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Provisions for

live oak.

SEC. 3. And be it further enacted, That, in addition to the provisions now in force on the subject of the live oak growing on the public lands, preservation of it shall be the duty of all collectors of the customs within the territory of Florida, and the states of Alabama, Mississippi, and Louisiana, before allowing a clearance to any vessel laden in whole or in part with live oak timber, to ascertain satisfactorily that such timber was cut from private lands, or, if from public ones, by consent of the Navy Department. And it is hereby made the duty of all officers of the customs, and of the land officers within said territory and states, to cause prosecutions to be seasonably instituted against all persons known to be guilty of depredations on, or injuries to, the live oak growing on the public lands. APPROVED, March 2, 1833.

STATUTE II.

CHAP. LXVIII.—-An Act to improve the condition of the non-commissioned officers March 2, 1833. and privates of the army and marine corps of the United States, and to prevent desertion. (a)

Term of enlistment in the army, and pay.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, from and after the passage of this act, all enlistments in the army of the United States shall be for three years; and that the monthly pay of the non-commissioned officers and soldiers shall be as follows, viz: to each sergeant major, quartermaster sergeant, and chief musician, sixteen dollars; to the first sergeant of a company, fifteen dollars; to all other sergeants, twelve dollars each; to each artificer, ten dollars; to each corporal, eight dollars, and to each musician and private soldier, six dollars: and that all enlistments in the marine corps shall be for four years; and that the monthly pay of the non-commissioned officers and soldiers in said corps, shall be and pay. as follows, viz: to each sergeant major and quartermaster sergeant, seventeen dollars; to the drum major, fife major, the orderly sergeants of posts, and first sergeants of guards at sea, sixteen dollars each; to all other sergeants, thirteen dollars; to each corporal, nine dollars; to each musician, eight dollars; and to each private, seven dollars.

Term of enlistment in the marine corps,

One dollar of

be retained, &c.

SEC. 2. And be it further enacted, That one dollar of the monthly pay of every musician and private soldier, shall be retained until the expira- monthly pay to tion of the two first years of their enlistment, when each shall receive the twenty-four dollars retained pay, which shall have so accrued: Provided, He shall have served honestly and faithfully that portion of the term of his first enlistment.

Bounty for re

SEC. 3. And be it further enacted, That every able-bodied musician or private soldier, who may re-enlist into his company or regiment, within enlistment. two months before, or one month after, the expiration of his term of service, shall receive two months' extra pay, besides the pay and other allowances which may be due to him on account of the unexpired period of any enlistment.

Pay of re-enlisted men.

SEC. 4. And be it further enacted, That every able-bodied musician or soldier, who shall re-enlist into his company or regiment, as specified in the third section of this act, shall receive his full pay, at the rate of six dollars per month, without any temporary deduction therefrom. SEC. 5. And be it further enacted, That no premium to officers, for enlisting recruits, nor bounties to recruits for enlisting, shall be allowed bounties not to after the passage of this act.

SEC. 6. And be it further enacted, That no person who has been convicted of any criminal offence, shall be enlisted into the army of the United States.

SEC. 7. And be it further enacted, That the seventh section of the act,

(a) See notes of acts relating to the marine corps, vol. i. p. 594.

Premiums and

be allowed.

No convict to

be enlisted.

Seventh section

of act of May 16, 1812, ch. 86, repealed.

entitled "An act making further provision for the army of the United States," passed on the sixteenth May, one thousand eight hundred and twelve, be, and the same is hereby, repealed, so far as it applies to any enlisted soldier, who shall be convicted by a general court martial of the crime of desertion. (a)

APPROVED, March 2, 1833.

STATUTE II.

March 2, 1833. [Obsolete.] Appropriations.

Delaware break water.

Black river,

Cunningham

creek.

Ashtabula

creek.

Presque Isle.

Buffalo harbour.

Gennesee ri

ver.

Big Sodus bay.

Oswego.

Merrimack

river.

Plymouth

beach.

Breakwater at

Hyannis.

CHAP. LXIX.-An Act making appropriations for carrying on certain works heretofore commenced for the improvement of harbours and rivers, and, also, for continuing and repairing the Cumberland road, and certain territorial roads. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums of money be, and the same are hereby, appropriated for carrying on or completing certain works and roads heretofore commenced, to be paid out of any money in the treasury not otherwise appropriated.

For carrying on the Delaware breakwater, two hundred and seventy thousand dollars.

For removing a sand bar at the mouth of Black river, Ohio, two thousand four hundred dollars.

For a pier head at Cunningham creek, Ohio, five hundred dollars. For completing the removal of obstructions at the mouth of Ashtabula creek, Ohio, three thousand four hundred dollars.

For completing the improvement of the harbour of Presque Isle, Pennsylvania, six thousand dollars.

For completing the pier at the mouth of Buffalo harbour, New York, thirty-one thousand seven hundred dollars.

For improving the entrance of Gennesee river, New York, fifteen

thousand dollars.

For removing obstructions at the mouth of Big Sodus bay, New York, fifteen thousand dollars.

For completing the pier and mole at Oswego, New York, eight thousand four hundred dollars.

For the completion of the breakwater at the mouth of the Merrimack river, four thousand nine hundred dollars.

For repairing Plymouth beach, six hundred dollars.

For the breakwater at Hyannis, Massachusetts, five thousand dollars.
For improving the harbours of New Castle, Marcus Hook, Chester,

New Castle, and Port Penn, in the Delaware, four thousand dollars.

Marcus Hook.

and Port Penn. Ocracoke inlet. Cape Fear ri

ver.

Ohio, Missouri, and Mississippi.

Detroit road to Saganaw bay.

St. Mark's.

Detroit road to Grand river.

Detroit road to Chicago.

For carrying on the improvement of Ocracoke inlet, North Carolina, sixteen thousand seven hundred dollars.

For improving Cape Fear river, below Wilmington, North Carolina, twenty-eight thousand dollars.

For improving the navigation of the Ohio, Missouri, and Mississippi rivers, fifty thousand dollars.

For continuing the road from Detroit to Saganaw bay, fifteen thousand dollars.

For completing the improvement of St. Mark's river and harbour in Florida, in addition to the unexpended balance of former appropriations, one thousand five hundred dollars.

For the road from Detroit to Grand river of Lake Michigan, twentyfive thousand dollars.

For continuing the road from Detroit towards Chicago, in the territory of Michigan, eight thousand dollars.

(a) No person in the army, navy, or marine corps shall be allowed to draw both a pension as an invalid and the pay of his rank or station in the service, unless the alleged disability for which the pension was granted be such as to have occasioned his employment in a lower grade, or in some civil branch of the service." Act of April 30, 1844, ch. 15.

For paying the balance due the commissioner for surveying and marking the road from La Plaisance bay, to intersect the road to Chicago, within the territory of Michigan, six hundred and eight dollars and seventy-six cents.

For making the said road, fifteen thousand dollars.

For completing the improvement of the inland channel between St. Mary's and St. John's, in Florida, nine thousand dollars.

Road to Chi

cago.

Channel between St.Mary's and St. John's.

Harbour and

For the completion of the removal of obstructions in the harbour and river Appilachicola, in Florida, according to the report and estimate of river Appilachithe engineer, Lieutenant Long, eight thousand seven hundred dollars, including the unexpended appropriation of last year.

For repairing the Cumberland road east of the Ohio, one hundred and twenty-five thousand dollars.

For continuing the Cumberland road in Ohio, west of Zanesville, one hundred and thirty thousand dollars.

For continuing the Cumberland road in the state of Indiana, one hundred thousand dollars.

For continuing the Cumberland road in Illinois, seventy thousand dollars.

For repairs of the Cumberland road in Virginia, thirty-four thousand four hundred and forty dollars.

For payment of a balance due the commissioner under the act of third March, one thousand eight hundred and twenty-five, for marking out a road to the confines of New Mexico, one thousand five hundred and four dollars and fifty-four cents.

For defraying the expenses incidental to making examinations and surveys under the act of the thirtieth of April, one thousand eight hundred and twenty-four, twenty-five thousand dollars.

For payment of balance due Joseph C. Brown, for running the western boundary of the state of Missouri, one hundred and forty dollars. SEC. 2. And be it further enacted, That the Secretary of War be, and he is hereby, authorized, by and with the approbation of the President of the United States, to change the location of the route of the Cumberland road, near Cumberland and Wills' mountain, according to the survey and report thereon of Captain Delafield, of the corps of engineers. APPROVED, March 2, 1833.

cola.

Cumberland

road.

Road to New Mexico. 1825, ch. 50.

Examinations

and surveys. 1824, ch. 46.

President to

alter route of road.

the Cumberland

CHAP. LXX.-An Act making appropriation for the public buildings, and for

other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That for the purpose of completing the buildings of the penitentiary, its support, the purchase of raw materials to be manufactured by the convicts, and as compensation to Thomas Carberry, who is hereby allowed one thousand dollars for his services in planning and superintending the erection of the penitentiary, the sum of fifteen thousand four hundred and thirty-six dollars is hereby appropriated, to be paid out of any money in the treasury not otherwise appropriated.

SEC. 2. And be it further enacted, That the following sums be, and hereby are appropriated, to be paid out of any money in the treasury, not otherwise appropriated, for the following purposes, that is to say: For dressing and laying the stone, procured for paving the terrace of the Capitol, seven thousand dollars.

For enclosing and improving the public ground north of the Capitol, two thousand dollars.

For a pedestal wall, coping, railing, and foot way at the north front of the President's house, ten thousand dollars.

[blocks in formation]

STATUTE II. March 2, 1833. [Obsolete.] Appropriation for penitentiary.

Appropriations for Capitol, President's house, &c.

For improving the Capitol square, including the gardener's salary, and lighting the lamps, two thousand seven hundred and fifty dollars. For completing the regulation of the ground and planting, south of the President's house, four thousand six hundred and sixty dollars. For alterations and repairs in the Capitol, one thousand dollars. For alterations and repairs in the President's house, five hundred dollars.

For constructing reservoirs and fountains at the public offices, and President's house, and enclosing and planting the fountain square, six thousand seven hundred and twenty-three dollars.

For keeping in repair the fire engines belonging to the public buildings, two hundred dollars.

For furnishing the President's house, to be expended under the direction of the President, in addition to the proceeds of such decayed furni ture, as he may direct to be sold, twenty thousand dollars.

For an additional pavement for the statue of Washington, five thou sand dollars.

For alterations in the Representatives Hall, to accommodate the twentythird Congress, according to a plan recommended by a select committee of the House of Representatives, of thirtieth June, eighteen hundred and thirty-two, thirteen thousand dollars.

For completing the public vault, and railing thereon, one thousand six hundred dollars.

APPROVED, March 2, 1833.

STATUTE II.

March 2, 1833. [Obsolete.] Appropriation for construction

of road in Arkansas.

Route.

Proviso.

Proviso.

CHAP. LXXI.—An Act for the construction of a road from the Mississippi river to
William Strong's, on the St. Francis river, in the territory of Arkansas.
Be it enacted by the Senate and House of Representatives of the United
States of America, in Congress assembled, That the sum of one hundred
thousand dollars be, and the same is hereby, appropriated, out of any
money in the treasury not otherwise appropriated, for the purpose of ena-
bling the President of the United States to cause to be permanently con-
structed, a road in the territory of Arkansas, from a point opposite to
Memphis, to the house of William Strong, on the St. Francis river, or
towards such other point on the same as the engineer appointed to report
thereupon may recommend, for the purpose of establishing a constant
communication from the point above named, towards Little Rock, in the
said territory: Provided, That the said sum be expended under the
direction of such military engineer as the President may appoint: And
provided, also, That no part of the said sum of money shall be expended
until a careful survey and estimate shall have been made of the cost of
the road by a competent engineer, and that the said survey and estimate
shall have been previously submitted to, and approved by, the Secretary
of War, and the President of the United States.

APPROVED, March 2, 1833.

STATUTE II.

March 2, 1833. CHAP. LXXII.—An Act prolonging the second session of the fifth legislative council of the territory of Michigan.

Authority to Be it enacted by the Senate and House of Representatives of the United prolong session States of America, in Congress assembled, That the legislative council of thirty days. the territory of Michigan, now in session, be, and is hereby authorized to continue its present session thirty days beyond the time now limited by law.

Appropriation to defray the expenses, &c.

SEC. 2. And be it further enacted, That, for the purpose of defraying the incidental expenses and for paying the members of said legislative

council for the additional time employed as aforesaid, the sum of two thousand dollars be, and is hereby, appropriated, out of any money in the treasury not otherwise appropriated.

APPROVED, March 2, 1833.

STATUTE II.

CHAP. LXXIII.—An Act in addition to, and in alteration of, an act entitled "An March 2, 1833. act vesting in the corporation of the city of Washington all the rights of the Washington Canal Company," 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 Secretary of the Treasury is hereby authorized to pay, out of any moneys in the treasury not otherwise appropriated, unto the mayor, aldermen, and common council of the city of Washington, the sum of one hundred and fifty thousand dollars, to aid them in fulfilling the objects and requirements of an act entitled "An act vesting in the corporation of the city of Washington all the rights of the Washington Canal Company, and for other purposes; approved May thirty-first, one thousand eight hundred and thirty-two: Provided, That the said mayor, aldermen, and common council, relinquish all title to the land vested in them by the eighth section of the act above named, and, also, relinquish all rights and privileges granted by the eighth, tenth, eleventh, twelfth, thirteenth, and fourteenth sections of said act: And provided, also, That the sum herein granted shall be applied to pay and extinguish any debt which has been, or may be contracted in the purchase either of the Washington City Canal, or in the completion of the same, and shall not be applicable to any other object or purpose until said debts be extinguished.

Secretary of the Treasury to pay $150,000 to city of Washington.

Act of May 31,

1832, ch. 113.

Proviso.

Proviso.

Public walks

and improved.

SEC. 2. And be it further enacted, That the commissioner of the public buildings is hereby authorized to cause all the open grounds belong to be enclosed ing to the United States which, in the original plan of the city, were reserved for public walks, lying between the Maryland and Pennsylvania Avenues, to be enclosed with a wooden fence, and to lay down the same, according to such plan for the improvement thereof as the President of the United States may approve, in grass, and intersect it by suitable paths and roads for intercourse and recreation: Provided, That there shall not be more than three streets or roads across the same to connect the streets on the north and south sides of said public grounds.

SEC. 3. And be it further enacted, That there be paid out of any unappropriated money in the treasury, for the purposes of the second section of this act, the sum of five thousand dollars. APPROVED, March 2, 1833.

Proviso.

Appropriation.

STATUTE II.

CHAP. LXXIV.-An Act establishing a port of entry and delivery at the village of March 2, 1833. Fall River in Massachusetts, and discontinuing the office at Dighton.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That there shall, from and after the first day of April next, be established in the village of Fall River, near the mouth of Taunton Great river, in Massachusetts, a port of entry and delivery.

SEC. 2. And be it further enacted, That the office of the collection of the customs in Dighton, Massachusetts, shall, from and after the first day of April next, be discontinued.

APPROVED, March 2, 1833.

Port to be established.

Office discon

tinued.

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