1838.

No suit, &c. in

Bank of the U.S.

abate, &c. by rea

ration of the two

charter.

CHAP. 14. An ACT to prevent the abatement of suits and actions now pending, in which the late Bank of the United States may be a party.

[SEC. 1.] Be it enacted, by the Senate and House of Reprewhich the late sentatives of the United States of America in Congress asis a party shall sembled, That no suit, action, judgment or decree, now pendson of the expi-ing and unsatisfied, in which the late Bank of the United years after the States is a party, plaintiff or defendant, shall abate, or be disexpiration of the continued or dismissed, by reason of the expiration of the two years after the expiration of the charter, limited by the twenty-first section of the act of incorporation of the said bank, for the use of the corporate name style and capacity of said bank, for the purpose of suits for the final settlement and liquidation of the affairs and accounts of the corporation; but all such suits, actions, judgments and decrees, shall be allowed to proceed to final judgment, execution, satisfaction and settlement, as if the said two years had not expired.

Approved, March 2nd, 1838.

Spring term of the Circuit Court

18th May, and

in each year.

CHAP. 15. An ACT to change the time of holding the terms of the circuit court of the United States for the eastern district of Virginia, and of the district court of the United States for the eastern district of Virginia, directed by law to be held in the city of Richmond.

[SEC. 1.] Be it enacted by the Senate and House of Repreto commence on sentatives of the United States of America in Congress asthe fall term on sembled, That, hereafter, the spring term of the circuit court 18th November, of the United States for the eastern district of Virginia shall commence on the eighteenth day of May, and the fall term on the eighteenth of November, in each year, instead of the twentysecond of May and the twenty-second of November, as is now provided by law.

Terms of Dist. Court to

mence on 12th

November in

each year.

SEC. 2. And be it further enacted, That the terms of the com-district court of the United States for the eastern district of May and 12th Virginia, which are now directed by law to commence on the fifteenth day of May and the fifteenth of November, in each year, shall hereafter commence on the twelfth day of May and the twelfth day of November, in each year: Provided, nevertheless, That, whenever the day on which the terms of either of the said circuit or district court, as herein provided for, shall happen to be Sunday, then the term of said court shall commence on the following day.

Proviso.

All proceedings,

&c. to be deemed

SEC. 3. And be it further enacted, That all proceedings and returnable on the process depending in or issuing out of either of the said courts, fore prescribed which are or may be made returnable to any other time apfor holding said pointed for holding the same than that above specified, shall be

days hereinbe

Courts.

deemed legally returnable on the days hereinbefore prescribed, and not otherwise. And all suits and other proceedings in either of the said courts which stand continued to any other time than that above specified, shall be deemed continued to the time prescribed by this act, and no other.

Approved, March 2nd, 1838.

CHAP. 16. An ACT to amend and extend the charter of the Franklin Insurance 1838. Company.

[SEC. 1.] Be it enucted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the president and directors of said company be President and authorized to invest the surplus funds of said company in such directors author funds and securities as may to them from time to time appear da, &c. expedient.

the surplus

invest

directors autho

SEC. 2. And be it further enacted, That the president and President and directors of said company may take deeds of trust or mortgages rized to take of real property, of an appraised value, of at least double the deeds of trust or amount to be secured, in lieu of the endorsed notes required to be given by the stockholders for the unpaid part of the capital stock.

mortgages, &c.

9th April, 1818,

ed, continued for

April next.

Proviso.

SEC. 3. And be it further enacted, That the act entitled "An Act of incorpoact to incorporate a Fire Insurance Company in the city of Wash-ration, approved ington" approved on the ninth day of April, eighteen hundred as hereby amend and eighteen, as hereby amended, shall continue in force for and 20 years from 9th during the term of twenty years from and after the ninth day of April next: Provided always, that Congress may, at any time during the said term that it shall see fit, amend or repeal the same. And provided further, That the holders of a ma- Further proviso. jority of the stock in the said company shall sign a paper signifying their acceptance of this supplementary act, and have the same recorded in the office of the clerk of the circuit court of the district of Columbia, before the first day of July next. Approved, March 2d, 1838.

CHAP. 17. An ACT for the relief of Albion T. Crow.

$315 for a stable

[SEC. 1.] Be it enacted by the Senate und House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury pay to Albion T. Sec. Treas. to Crow, out of any money not otherwise appropriated, three pay. A. T. Crow hundred and fifteen dollars twenty cents, the value of a stable burnt while ococcupied by the mounted Illinois volunteers while in the mili- in service U. S. tary service of the United States, in July, eighteen hundred and thirty-two, by order of Colonel Strode, and accidentally burnt while in said occupation, and in consequence thereof.

Approved, March 2d, 1838.

cupied by troops

CHAP. 18. An ACT for the relief of Robert Dickey, of New York. [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 is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Robert Dickey, of New York, the amount of the debenture on fifty casks of claret wine, exported

1838.

omission to sign

from the port of New York on board the brig Generous Friends, quence of an Gardner, master, to Cuba, in February, eighteen hundred and the export bond seven, for which a certificate was not issued, in consequence of within the time an omission to sign the export bond within ten days, as prescribed by the then existing law: Provided, That the Secretary of the Treasury shall be satisfied that the other provisions of the debenture law have been complied with.

required by law. Proviso.

Approved, March 2d, 1838.

paid for a patent

CHAP. 19. An ACT for the relief of Joseph Hall.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asSec. Treas. to sembled, That the Secretary of the Treasury pay to Joseph pay J. Hall 830 Hall, out of any money in the Treasury not otherwise appronot taken out. priated, thirty dollars, that sum having been paid into the Treasury by the said Joseph Hall, for a patent for a water-wheel, which on examination was found to have been patented to others, and not taken out by him.

Approved, March 2d, 1838.

pay B. Mooers

taken by the

CHAP. 20. An ACT for the relief of Benjamin Mooers.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

Sec. Treas. to sembled, That the Secretary of the Treasury pay to Benjamin $61 for hay, &c., Mooers, out of any money not otherwise appropriated, sixty-one troons in 1813. dollars, for hay, corn, potatoes, and rails, necessarily taken by the troops in eighteen hundred and thirteen; and for buckwheat necessarily destroyed by encamping on the ground of the said Mooers. Approved, March 7th, 1838.

E. Horton

CHAP. 21. An ACT for the relief of Eli Horton.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asSec. Treas. to sembled, That the Secretary of the Treasury pay to Eli Horton, out of any money in the Treasury not otherwise appropriated, thirty dollars, being the amount he paid into the Treasury for a patent which he has not taken out and abandons his intention to do so. Approved, March 7th, 1838.

$30 paid for a patent not taken out.

CHAP. 22. An ACT for the relief of John M. Oliver.

[SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he hereby

1838.

credit on the

is, authorized and required to cause a credit to be given to John M. Oliver, on the books of the Treasury, for the sum of nine Sec. Treas, to hundred and ninety-one dollars and thirty-nine cents, in satis- give J. M. Oliver faction of that amount now to his debit on the said books, for an books of the alleged deficiency of work done and executed by the said John $991.39 in satisM. Oliver on a section of the Cumberland road.

Treasury for

faction for that

sum now to his

books.

Treasury to dis

SEC. 2. And be it further enacted, That the Solicitor of the debit on said Treasury be, and he is hereby, instructed to discontinue the suit Solicitor of the instituted and now depending against the aforesaid John M. continue the suit Oliver, to recover from him the aforesaid sum of nine hundred cover said sum. and ninety-one dollars and thirty-nine cents.

Approved, March 7th, 1838.

instituted to re

CHAP. 23. An ACT for the relief of Frances Gardiner.

property of the

ner was in the

tion of the U. S.

[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 War ascertain what property Sec. War. to of the late Captain Gardiner was in the military occupation of ascertain what the United States at Fort Brook, and destroyed in consequence late Capt. Gardiof such occupation, and its value; also, if not destroyed, the military occupa damage the same sustained; also, what was destroyed by order at Ft. Brook, &c. of an officer, for military purposes, and its value; also, what was detained by order of an officer, and prohibited from being removed, and was destroyed in consequence thereof, and its value; and the respective sums so found due shall be paid out The sums of any money in the Treasury not otherwise appropriated, to paid. Frances Gardiner. Approved, March 7th, 1838.

found due to br

CHAP. 24. An ACT for the relief of Thomas J. Lawler and Smith M. Miles.

pay T. J. Lawler

confined

April 1818 and 3

for maintaining

[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 pay to Thomas J. Sec. Treas. to Lawler, out of any money in the Treasury not otherwise ap- $491.73 for mainpropriated, four hundred and ninety-one dollars and seventy-taining four ne three cents, for maintaining four negroes from the fourteenth under acts of 20 of April, eighteen hundred and thirty-three, to March eighteenth March 1819; and eighteen hundred and thirty-four, which were delivered to him M.Lee,turned out and kept in confinement under the acts of April twentieth, of prison by its eighteen hundred and eighteen, and March third, eighteen hun- on account of the dred and nineteen, prohibiting the slave trade; and for maintaining Martin Lee one hundred and two days, under a charge of robbing the mail, who was turned out of the prison in the western district of Louisiana, from its being abandoned on account of the cholera.

"being abandoned

cholera.

$91.50 for medi

SEC. 2. And be it further enacted, That the Secretary of Sec. Treas. to the Treasury pay to Smith M. Miles, out of any money in the pay S. M. Miles Treasury not otherwise appropriated, ninety-one dollars and cal attendance, fifty cents, for attending on the negroes mentioned in the pre- gres

&c., on said ne

1838.

ceding section, as a physician, during their sickness, when so confined, and furnishing them medicine.

Approved, March 7th, 1838.

non 886 for a horse furnished L. Summer, a

CHAP. 25. An ACT for the relief of Presley N. O'Bannon.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asSec. Treas to sembled, That the Secretary of the Treasury pay, out of any pay P. N. O'Ban unappropriated money, to Presley N. O'Bannon, eighty-six dollars, the value of a horse furnished by him to Landy Summer, a mounted Ken. mounted Kentucky volunteer under the command of Governor Shelby, in the year eighteen hundred and thirteen, in the expedition into Canada, which horse died or was lost by reason of his rider, being dismounted and separated from said horse. Approved, March 7th, 1838.

tucky volunteer, which horse was lost.

pay A. R. Moore

CHAP. 26. An ACT for the relief of Allen R. Moore.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asSec. Treas. to sembled, That the Secretary of the Treasury pay, out of any 828 for the use of unappropriated money, to Allen R. Moore, twenty-eight dollars, his store by the in full for the use of his store in the village of Champlain, in the State of New York, by the troops of the United States, as barracks, in March, one thousand eight hundred and fourteen and for damage done to said store during such occupancy. Approved, March 7th, 1838.

U. S. troops in 1814.

$30 for certain

red by him while

CHAP. 27. An ACT for the relief of Edward Burgess.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asSec. Treas. to sembled, That the Secretary of the Treasury pay to Edward pay E. Burgess Burgess, out of any money not otherwise appropriated, thirty expenses incur dollars, for expenses incurred and paid by him as a captain of a Captain of Mi-a company of New York militia in the service of the United States during the late war, for quarters, fuel, and maintaining the teamster and team employed in transporting the baggage of said company, when on the march from Marcellus to Smith's mills, a distance of one hundred and forty miles.

litia in the U. S. service.

Approved, March 7th, 1838.

CHAP. 28. An ACT for the relief of Abraham Lansing.

[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 Navy be authorized to ex