lease.

chase to be

public surveys of sections and subdivisions thereof. And Persons in acall those persons who are in possession, by actual occupancy, for mining purtual occupancy of any of said lands, for mining purposes, under authority poses may pur of a written permit from the Secretary of War, and who have chase as those visible landmarks and muniments as boundaries thereon, and holding under who have, in all other respects, complied with the conditions and stipulations contained in such permit, may enter and purchase the same, to the extent of the tract selected by them and reported to the Secretary of War, as required by said permit, and no less, in the same manner as those who hold under leases, and at the same price: Provided, such entry Entry and purand purchase be made before the day said lands shall be offer- made before day ed for sale by order of the President. And all those persons of sale. who shall be in possession, by actual occupancy, of a mine or mines actually discovered before the passage of this act, and who shall pay the same per centum of rents as those who hold under leases, as aforesaid, shall be permitted to enter and purchase one section of land, and not less, to include such mine or mines discovered and occupied as aforesaid, by them, by paying to the United States the same price, and at the same time, as required of those who hold under permits aforesaid, and all rents accruing from such lessees or occupants shall be paid and delivered to such officers of the Government as the Secretary of the Treasury shall direct: Provided, That prior to any such purchase being made under Proof of possesthe provisions of this section, proof of possession and occu- sion and occupancy, as aforesaid, of the mine or mines claimed, shall be made to the register and receiver of the land district, together with the evidence of the payment of all rents due the United States, agreeably to such rules as may be prescribed by the Secretary of the Treasury for that purpose, which register and receiver shall each be entitled to receive one dollar for. his services therein: Provided, That an appeal from the decision of the register and receiver to the Secretary of the Treasury may be had under such regulations as the said Secretary may prescribe. And if two or more persons are in possession of the same section, the first occupant shall be entitled to a preference, unless the same can be so divided. by legal subdivisions as to give to each the discovery claimed by him.

pancy.

SEC. 4. And be it further enacted, That the said mineral Mineral lands lands shall be offered for sale in quarter sections, and no bid offered for sale in quarter secshall be received at a less rate than five dollars per acre; tions. and if such lands shall not be sold at public sale at such price, they shall thereafter be entered at private sale at that price: Provided, That no legal division or subdivision of any of No legal divisaid lands upon which there may be an outstanding lease or visions of standleases from the Secretary of War unexpired or undetermin- ing leases to be ed, and which is actually occupied for mining purposes, and sold.

sions or subdi

Secretary of

the occupants of which have complied with all the requisites of such lease or leases, and continue to perform the same, shall be sold until after the determination of such lease or leases by efflux of time; voluntary surrender, or other legal extinguishment thereof, except in such cases as are provided for in the third section of this act, and the lessees respectively shall be entitled to the privileges secured by said section upon the voluntary surrender of the lease or leases held by

them.

SEC. 5. And be it further enacted, That the management the Treasury to and control of the mineral lands shall be transferred from the have control & War Department, and placed under the jurisdiction and conmineral trol of the Treasury Department; and all books, maps, pa

management of

the lands.

pers, instruments, and other property, procured to be used and employed in the management, survey, exploring, or conducting of said mineral lands by the War Department, shall be delivered over and made subject to the disposition of the Secretary of the Treasury.

President to auSEC. 6. And be it further enacted, That the President, by thorize com- and with the advice and consent of the Senate, so soon as a mencement of sufficient number of townships are surveyed, and returns appoint register thereof made to the General Land Office, to authorize the

and receiver.

commencement of the sales in said district, shall appoint one register and one receiver for the land office in said district, who shall reside at the place designated by the President for the land office, receive such compensation, give security, and discharge all duties pertaining to such office as are prescribed by law.

Approved, March 1, 1847.

mission.

CHAP. 33.-AN ACT to amend the act entitled "An act to reduce the rates of postage, to limit the use and correct the abuse of the franking privilege, and for the prevention of frauds on the revenues of the Post Office Department," passed third of March, eighteen hundred and fortyfive.

[SEC. 1.] Be it enacted by the Senate and House of Rep resentatives of the United States of America in Congress asRates of com-sembled, That in lieu of commissions allowed deputy postmasters by the fourteenth section of the act of the third of March, eighteen hundred and twenty-five, the Postmaster General may allow, on the proceeds of their respective offices, a commission not exceeding the following rates on the amount received in any one year, or a due proportion thereof for less than a year: On a sum not exceeding one hundred dollars, forty per cent,; on a sum over the first hundred and not exceeding four hundred dollars, thirty-three and one-third per cent,; on a sum over and above the first

of

four hundred dollars and not exceeding twenty-four hundred dollars, thirty per cent.; on a sum over twenty-four hundred dollars, twelve and one-half per cent. ; on all sums arising from the postage on newspapers, magazines, and pamphlets, fifty per cent.; on the amount of postages on letters or packets received for distribution, seven per cent.: Provided, That all allowances, commissions, or other emoluments, shall Allowances, be subject to the provisions of the forty-first section of the commissions, &c., subject to act which this is intended to amend; and that the annual provisions compensation therein limited shall be computed for the fiscal forty-first secyear commencing on the first of July and ending the thirtieth tion of act of of June each year, and that for any period less than a year the restrictions contained in said section shall be held to apply in a due proportion for such fractional period: And provided further, That the compensation to any deputy Compensation postmaster under the foregoing provisions to be computed to deputy postupon the receipt at his office of a larger sum shall in no case fall short of the amount to which he would be entitled under a smaller sum received at his office.

1845.

masters.

SEC. 2. And be it further enacted, That all moneys taken Moneys taken from the mails of the United States by robbery, theft, or by robbery shall be paid to the otherwise, which have come, or may hereafter come into the order of Postpossession or custody of any of the agents of the Post Office master General. Department, or any other officers of the United States, or any other person or persons whatever, shall be paid to the order of the Postmaster General, to be kept by him as other moneys of the Post Office Department, to and for the use and benefit of the rightful owner, to be paid whenever satisfactory proof thereof shall be made; and upon the failure of any person in the employment of the United States to pay over such moneys when demanded, the person so refusing shall be subject to the penalties prescribed by law against defaulting officers.

SEC. 3. And be it further enacted, That all members of Franking priviCongress, delegates from Territories, the Vice President of lege. the United States, the Secretary of the Senate, and the Clerk of the House of Representatives, shall have the power to send and receive public documents free of postage during their term of office, and that the said members and delegates shall have the power to send and receive public documents free of postage up to the first Monday of December following the expiration of their term of office.

SEC. 4. And be it further enacted, That the Secretary of the Senate and Clerk of the House of Representatives shall have the power to receive, as well as to send, all letters and packages, not weighing over two ounces, free of postage during their term of office.

SEC. 5. And be it further enacted, That members of Congress shall have the power to receive, as well as to send, all

letters and packages, not weighing over two ounces, free of postage up to the first Monday in December following the expiration of their term of office.

Approved, March 1, 1847.

To take effect

as

CHAP. 34.-AN ACT to amend an act entitled "An act to regulate the carriage of passengers in merchant vessels," and to determine the time when said act shall take effect.

[SEC. 1.] Be it enacted by the Senate and House of Reprefrom 31st May sentatives of the United States of America in Congress asto vessels from this side sembled, That the act to regulate the carriage of passengers capes of in merchant vessels, approved the twenty-second day of Good Hope and February, eighteen hundred and forty-seven, shall, in regard

Horn.

to all vessels arriving from ports on this side of the capes of Good Hope and Horn, take effect and be in force from and after the thirty-first day of May next ensuing; and in regard to all vessels arriving from places beyond said capes, on and after thirtieth day of October next ensuing.

SEC. 2. And be it further enacted, That so much of said act as authorizes shippers to estimate two children of eight years of age and under as one passenger, in the assignment of room, is hereby repealed.

Approved, March 2, 1847.

Army.

Commutation

CHAP. 35.-AN ACT making appropriations for the support of the army and of volunteers for the year ending the thirtieth June, one thousand eight hundred and forty-eight, 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 following sums be, and the same are hereby appropriated, for the support of the army and of volunteers, for the year ending the thirtieth June, one thousand eight hundred and forty-eight:

For pay of the army, three million three hundred and sixty-five thousand four hundred and sixty-two dollars.

For commutation of officers' subsistence, six hundred and of officers' sub- forty thousand seven hundred and forty-two dollars.

sistence.

Forage.

Clothing for

servants.

Pay of volun

teers.

Subsistence

For commutation of forage for officers' horses, one hundred and forty-eight thousand six hundred and forty dollars. For payments in lieu of clothing for officers' servants, forty-two thousand eight hundred and ten dollars.

For pay of volunteers, including general and staff officers, two million eight hundred and fifteen thousand five hundred and ninety-five dollars.

For subsistence in kind of the army, volunteers and em

ployees, two million two hundred and eleven thousand six in kind. hundred and twenty-six dollars.

For clothing of the army, camp and garrison equipage, Clothing of arnine hundred and seventy-four thousand dollars.

my, &c.

For expenses of recruiting, including bounties, one hun- Recruiting. dred and ten thousand dollars.

For three months' extra pay to non-commissioned officers, Three months' musicians, and privates, twelve thousand dollars.

extra pay.

Quartermas

For the regular supplies of the quartermaster's depart- Regular supment, consisting of fuel, forage in kind for the authorized plies of the number of officers' horses, and for the horses, mules, and ter's Departoxen belonging to the quartermaster's department, at the ment. several military posts and stations, and for the horses of the three regiments of dragoons, the four companies of light artillery, and the regiment of mounted riflemen; of straw for soldiers' bedding; and of stationery, including company and other blank books, for the army; certificates for discharged soldiers, blank forms for the pay and quartermaster's department, and the printing of department orders, army regulations and general regulations, three million seven hundred and ten thousand six hundred dollars.

For the incidental expenses of the quartermaster's de- Incidental expartment, consisting of postage on letters and packets re- penses. ceived by officers on public service; expenses of courts-martial and courts of inquiry, including the additional compensation to judge advocates, members, and witnesses, while on that service, under the act of the sixteenth of March, one thousand eight hundred and two; extra pay to soldiers employed in the erection of barracks and quarters, the construction of roads, and other constant labor, for periods of not less than ten days, under the act of the second of March, one thousand eight hundred and nineteen; expenses of expresses from the frontier posts; of escorts to paymasters; of the necessary articles for the interment of non-commissioned officers and soldiers; hire of laborers; compensation to clerks to the officers of the quartermaster's department, at posts where their duties cannot be performed without such aid; and compensation to agents in charge of dismantled works, and to such wagon and forage masters as it may be necessary to employ under the act of the fifth of July, one thousand eight hundred and thirty-eight; various expenditures necessary to keep the three regiments of dragoons, the four companies of light artillery, and the regiment of mounted riflemen complete, including the purchase of horses to supply the places of those which may be lost and become unfit for service; also, including the purchase of horses for the additional regiment of dragoons, and the purchase of saddles, bridles, and other horse equipments for the same; shoeing horses, for the purchase of blacksmith's and other tools, iron and