land warrants, and returning surveys thereon to the General Land Office. surveys and soldiers of the estab lishment, their entitled to lowed until 10th their turn their war rants, &c. [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 continental establishment, their heirs or assigns, entitled to Valine on conbounty lands within the tract reserved by Virginia, between the tinental Little Miami and Scioto rivers, northwest of the river Ohio, for heirs or assigns, satisfying the legal bounties to her officers and soldiers upon bounty lands, alcontinental establishment, shall be allowed until the tenth day August 1840, to of August, in the year one thousand eight hundred and forty, complete locations, and reto complete their locations and surveys, and return their and warrants, or certified copies thereof, to the General Land Office; and all entries and surveys which may have heretofore All entries and been made within the said reservation, in satisfaction of any fore made in sasuch warrants, on lands not previously entered or surveyed, or warrants, on on lands not prohibited from entry and survey, shall be held to viously entered, be good and valid, any omission heretofore to extend the time &c., shall 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 surveys hereto tisfaction of said lands not prebe good, &c. 1838. Proviso. No patent shall quantity of land term of service ing the issuing of such &c. 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. SEC. 2. And be it further enacted, That no patent shall be issue for a greater issued by virtue of the preceding section, for a greater quantity, than the rank or 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 soldier, to whom said warrant is granted, would have entitled him to under the laws of Virginia sued, would have entitled him to and of the United States regulating the issuing of such warunder the laws of Virginia and rants; and whenever it appears to the Secretary of War that the U. S. regulat the survey made by any of the aforesaid warrants is for a warrants, 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. Proviso. Approved, July 7th, 1838. to cause a court proved by the President CHAP. 167. An ACT for the erection of a court-house in Alexandria, in the [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asThe Comr. of sembled, That the Commissioner of the Public Buildings in the Public Buildings 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 ed in Alexa., the ap- District of Columbia, a court-house, to contain all the offices 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 and operation thereon; or, if the President of the United States deem it more deems it more conducive to the public interest, he is hereby public interest, authorized to purchase the building owned by the late Bank he may purchase the building own of Alexandria, and convert it into a court-house and offices for Bank of Alexa., the county of Alexandria. And there is hereby appropriated, for the purpose of erecting said court-house, the sum of not Or, if the Prest. conducive to the ed by the late &c. exceeding fifteen thousand dollars; to be paid out of any 1838. moneys in the Treasury not otherwise appropriated: Provided, $15,000 appro 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. Proviso. Approved, July 7th, 1838. CHAP. 168. An ACT to reorganize the Legislative Council of Florida and for other purposes. vested in the Go lative Council. Council to consist Organization of presentatives. of, [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 Legislative 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 Legis the 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 Senate and 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 chosen as follows: three shall be chosen from the western judi- "Additional cial district, including the county of Franklin, by general ticket members of the qualified voters of the counties of said district, including consist of eleven 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 elected for two years. elected for the term of two years. how to be chosen. The Senate to members, how to Legislative ceive $4 a day, SEC. 2. And be it further enacted, That the members of Members of the said Legislative Council shall receive each four dollars per Council to rediem during the session thereof, and four dollars for every each, during the twenty miles' travel to and from the seat of Government; the session, and $t 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. for every twenty be elected in Oct. ed for the elec bers of the pre 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 next, in the manmanner, and by the same qualified voters as is now prescribed ner, &c. prescrib by 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 Council; and bithe 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 Legislative be prescribed by the Governor. ennially there prescribed by the Council, &c. |