1838.

CHAP. 89. An ACT granting a pension to David Gilmore. [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 place the name of David Sec. War to Gilmore on the roll of Revolutionary pensioners, and pay him put P.Gilmore's a pension at the rate of twenty dollars a year, from the fourth Revy. Pension day of March, eighteen hundred and thirty-one, during his saa year, durlife. Approved, May 31st, 1838.

name on the

roll, and pay him

ing life.

CHAP. 90. An ACT authorizing the commissioner of the Patent Office to issue patents to Angier March Perkins and to John Howard Kyan.

of the Patent Of

months, to issue

Perkins, and J.

tain inventions

for which they

took out letters

patent in Eng. land, notwithstanding the

than six months

cation of said le

[SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the Patent Office be, and Commissioner he is hereby, authorized. on application at any time within six fice, on applica months from the passage of this act, to issue a patent to Angier tion, within sixMarch Perkins, for his invention of an improved method of patents to A. M. warming buildings and heating and evaporating fluids, for H. Kyan, for cer which said Perkins took out letters patent in England, on the thirtieth day of July, one thousand eight hundred and thirtyone; and also to John Howard Kyan, for his invention of an improved method of preserving vegetable substances from de- lase of more cay, for which letters patent were granted in England to said since the publi Kyan, on the thirty-first day of March, one thousand eight tera patent, &c. hundred and thirty-two, notwithstanding the lapse of more than six months from the publication of the aforesaid letters patent respectively; the said Commissioner being governed, in all other respects, in considering such applications and issuing said patents, by the provisions of the existing general laws relating to granting and issuing patents for new inventions and discoveries; and the said patents so granted shall confer the same rights and privileges as are conferred by patents granted under the general law aforesaid, and no other, excepting as herein mentioned: Provided, however, That the said patents Previso. shall be limited respectively to the term of fourteen years from the time of the publication of said original letters patent: And provided, also, That the same shall not be construed to deprive Further proviany person of the right to use, or vend to others to be used, the mechanism or apparatus invented and employed in the practice or use of the said improved methods respectively, which may have been made, constructed or purchased for the purpose or purposes aforesaid, prior to the passage of this act.

Approved, May 31st, 1838.

1838.

Charters of

Farmers and Me

Bank of the Me

CHAP. 91. An ACT to continue the corporate existence of the Banks in the
District of Columbia.

[SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the charters of the Farmers and Mechanic's chanic's Bank, Bank of Georgetown, the Bank of the Metropolis, Patriotic tropolis, Patriotic Bank of Washington, and Bank of Washington, in the city of Bank, Bank of Washington, and the Farmer's Bank of Alexandria, and Bank Farmer's Bank, of Potomac, in the town of Alexandria, be, and the same are tomac, extended hereby, extended to the fourth day of July, in the year eightProviso. een hundred and forty: Provided, The said banks, each for itself, shall conform to the following conditions:

Washington,

and Bank of Po

to 4th July 1840.

First. To cease receiving or paying out all paper currency of less denomination than five dollars, on or before the day of the promulgation of this act.

Second. To redeem all their notes of the denomination of five dollars in gold or silver, from and after the first day of August, in the present year.

Third. To resume specie payments in full, on or before the first day of January, in the year one thousand eight hundred and thirty-nine, or sooner, if the principal banks of Baltimore and Richmond should sooner resume specie payments in full. Approved, May 31st, 1838.

Pay of officers and seamen.

Pay of superin

CHAP. 92. An ACT making appropriation for the naval service for the year one thousand eight hundred and thirty-eight.

[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 be appropriated, in addition to the unexpended balances of former appropriations, out of any unappropriated money in the Treasury, for the naval service, for the year eighteen hundred thirty-eight, viz:

For the pay of commissioned, warrant, and petty officers, and of seamen, one million three hundred and twelve thousand dollars;

For pay of superintendents, naval constructors, and all the tendents, &c. at civil establishments at the several yards, sixty-nine thousand seven hundred and seventy dollars;

yards.

Provisions.
Repairs, &c.

Medicines, &c.

Portsmouth mavy yard.

Charlestown navy yard.

For provisions, six hundred thousand dollars;

For repairs of vessels in ordinary, and the repairs and wear and tear of vessels in commission, one million two hundred thousand dollars;

For medicines and surgical instruments, hospital stores, and other expenses on account of the sick, seventy-five thousand dollars;

For improvement and necessary repairs of the navy yard at
Portsmouth, New Hampshire, twenty thousand dollars;
For improvement and necessary repairs of the navy yard at
Charlestown, Massachusetts, seventy-four thousand dollars;

For improvement and necessary repairs of the navy yard Brooklyn, New York, sixty-one thousand dollars;

1838.

Brooklyn navy

Philadelphia

For improvement and necessary repairs of the navy yard at yaphi Philadelphia, Pennsylvania, twenty-one thousand five hundred; navy yard. For improvement and necessary repairs of the navy yard at Washington Washington, thirty-thousand dollars;

navy yard.

For improvement and necessary repairs of the navy yard at Gosport navy Gosport, Virginia, seventy-seven thousand five hundred dol-yard. lars;

For improvement and necessary repairs of the navy yard near Pensacola, seventy-six thousand five hundred dollars; For ordnance and ordnance stores, sixty-five thousand dollars;

For defraying the expenses that may accrue for the following purposes, viz: for the freight and transportation of materials and stores of every description; for wharfage and dockage; storage and rent; travelling expenses of officers and transportation of seamen; house rent for pursers when attached to yards and stations where no house is provided; for funeral expenses; for commissions, clerk hire, office rent, stationary, and fuel to navy agents; for premiums and incidental expenses of recruitings; for apprehending deserters; for compensation to judge advocates; for per diem allowance to persons attending courts martial and courts of inquiry; for printing and stationary of every description, and for working the lithographic press; for books, maps, charts, mathematical and nautical instruments, chronometers, models, and drawings; for the purchase and repair of fire engines and machinery, and for the repair of steam engines; 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 cabin furniture of vessels in commission; 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 repairs of magazines or powder-houses; for preparing moulds for ships to be built, and for no other purpose whatever, four hundred and fifty thousand dollars;

For contingent expenses for objects not hereinbefore enumerated, three thousand dollars;

Pensacola

navy yard.

Ordnance, &c.

subsistence of

For pay of the officers, non-commissioned officers, musicians, Pay of the maand privates, and subsistence of the officers of the marine rine corps, and corps, one hundred and sixty-two thousand and nineteen dol-officers. lars;

non-commission

serving on shore.

For provisions for the non-commissioned officers, musicians, Provisons for and privates serving on shore, servants and washerwomen, ed officers, &c. forty-nine thousand eight hundred and forty dollars; For clothing, forty-three thousand six hundred and ninetyfive dollars;

Clothing.

Fuel.

For fuel, fifteen thousand eight hundred and four dollars;
For keeping the present barracks in repair until new ones can Repair of bar-

8

racks, &c.

be erected, and for the rent of temporary barracks at New York, ten thousand dollars;

For transportation of officers, non-commissioned officers, musicians, and privates, and expenses of recruiting, six thousand dollars;

For medicines, hospital stores, surgical instruments, and pay of matron, four thousand one hundred and thirty-nine dollars; For contingent expenses of said corps, freight, ferriage, toll, wharfage, and cartage, per diem allowance for attending courts of inquiry, compensation to judge advocates, house rent where there are no public quarters assigned, incidental labor in the quartermaster's department, expenses of burying deceased persons belonging to the marine corps, printing, stationary forage, postage on public letters, expenses in pursuing deserters, candles and oil for the different stations, straw for the men, barrack furniture, bed sacks, spades, axes, shovels, picks, and carpenters tools, seventeen thousand nine hundred and seventyseven dollars and ninety-three cents;

For military stores, pay of armorers, keeping arms in repair, drums, fifes, flags, accoutrements, and ordnance stores, two thousand dollars;

For erecting and furnishing a new hospital building, and for a dwelling for an assistant surgeon; for the repairs of the present building, and for all expenses upon their dependencies near Pensacola, thirty-one thousand five hundred dollars;

For erecting a sea-wall to protect the shore, for enclosing the hospital grounds, for completing the basement of south wing, and for all other expenses upon the dependencies of the hospital near Norfolk, nine thousand dollars;

For graduating and enclosing the grounds about the naval asylum near Philadelphia, and for all other expenses upon the building and its dependencies, two thousand six hundred dollars;

For extending the hospital building near Brooklyn, New York, for enclosing the grounds, and for all other expenses upon its dependencies, sixty thousand dollars;

For completing the present hospital building near Boston and for all expenses upon its dependencies, three thousand five hundred dollars;

For repairing the enclosure, and for the sea-wall of the magazine upon Ellis's island, in the harbor of New York, three thousand eight hundred dollars;

For repairing the magazine, filling house, wharf, and railway, at Norfolk, Virginia, seven hundred and fifty dollars;

For building a wall round the magazine at Pensacola, three thousand dollars;

For fixtures, furniture, and other incidental expenses at the naval asylum, at Philadelphia, being a balance carried to the surplus fund on the thirty-first December, last, twelve hundred and forty-one dollars and thirty-seven cents;

SEC. 2. And be it further enacted, That of the amount heretofore appropriated, under the act of the second of March,

1838.

of the amount der act 24 March 3 and remain

appropriated un

inz unexpended

carried to the sur

eighteen hundred and thirty-three, entitled "An act in addition to the act for the gradual improvement of the navy of the United States," and remaining unexpended, the sum of one million five hundred thousand dollars be carried to the surplus fund and that the sum of one million five hundred thousand $1,500,000 to be dollars is hereby appropriated, out of any unappropriated mo- plus fund; and ney in the Treasury, to be paid one half in the year eighteen priated, one half hundred and thirty-nine, and the other half in the year eighteen and the other in hundred and forty, for the purpose of completing contracts now 1840, for complet existing, or which may be hereafter made, according to the der said act. provisions of the said act of the second of March, eighteen hundred and thirty-three. Approved, May 31st, 1838.

$1,500,000 appro.

to be paid in 1839

ing contracts un

CHAP. 93. An ACT to repeal certain provisos of "An act to alter and amend the several acts imposing duties on imports" approved the fourteenth day of July eighteen hundred and thirty-two.

[SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisos of the tenth and twelfth clauses of the second section of the act to alter and amend the several acts imposing duties on imports, passed July the fourteenth, eighteen hundred and thirty-two, be, and the same are hereby, repealed. Approved, May 31st, 1838.

The proviso of clauses of the 2d section, repeal

the 10th and 12th

Sec. Warto ex

amine the claim

the reimburse

have been paid

cause him to be

CHAP. 94. An ACT for the relief of William Tharp. [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 is hereby authorized and required to examine the claim of William Tharp to the reim- of W. Tharp to bursement of a fee, alleged by the said Tharp to have been ment of a certain paid by him to an attorney to defend a suit against him, insti- fee, alleged to tuted about the year eighteen hundred and eight, in the superior by Tharp; and court at New Orleans, to recover from him, (the said Tharp,) paid, whatever as endorser the amount of a draft for eleven hundred and tained to have sixty-three dollars and ninety-two cents, drawn by Lieutenant been no paid. James Reed on the Secretary of War, and protested; and whatever sum the Secretary shall ascertain to have been so paid, he shall cause to be paid to William Tharp out of any money in the Treasury not otherwise appropriated. Approved, June 7th, 1838.

shall be ascer

CHAP. 95. An ACT for the relief of John P. Austin and Edward N. Tailer. [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 War shall examine the claim