STATUTE I. May 22, 1826. The times of trict courts in the district of Alabama. changed. CHAP. CXLIX. - An Act to fix the times and places of holding the district courts of the United States, in the districts of Alabama. (a) Be it enacted by the Senate and House of Representatives of the United holding the dis- States of America, in Congress assembled, That the district courts in the districts of Alabama shall hereafter be holden at the times and places, and in the manner herein provided for, any law to the contrary notwithstanding; that is to say: At Huntsville, in and for the northern district of Alabama, on the first Monday of March, and the first Monday of October; at Mobile, in and for the southern district, on the first Monday in May, and on the second Monday in October, in each year: Provided, That, for the final disposition of causes commenced in, and pending in the district court, now held at Cahawba, in said southern district, there shall be a court held at said place, at the times now fixed by law, and after judgment in said cases, final process thereon may be issued from, and made returnable to, the said court, to be held at Mobile, in which court all further proceedings thereon shall be had. Proviso. All causes, &c., to remain and be proceed ed with as before. STATUTE I. May 22, 1826. [Obsolete.] Appeals and writs of error from the decisions of the dis trict court for the northerndis trict of New York. SEC. 2. And be it further enacted, That all causes and proceedings, of every description, commenced or depending in either of said courts, shall be continued and returnable to said courts, to be held according to the provisions of this act, and proceeded with in due form of law. APPROVED, May 22, 1826. CHAP. CL. An Act allowing appeals and writs of error from the decisions in the district court in the northern district of New York, in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That appeals and writs of error shall lie from decisions in the district court for the northern district of New York, when exercising the powers of a circuit court; and from decisions which may be made by the circuit court for the southern district of said state, in causes heretofore removed to said circuit court, from the said district court sitting as a circuit court, to the Supreme Court of the United States, in the same manner as from circuit courts. APPROVED, May 22, 18:26. STATUTE I. May 22, 1826. [Obsolete.] Accounting officers of the treasury to set New York CHAP. CLI.—An Act authorizing the payment of interest due to the state of Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the proper accounting tle the claim of officers of the Treasury Department be, and they are hereby, authorized and directed to liquidate and settle the claim of the state of New York, against the United States, for interest upon loans on moneys borrowed, and actually expended by her, for the use and benefit of the United States, during the late war with Great Britain. against the United States, for moneys expended by her. Rules applicable to, and governing the case. SEC. 2. And be it further enacted, That, in ascertaining the amount of interest, as aforesaid, due to the state of New York, the following rules shall be understood as applicable to, and governing the case, to wit: First, that interest shall not be computed on any sum which New York has not expended for the use and benefit of the United States, as evidenced by the amount refunded or repaid to New York, by the United States; Second, that no interest shall be paid on any sum on which she has not paid interest: Third, that when the principal, or any (a) See notes to the act of April 21, 1820, ch. 47, for a list of the acts passed relating to the district court of Alabama. part of it, has been paid or refunded by the United States, or money placed in the hands of New York for that purpose, the interest on the sum or sums so paid or refunded, shall cease and not be considered as chargeable to the United States, any longer than up to the time of the repayment as aforesaid. Amount of SEC. 3. And be it further enacted, That the amount of the interest, when ascertained as aforesaid, shall be paid out of any money in the interest to be treasury not otherwise appropriated. APPROVED, May 22, 1826. paid from the treasury. STATUTE I. CHAP. CLII.-An Act to compensate the registers and receivers of the land offices, May 22, 1826. for extra services rendered under the provisions of the act of the second of March, eighteen hundred and twenty-one. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, for the services rendered by the registers and receivers of the several land districts, in carrying into effect the act for the relief of the purchasers of public lands, prior to the first day of July, eighteen hundred and twenty, passed on the second day of March, one thousand eight hundred and twenty-one, and the several acts supplementary thereto, the Secretary of the Treasury, with the approbation of the President, in addition to the fees allowed by the said act and supplementary acts, shall be, and he is hereby, authorized to make such allowance and compensation to each of the said officers, as shall appear to him to be reasonable and just; which allowance shall, in no case, exceed the expenditure incurred in clerk hire, by any register or receiver, in consequence of the duties imposed upon those officers by the provisions of the said act, and the acts supplementary thereto, and the one half of one per cent. on the amount of payments made by relinquishments and discounts, calculating the value of the lands relinquished at the rate of two dollars per acre: Provided, That the allowance made on account of per centage, including their annual salary, and including their commission on the money actually paid, shall in no case exceed, to any one officer for any one year, the sum of three thousand dollars. APPROVED, May 22, 1826. Additional fees to the regis ceivers of land offices, for extra services. ters and re Act of March 2, 1821, ch. 12. Proviso. STATUTE I. CHAP. CLIII.-An Act to compensate receivers of public moneys for transporting May 22, 1826. and depositing the same. moneys. Be it enacted by the Senate and House of Representatives of the United Compensation States of America, in Congress assembled, That it shall be lawful for the to the receivers of public moSecretary of the Treasury to allow to the several receivers of public money, in the seveneys, in the several land offices, a reasonable compensation for transport- ral land offices, ing to, and depositing such moneys in, any bank or other place of deposit, for transporting that may, from time to time, be designated by the Secretary of the Trea- and depositing sury for that purpose, which compensation shall be regulated according to the actual labour, expense, and risk, of such transportation and deposit, to the place of deposit, and returning therefrom.(a) SEC. 2. And be it further enacted, That it shall be lawful for the Secretary of the Treasury, in his discretion, to make a like compensation to the several receivers of public moneys for similar services by them performed since the reduction of their compensation by the act of the twentieth of April, one thousand eight hundred and eighteen. APPROVED, May 22, 1826. A like com pensation to be made to them for similar services performed by them since the act of 30th of April, 1818, ch. 123. (a) The felonious taking and carrying away the public moneys in the custody of a receiver of public money, without any fault or negligence on his part, does not discharge him and his securities, and cannot be set up as a defence to an action on his official bond. The United States v. Prescott, 3 Howard, 578. VOL. IV.-25 R STATUTE I. May 22, 1826. Sums respectively appropriated for the following purposes: For the Pre sident's house, of furniture, &c. CHAP. CLIV.-An Act making appropriations for the public buildings in Washington, and for other purposes. 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, respectively appropriated, to be paid out of any money in [the] treasury not otherwise appropriated, for the following purposes; that is to say: For finishing the large room in the President's house; for the purchase of furniture, and for repairs of the house, the sum of twenty-five thousand for the purchase dollars; for finishing the fences, and graduating and improving the grounds connected with the President's house, the sum of five thousand eight hundred and sixty-five dollars; for continuing the work on the Capitol, the sum of one hundred thousand dollars; for repair of hose for fire engine, the sum of three hundred dollars; for the widow of Giovanni Andrei, four hundred dollars, to defray the expenses of her return to Italy. 1827, ch. 33. All furniture SEC. 2. And be it further enacted, That all furniture purchased for to be of Ameri- the use of the President's house, shall be, as far as practicable, of American or domestic manufacture. can manufac ture. Commissioner of public buildings hereafter to receive a sa lary of 2000 dollars. SEC. 3. And be it further enacted, That the commissioner of [the] public buildings shall hereafter receive the sum of two thousand dollars per annum as his salary, to be paid to him as other salaries are paid, and any law heretofore authorizing him to employ a clerk in his office shall be, and the same is hereby, repealed. APPROVED, May 22, 1826. STATUTE I. May 22, 1826. Appropriation for the relief of the Florida Indians. CHAP. CLV.—An Act for the relief of the Florida Indians. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sum of twenty thousand dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, to be expended under the directions of the President, in affording sustenance to the suffering Florida Indians. APPROVED, May 22, 1826. RESOLUTIONS. May 4, 1826. Postmaster General authorized, &c., to cause to be made an examination of the va rious routes between Balti more, and Philadelphia, and report to Congress, &c. 1. RESOLUTION directing a survey of certain routes between Baltimore and Phila delphia, for a post-road. Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Postmaster General be authorized and required to cause an examination and survey of the various routes between Baltimore and Philadelphia, crossing the Susquehanna at Havre de Grace Ferry, Port Deposit, and Conewingo Bridges, and report to Congress the route which may be best adapted for a permanent post-road, with an estimate of the expense of making each of said routes safe and convenient for the transportation of the mail. APPROVED, May 4, 1826. II. RESOLUTION expressive of the sense of Congress of the gallant conduct of Lieutenant Duncan, of the United States' Navy. Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That the provisions of the joint resolutions of Congress, passed October twentieth, eighteen hundred and fourteen, entitled "Resolutions expressive of the sense of Congress of the gallant conduct of Captain Thomas McDonough, the officers, seamen, and marines, and infantry serving as marines, on board of the United States squadron on Lake Champlain," be so construed and extended as to include the name of Silas Duncan, a lieutenant in the navy of the United States, in testimony of the sense which is entertained by both houses of Congress, of the distinguished gallantry and good conduct of the said Lieutenant Duncan, in an action with the enemy's forces, on the sixth of September, eighteen hundred and fourteen, on the same Lake. APPROVED, May 13, 1826. May 13, 1826. Resolutions expressive of Congress of the the sense of gallant conduct of Capt. Tho mas McDonough, &c., ex tended to Lt. Duncan. Vol. 3, p. 245. III. RESOLUTION directing a system of cavalry tactics, and a system of instruction for artillery, to be prepared for the use of the cavalry and artillery of the militia. Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Secretary of War be authorized to have prepared a complete system of cavalry tactics, and also a system of exercise and instruction of field artillery, including manœuvres for light or horse artillery, for the use of the militia of the United States, to be reported for consideration, or adoption by Congress at its next session. APPROVED, May 18, 1826. IV. RESOLUTION authorizing the delivery of rifles promised to Captain Aitkin's volunteers, at the siege of Plattsburg. Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be, and he is hereby authorized to cause to be delivered to Martin J. Aitkin, Azariah C. Flagg, Ira A. Wood, Gustavus A. Bird, James Trowbridge, Hazen Moers, Henry K. Averill, St. John B. L. Skinner, Frederick P. Allen, Hiram Walworth, Ethan Everist, Amos Soper, James Patten, Bartemus Brooks, Smith Bateman, Melancton W. Travis, and Flavel Williams, each, one rifle, promised them by General Macomb, while commanding the Champlain department, for their gallantry and patriotic services as a volunteer corps, during the siege of Plattsburg, in September, one thousand eight hundred and fourteen, on each of which said rifles there shall be a plate containing an appropriate inscription. APPROVED, May 20, 1826. V. RESOLUTION directing surveys and estimates for dry docks. Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States cause an examination and accurate survey to be made by a skilful engineer, of a site for a dry dock, at the navy yard at Ports dock at certain navy yards. a site for a dry mouth, New Hampshire; Charlestown, Massachusetts; Brooklyn, New York; and Gosport, Virginia; and that such engineer be required to state the dimensions necessary for such docks, the advantages of each of the above-named places for such establishment, the objections that apply to either, with a detailed estimate of the expense of a suitable site, and of constructing a dock at each of said places; and that the President be requested to communicate the same to Congress in the first week of the next session. APPROVED, May 22, 1826. |