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as masters.


to disburse be

every two regiments of militia or volunteers: And provided 1838. also, That the persons so appointed shall continue in service Proviso. only so long as their services are required to pay militia and volunteers.

Sec. 26. And be it further enacted, That the compensation Compensation hereafter to be allowed to such ordnance storekeepers as shall keepershdesig be designated as paymasters, shall not exceed the pay and patsie emoluments of a captain of ordnance.

Sec. 27. And be it further enacted, That it shall be the Engineers soduty of the engineer superintending the construction of a forti- Construction of a

fortification, &c. fication, or engaged about the execution of any other public work, to disburse the moneys applicable to the same; and as a moneys. compensation therefor, may be allowed by the Secretary of Compensation War at the rate of two dollars per diem, during the continuance of such disbursements: Provided, That the whole amount of Proviso. emolument shall not exceed one per centon the sum disbursed.

Sec. 28. And be it further enacted That the term for which Time of sercadets hereafter admitted into the Military Academy at West creased ad essen: Point shall engage to serve, be and the same is hereby increased years. to eight years, unless sooner discharged.

Sec. 29. And be it further enacted, That in lieu of the Three months bounty now provided by law for re-enlistment, every able-bodied in ficum Yoga the non-commissioned officer musician or private soldier, who may bidella lor re-enlist into his company or regiment within two months be- re-enlistment. fore or one month after the expiration of his term of service, shall receive three months extra pay; and also any non-commissioned officer or soldier who shall have served ten consecutive years, and shall obtain from the commanding officer of his company, battalion or regiment, a certificate that he had faithfully performed his duty whilst in service, shall be allowed one hundred and sixty acres of land, to be designated, surveyed, 160 acres ofland and laid off at the public expense, in such manner and upon consecutivo such conditions as may be provided by law, which land shall years' service be patented to the soldier or his heirs and be not assignable until patented.

Sec. 30. And be it further enacted, That so much of the so much of acts eleventh section of the act of the sixteenth March eighteen and 12 April 180 hundred and two, and so much of the fifth section of the act as fix the height of the twelfth of April eighteen hundred and eight, as fix the repealed. height of enlisted men, at five feet six inches, be and the same are hereby repealed.

Sec. 31. And be it further enacted, That the officers of the Officers not to army shall not be separated from their regiments and corps for

be separated from employment on civil works of internal improvement or be enorme or incidid allowed to engage in the service of incorporated companies, service of incorand no officer of the line of the army shall hereafter be em- nies, &c. ployed as acting paymaster, or disbursing agent for the Indian department, if such extra employment require that he be separated from his regiment or company, or otherwise interfere with the performance of the military duties proper : Provided, Proviso. That where officers of the army are now employed on civil works or in the Indian or pay departments as contemplated in

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1838. this section, they may be continued therein not exceeding one

year, unless the convenience of the service will admit of their

withdrawal sooner. Pay, &c. of the Sec. 32. And be it further enacted, That the superintendents supermendents of the armories at Springfield and Harpers Ferry shall hereSpringfield and after receive each the sum of fifteen hundred dollars, and raand of the master tions, fuel, and quarters, as at present authorized ; and that the

master armorers of the same shall each receive the sum of twelve hundred dollars, and fuel, and quarters, as at present authorized ; and that the aforesaid sums and allowances to the officers aforesaid shall be in full compensation for their services

respectively. Seven addition. Sec. 33. And be it further enacted, That the President be, appointed by the and he is hereby authorized, by and with the advice and conPresident, their pay and sent of the Senate, to appoint seven additional surgeons ; and

that the officers whose appointment is authorized in this section, shall receive the pay and allowances of officers of the same grades respectively.

Approved, July 5th, 1838.


latalo Picoarmorers. al surgeons to be emoluments.

Inventions of

From Talla hassee to lola.

From St An.

CHAP. 163. An ACT supplementary to the act entitled “ An act authorizing the

appointment of persons to test the usefulness of inventions to improve and render safe the boilers of steam engines against explosions," approved twenty-eighth day of June, eighteen hundred and thirty-eight.

[Sec. 1.] Be it enacted, by the Senate and House of Repreon thout boilers for sentatives of the United States of America in Congress' aspo pod sembled, That nothing in the act to which this additional shall ed from the con be construed to exclude from the consideration and examination be made under of the commissioners, any plan of a steam engine, for propelaci June 28, 1838. ling boats constructed without a boiler.

Approved, July 7th, 1838.

CHAP. 164. An ACT making appropriations for certain roads in the Territory of

Florida. [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 of money be, and the same are hereby, appropriated, for repairing and opening certain roads in the Territory of Florida, viz :

For opening and constructing a road from Tallahassee to Iola, on the river Appalachicola, the sum of ten thousand dollars.

For repairing the road, and reconstructing the bridges and causeways thereon, from St. Augustine to Picolata, seventeen thousand three hundred dollars.

For repairing the road from Jacksonville, by the Mineral Talla- Springs, to Tallahassee, the sum of ten thousand dollars : the To be expend-said sums to be expended under the direction of the Secretary tion of the Secty. of War, out of any money in the Treasury not otherwise appropriated.

Approved, July 7th, 1838.

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CHAP. 165. An ACT to authorize the sale of certain public lands of the United 1838.

States near the Wabash and Erie canal, in the State of Ohio. [Sec. 1.) Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That after the State of Ohio shall have completed the Aner the State selection of lands authorized by an act entitled “An act author of Ohio izing the selection of certain Wabash and Erie canal lands, in the selection of the State of Ohio, approved June thirty, eighteen hundred and by ace of June thirty-four, the President of the United States shall be, and he Pelo, 1834, the hereby is, authorized to proclaim for public sale the residue of charizada tombres the lands reserved from sale by said act; which sale shall be sale the residue governed by the same rules and regulations, impose the same served by that duties, and give the same rights, which are provided by the existing laws in relation to other sales of the public lands by proclamation of the President: Provided, however, That no lands Proviso. shall be sold at such sale for a less price than two dollars and fifty cents per acre.

SEC. 2. And be it further enacted, That after the expira- After the expl. tion of the time fixed in the proclamation of the President for fatean of the tima the sale authorized in the first section of this act, any lands sale, any landa which

may then remain unsold shall be subject to sale at private shall be subject entry, at the price of two dollars and fifty cents per acre, and &c. not less ; and no lands hereby authorized to be sold shall be Not subject to subject to entry under any pre-emption law of Congress.

emption laws. Approved, July 7th, 1838.

act, &c.

to private entry,

entry under pre



CHAP. 166. An ACT to extend the time for locating Virginia military land war

rants, and returning surveys thereon to the General Land Office. [Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the officers and soldiers of the Virginia line on Officers continental establishment, their heirs or assigns, entitled to Valling on conbounty lands within the tract reserved by Virginia, between the tinental

lishment, their Little Miami and Scioto rivers, northwest of the river Ohio, for heirs of assigns, satisfying the legal bounties to her officers and soldiers upon bounty lands, al. continental establishment, shall be allowed until the tenth day August 1810, to of August, in the year one thousand eight hundred and forty, locations, and more to complete their locations and surveys, and return their surveyş tunne

, etc. and warrants, or certified copies thereof, to the General Land rants, &c. Office ; and all entries and surveys which may have heretofore All entries and been made within the said reservation, in satisfaction of any fore made in sa such warrants, on lands not previously entered or surveyed, or warrants, on on lands not prohibited from entry and survey, shall be held to lands not pre be good and valid, any omission heretofore to extend the time &c.;

, Proviso.

good, &c. for the making of such entries and surveys to the contrary notwithstanding : Provided, That no locations as aforesaid, within Proviso. the abovementioned tract, shall, after the passage of this act, be made on tracts of land which may have been previously patented, or which may have been surveyed in satisfaction of warrants granted for the legal bounties of said officers and


such &c.

1838. soldiers : And provided, also, That no locations as aforesaid

shall be made on any lands lying upon the west side of Ludlow's line; and any patent which may nevertheless be obtained for land located contrary to the provisions of this act, shall be

held and considered as null and void. No patent shall Sec. 2. And be it further enacted, That no patent shall be logue for a greated issued by virtue of the preceding section, for a greater quantity, than the rank or of land than the rank or term of service of the officer or soldier of the officer or to whom, or to whose heirs or assigns, such warrant has been said warrant is granted, would have entitled him to under the laws of Virginia entilled himna ve and of the United States regulating the issuing of such warof Virginia Cana rants ; and whenever it appears to the Secretary of War that the the issegudar, the survey made by any of the aforesaid warrants is for a warranis, greater quantity of land than the officer or soldier is entitled to

for his services, the Secretary of War shall certify, on each survey the amount of such surplus quantity, and the officer or soldier, his heirs or assigns, shall have leave to withdraw his survey from the office of the Secretary of War, and resurvey his location, excluding such surplus quantity, in one body, from

any part of his resurvey, and a patent shall issue upon such reProviso. survey as in other cases : Provided, however, That no patent

shall be obtained on any warrant under this act, unless there be produced to the Secretary of War satisfactory evidence that such warrant was granted for services which, by the laws of Virginia passed prior to the cession of the Northwestern Territory, would have entitled such officer or soldier, his heirs or assigns, to bounty lands; and, also, a certificate of the register of the land office of Virginia, that no other warrant has issued froin the said land office for the same services.

Approved, July 7th, 1838.


CHAP. 167. An ACT for the erection of a court-house in Alexandria, in the

District of Columbia. [Sec. 1.] Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress asThe Comr. of sembled, That the Commissioner of the Public Buildings in the Deutdice Builcoiuris city of Washington be, and he is hereby, authorized and dihouse to be ereci. rected to cause to be erected in the town of Alexandria, in the plan to be ap- District of Columbia, a court-house, to contain all the offices proved by the

and accomodations necessary for the court, clerk, marshal, and jurors of the county of Alexandria, and for the accommodation of the orphans' court for the said county of Alexandria ; the plan of which building shall be submitted to and approved by

the President of the United States before the commencement Or, if the Prest, and operation thereon; or, if the President of the United States

more deems it more conducive to the public interest, he is hereby public interest

, authorized to purchase the building owned by the late Bank the building own- of Alexandria, and convert it into a court-house and offices for Bank of halean, the county of Alexandria. And there is hereby appropriated,

for the purpose of erecting said court-house, the sum of not

deem it conducive to the


exceeding fifteen thousand dollars ; to be paid out of any 1838.
moneys in the Treasury not otherwise appropriated : Provided, $15,000 appro
That no greater sum than is appropriated by this act shall be printed,
expended in the erection of said court-house or the purchase
of the building aforesaid.

Approved, July 7th, 1838. 3

lative Council.


CHAP. 168. An ACT to reorganize the Legislative Council of Florida 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 legislative power of the Territory of Florida The Legislativa shall be vested in the Governor and the Legislative Council. power of Florida The Legislative Council shall consist of two houses, to be called vernor and Logisthe Senate and House of Representatives. The House of Representatives shall be organized and the members thereof shall be chosen as is now prescribed by law for the present Legisla- Legislative tive Council; and in addition to the present number, there shall of the Senate and be one member chosen for the county of Calhoun, one for the House of Repos. the county of Dade, and an additional member for the county the House of Re of Duval. The Senate shall consist of eleven members, to be Members chosen as follows: three shall be chosen from the western judi- "Additional cial district, including the county of Franklin, by general ticket merhe Senate to of the qualified voters of the counties of said district, including consist of eleven the said county of Franklin ; four from the middle judicial dis- be chosen, &c. trict, east of the Apalachicola river, to be chosen also by general ticket of the qualified voters of the counties of said district, so limited as aforesaid ; three from the eastern judicial district, to be chosen also by general ticket of the qualified voters of the counties of said district; and one from the southern judicial district, to be chosen also by general ticket of the qualified voters of the counties for said district. Said Senators shall be Senators electelected for the term of two years.

Sec. 2. And be it further enacted, That the members of Members of the said Legislative Council shall receive each four dollars per Council to diem during the session thereof, and four dollars for every each, during the twenty miles' travel to and from the seat of Government; the session, and not distance to be computed by the most direct route from the miles' travel. member's place of residence to the place where the session is held.

Sec. 3. And be it further enacted, That the said Senators The Senris. shall shall be elected in October next at the same time, in the same nest, in the man. manner, and by the same qualified voters as is now prescribed marec, prescrita by law for the election of members of the present Legislative tinn of the memCouncil

, and biennially thereafter, in the manner that may be sent Legislative prescribed by the said Legislative Council; and the returns of ennially therethe election of said Senators shall be made by the marshals of after as may be each of said districts to the Governor, in such manner as shall t.egislativa

Council, &o. be prescribed by the Governor.

ed for two years.


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