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STATUTE I. June 28, 1832.

Four surgeons

and ten surgeon's mates.

CHAP. CL.-An Act to increase the number of surgeons and assistant surgeons in the army of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint four additional surgeons and ten additional surgeon's mates, in the army of the United States.

APPROVED, June 28, 1832.

STATUTE I.

June 28, 1832.
[Expired.]
Pensions here-

tofore granted to

be continued to the widows of

certain persons for an additional term of five

years.

CHAP. CLI.-An Act further to extend the pension heretofore granted to the widows of persons killed or who died in the naval service.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in all cases where provision has been made by law, for the five years' half-pay to widows and children of officers, seamen, and marines, who were killed in battle, or who died in the naval service of the United States; and, also, in all cases where provision has been made for extending the term for five years, in addition to any term of five years, the said provision shall be, and is hereby, further extended for an additional term of five years, so far as To commence, respects widows only, to commence at the end of the current or last expired term of five years in each case, respectively; which pension shall be paid out of the fund heretofore provided by law. And the pension herein continued shall cease for the causes mentioned in the laws granting the same, respectively.

1834, ch. 134.

&c.

Shall cease for the causes, &c.

Provisions of

this act to be

extended &c.

to,

SEC. 2. And be it further enacted, That the provisions of this act shall be extended to the widows of all those who may have died by reason of wounds received during the war.

APPROVED, June 28, 1832.

STATUTE I.

June 28, 1832. CHAP. CLII.-An Act making provision for the sale and disposition of the public grounds in the cities of St. Augustine and Pensacola, and to reserve certain lots and buildings for public purposes, and to provide for their repair and preserva

Lots and build

lected for the use of the United States.

Public and private lots, &c.

tion.

Be it enacted by the Senate and House of Representatives of the United ings to be se- States of America, in Congress assembled, That the President of the United States be, and he is hereby, required to cause to be selected such of the lots and buildings in the city of St. Augustine and of Pensacola, as may, in his opinion, be needed for public purposes; which, when so selected, shall be kept for the use of the United States; and when the selection shall have been made of such lots or buildings, it shall be the duty of the Secretary of the Treasury to cause to be surveyed all the Copies of sur public and private lots and commons in and about the said cities; one copy of which survey shall be lodged in the land offices in which the respective places are situated, and the other copy delivered to the city authorities, to be there kept and preserved as other records pertaining to the corporations of said cities.

vey.

Sale of certain

and commons authorized.

SEC. 2. And be it further enacted, That the lots, buildings, and comlots, buildings, mons, not so set apart or needed for public purposes, shall at such time, and in such proportions or sizes as may be deemed most advisable and conducive to the interest of the United States and the said cities, be sold at public auction as other public lands, and the money arising from the sales paid into the Treasury of the United States: Provided, That nothing herein shall be so construed as to authorize the sale of any lot or parts of lots, or other grounds which have been by the laws of Spain

Proviso.

or the United States vested in the corporations of said towns, or which have been set apart for churches or burying grounds by the laws aforesaid, or by any ordinance of the corporate authorities of the said cities.

SEC. 3. And be it further enacted, That the title to the lot of ground in St. Augustine, known as the Old or Burnt Hospital lot, with all its appurtenances, be, and the same is hereby, vested in the mayor of St. Augustine, and his successor for ever, in trust, for the purpose of erecting thereon, by the local authorities of St. Augustine, buildings necessary for the education of free white children of both sexes.

SEC. 4. And be it further enacted, That the President shall cause the buildings which may be selected for public purposes under this act, to be refitted and repaired fit for use, and the better to preserve them from ruin and dilapidation, for which purpose, the sum of five thousand dollars is hereby appropriated, out of any money in the treasury not otherwise appropriated.

SEC. 5. And be it further enacted, That the President of the United States is hereby authorized to dispose of such part of the military reservations in the city of Detroit, and upon the river Rouge, in the territory of Michigan, as in his opinion may not be wanted for the public service, and to vest the proceeds in the purchase or erection of a store-house and wharf in the said city of Detroit, and in the erection of an arsenal in the vicinity thereof, either upon the public lands or upon a site to be procured for that purpose.

APPROVED, June 28, 1832.

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CHAP. CLIII.—An Act making appropriations for certain internal improvements for the year one thousand eight hundred and thirty-two.

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 for the purpose of making the improvements hereinafter enumerated, viz:

STATUTE I.

July 3, 1832. [Obsolete.] Appropriations.

For removing obstructions to the navigation of Kennebeck river, at Maine. Lovejoy's Narrows, Maine, including a balance of former appropriations, of two thousand five hundred and seventy-nine dollars and sixty-eight hundredths, carried to the surplus fund, two thousand six hundred dollars.

For repairing Plymouth Beach, Massachusetts, two thousand five hun- Massachusetts. dred dollars.

For further protection and preservation of the Beach at Provincetown, Massachusetts, four thousand six hundred dollars.

For deepening the channel through the Pass au Heron, Alabama, being the balance of the appropriation of one thousand eight hundred and twenty-eight, carried to the surplus fund, first January, one thousand eight hundred and thirty-one, six thousand and fifty dollars.

For deepening the channel at Pascagoula river, being the balance of the appropriation of one thousand eight hundred and twenty-five, carried to the surplus fund the first of January, one thousand eight hundred and thirty, fifteen thousand nine hundred dollars.

For improving the navigation of the Red river, Louisiana, and Arkansas, being the balance of the appropriation of one thousand eight hundred and twenty-eight, carried to the surplus fund, two thousand six hundred and twenty-eight dollars, and the further sum of twenty thousand dollars.

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

Alabama. 1828, ch. 73.

Louisiana. Arkansas. 1828, ch. 73.

Delaware.

Cumberland

To enable the Secretary of War to pay Lucius W. Stockton the road.

Florida.

Maine.

Massachusetts.

Connecticut.

New York.

Pennsylvania.

North Carolina.

The President

of the United

amount expended by him on the repairs of the Cumberland road, during the year one thousand eight hundred and thirty-one, five thousand eight hundred and sixty-eight dollars.

For completing the repairs of the United States' military road between Pensacola and Tallahassee, four thousand dollars.

For completing the same from St. Augustine to Tallahassee, two thousand five hundred dollars.

For the completion of the improvement of the harbour and river Saint Marks, in Florida, as recommended by the chief engineer, four thousand five hundred dollars.

For completing repairs to piers at the entrance of Kennebunk river, Maine, one thousand seven hundred dollars.

For removing obstructions in the Berwick branch of the Piscataqua river, two hundred and fifty dollars.

For completing the sea-wall for the preservation of Deer Island, Boston harbour, sixty thousand dollars.

For completing the breakwater at Hyannis harbour, Massachusetts, seven thousand six hundred dollars.

For removing the bar at the mouth of Nantucket harbour, six thousand dollars.

For completing the breakwater and dyke, and deepening the channel, in the harbour of Mill river, in Connecticut, four thousand four hundred and ninety dollars and forty-three cents.

For completing the pier and mole at Oswego, New York, nineteen thousand dollars.

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

For improving the entrance of Genessee river, sixteen thousand dol lars.

For completing the pier at the mouth of Buffalo harbour, ten thousand three hundred dollars.

For the work at Black Rock harbour, New York, five thousand one hundred dollars.

For securing and completing the work at Dunkirk harbour, New York, ten thousand two hundred dollars.

For completing the improvement of the harbour at Presque Isle, Pennsylvania, four thousand five hundred dollars.

For improving the harbours of New Castle, Marcus Hook, Chester, and Port Penn, on the Delaware, ten thousand dollars.

For carrying on the work for the improvement of Ocracoke inlet, North Carolina, twenty-two thousand 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.

And the President of the United States is hereby authorized to extend the improvement of the steamboat navigation from Pittsburg to the States authoCumberland road, at Brownsville, upon such plan as he may approve, rized to improve the steam-boat under the provisions of the act of May twenty-four, eighteen hundred navigation from and twenty-four: and that the President of the United States be, and he Pittsburg to Brownsville, is hereby, authorized to extend the provisions of the act of twenty-fourth and to extend May, one thousand eight hundred and twenty-four, entitled “An act to the provisions improve the navigation of the Ohio and Mississippi rivers," so as to emof the act of brace in its operations the river Missouri, from its junction with the Mis24th May, 1824, ch. 139, so as sissippi to the mouth of the Kansas river; and, also, the Upper Missisto embrace cer- sippi river from St. Louis, in Missouri, to Galena, in Illinois, with power tain parts of the to remove all obstructions in the channel of said river between those points; and that the provisions of the act; approved twenty-fourth May, one thousand eight hundred and twenty-four, entitled "An act to improve

rivers Missouri

and Mississippi.

the navigation of the Ohio and Mississippi rivers," be extended so as to include, in its operation, the improvement of the Mississippi from New Orleans to the Gulf of Mexico, and the deepening of the bar at the mouth of the Mississippi.

For improving the navigation of the Arkansas river, fifteen thousand dollars; Provided, The engineer department, after due examination, is satisfied that, during a portion of the ensuing year, the men and machine now employed in removing obstructions in the Ohio and Mississippi rivers, can be more usefully employed in removing those of the Arkansas river: Provided, That the compensation of the superintendent of the Ohio and Mississippi rivers, shall be the sum of three thousand dollars per annum, in full for all his services; and he shall not hereafter be allowed any thing in the shape of commissions in his disbursements.

For improving the mouth of Conneaut creek, Ohio, seven thousand eight hundred dollars.

For completing the removal of obstructions at the mouth of Ashtabula creek, Ohio, three thousand eight hundred dollars.

For a pier head at Cunningham creek, Ohio, one thousand five hundred dollars.

For completing the removal of obstructions at the mouth of Grand river, Ohio, two thousand six hundred dollars.

For completing the improvement of Cleveland harbour, Ohio, six thousand six hundred dollars.

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

For removing obstructions at the mouth of Huron river, Ohio, one thousand five hundred dollars.

For piers at La Plaisance bay, Michigan, eight thousand dollars. For the improvement of the navigation of the Cumberland river, thirty thousand dollars, to be expended under the direction of the War Depart

ment.

For the removal of the obstructions to the navigation of the Savannah river, between the mouth thereof and the city of Savannah, the sum of twenty-five thousand dollars, including the balance of the former appropriation to the same object, to be expended according to a plan and an estimate of the Department of War.

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

For repairs of the Cumberland road east of the Ohio river, and other needful improvements on said road, to carry into effect the provisions of an act of the General Assembly of Pennsylvania, entitled " An act for the preservation and repair of the Cumberland road," (a) passed the fourth day of April, one thousand eight hundred and thirty-one; and of an act of the General Assembly of the state of Maryland, entitled "An act for the preservation and repair of that part of the United States' road within the limits of the state of Maryland," (a) passed the twenty-third day of Janu(a) The acts passed by the legislatures of Pennsylvania and Maryland are,

ACT OF PENNSYLVANIA.

An act for the preservation and repair of the Cumberland road.

Arkansas.

Proviso.

Proviso. Compensation to the superintendent not to exceed $3000.

Ohio

Michigan. Cumberland, Tennessee.

Georgia.

Surveys. Act of April 30, 1824, ch. 46.

Cumberland

road.

Act of March

2, 1831, ch. 97.

Whereas, that part of the Cumberland road lying within the state of Pennsylvania is in many parts in bad condition, for want of repairs, and as doubts have been entertained whether the United States have authority to erect toll-gates on said road, and collect toll; and as a large proportion of the people of this commonwealth are interested in said road, and its constant continuance and preservation: Therefore, SEC. 1. Be it enacted by the Senate and House of Representatives of the commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That as soon as the consent of the government of the United States shall have been obtained, as hereinafter provided, William F. Coplan, David Downer, of Fayette county, Stephen Hill, Benjamin Anderson, of Washington county, and Thomas Endsley, of Smithfield, Somerset county, shall be, and they are hereby, appointed commissioners, a majority of whom shall be sufficient to transact business, who shall hold their offices for VOL. IV.-70 ЗА

Assent to acts of Pennsylvania and Maryland.

ary, one thousand eight hundred and thirty-two, to which said acts the assent of the United States is hereby given, to remain in force during the pleasure of Congress, the sum of one hundred and fifty thousand dollars, to be expended under the direction of the War Department, under the

three years after the passage of this act, after which, the right of appointing said commissioners shall vest in the governor of this commonwealth, to build toll-houses and erect toll-gates, at suitable distances, on so much of the Cumberland road as lies within the state of Pennsylvania: Provided, That, if any one or more of the said commissioners should die, resign, or refuse to serve, the governor shall appoint one or more other commissioners to fill the vacancies so happening: And provided, also, That nothing herein contained shall be construed to prevent the governor from re-appointing the commissioners named in this act, if he thinks proper.

SEC. 2. And be it further enacted by the authority aforesaid, That, for the purposes of keeping so much of the said road in repair as lies within the state of Pennsylvania, and paying the expenses of collection, and other incidental expenses, the commissioners shall cause to be erected, on so much of the said road as passes within this state, at least six gates; and that, as soon as said gates and toll-houses shall be erected, it shall be the duty of the toll-collectors, and they are hereby required to demand and receive, for passing the said gates, the tolls hereafter mentioned; and they may stop any person riding, leading, or driving any horses, cattle, sulky, chair, phaeton, cart, chaise, wagon, sleigh, sled, or other carriage of burden or pleasure, from passing through the said gates, until they shall, respectively, have paid for passing the same; that is to say, for every space of fourteen miles in length on said road, the following sums of money; and so, in proportion, for every greater or lesser distance; the rates of toll to be collected at each gate shall be the following, to wit: for every score of sheep or hogs, six cents; for every score of cattle, twelve cents; for every led or drove horse, three cents; for every horse and rider, four cents; for every sleigh or sled, for each horse or pair of oxen, drawing the same, three cents; for every dearborn, sulky, chair, or chaise, with one horse, six cents; for every chariot, coach, coachee, stage, wagon, phaeton, chaise, or with two horses and four wheels, twelve cents; for either of the carriages last mentioned, with four horses, eighteen cents; for every other carriage of pleasure, under whatever name it may go, the like sum, according to the number of wheels and horses drawing the same; for every cart or wagon, whose wheels shall exceed two and a half inches in breadth, and not exceeding four inches, four cents for every horse or pair of oxen drawing the same; and every other cart or wagon, whose wheels shall exceed four inches, and not exceeding five inches in breadth, three cents for every horse or pair of oxen drawing the same; and for every other cart or wagon, whose wheels shall exceed six inches, and not more than eight inches, two cents for every horse or pair of oxen drawing the same; all other carts or wagons, whose wheels shall exceed eight inches in breadth, shall pass the said gates free of tolls: Provided, That the commissioners appointed by the first section of this act may commute the rates of toll with any person or persons, by taking of him or them a certain sum annually, in lieu of the tolls aforesaid: And provided also, That nothing in this act shall be construed so as to authorize any tolls to be received or collected from any person or persons passing or re-passing from one part of his farm to another, or to or from a mill, or to or from any place of public worship, funeral, militia training, elections, or from any student or child going to or from any school, or seminary of learning, or from persons and witnesses going to and returning from courts: And provided further, That no toll shall be received or collected for the passage of any wagon or carriage laden with the property of the United States, or any cannon or military stores belonging to the United States, or to any of the states composing this Union.

SEC. 3. And be it further enacted by the authority aforesaid, That the said commissioners shall appoint proper and suitable persons as toll-gatherers, who shall settle their accounts quarterly with the commissioners, and at all other times, when thereunto required; and shall, at all times, pay over to them, on demand, the amount of tolls by them collected; and it shall be the duty of the said commissioners, to render annually, to the court of quarter sessions of the respective counties through which the road passes, an account of the tolls received and expenses incurred on said road, on oath or affirmation, and publish the same in one or more newspapers in each county, through which the road passes; and they shall each receive a compensation of two dollars per day, for every day that they shall be engaged on the business of said road: Provided, That the annual compensation to any one commissioner shall not exceed the sum of one hundred dollars.

SEC. 4. And be it further enacted by the authority aforesaid, That the amount of tolls after deducting therefrom the expenses and charges of collection, and compensation of commissioners, shall be applied, under the direction of the commissioners, to the repairs and preservation of said road, in such manner, and under such regulations, as they may from time to time prescribe, and to no other purpose whatever; and the said commissioners shall have power to increase or diminish the rates of toll: Provided, That the same shall at no time be increased beyond the rates of toll established by an act entitled "An act authorizing the governor to incorporate a company for making an artificial road, from the bank of the river Susquehanna, opposite the borough of Harrisburg, to Pittsburg," passed the twenty-fourth day of February, one thousand eight hundred and six.

SEC. 5. And be it further enacted by the authority aforesaid, That directors shall be set up at proper and convenient situations, to caution all conductors or drivers of carriages, on the road aforesaid, that they shall, at all times, pass on the left of each other, under the penalty of two dollars for every offence. SEC. 6. And be it further enacted by the authority aforesaid, That if any of the toll-gatherers shall unreasonably delay, or hinder, any passenger or traveller at any of the gates, or shall demand or receive more toll than may be established under this act, he shall, for each and every offence, forfeit and pay to the party so aggrieved the sum of twenty dollars.

SEC. 7. And be it further enacted by the authority aforesaid, That, if any person or persons shall wilfully and of purpose throw down or otherwise injure any of the walls, bridges, culverts, or other works on said road, or shall otherwise wilfully injure or obstruct the passage of the said road unnecessarily, the person or persons so offending shall forfeit and pay for every such offence any sum not less than five, or more than fifty dollars, to be collected and applied as is directed in the ninth section of this act.

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