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1838.

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or other fastenings, for the rails upon the road of the said com-
pany; that the orders for the said spikes, clamps, and bolts, or
other fastenings, were given and transmitted beyond their reach
before the passage of the act of the first of July, eighteen hun-
dred and thirty-six, in relation to railroad iron; that it was not
in the power of the said company, after the passage of the said
last mentioned act, to countermand their said orders without
detriment and loss to the company; and that the spikes, clamps,
and bolts, or other fastenings, upon which the duties are to be
refunded by virtue of this act, have been actually used in the
construction of their railroad. Approved, July 7th, 1838.

CHAP. 259. An ACT to revive with amendments, an Act to incorporate the

Medical Society of 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 assem-
bled, That Frederick May, M. D., Alexander McWilliams,
Henry Hunt, M.D., N. P. Causin, M.D., William Jones, F. May and
Richmond Johnson, Thomas Sewall, M. D., George W. May, rated as the Mo
M. D., Nicholas W. Worthington, M. D., James Reily, M. D., the District or
James S. Gunnell, M. D., Harvey Lindsley, M. D., James C. Columbia.
Hall, M. D., Thomas Miller, M.D., James Borrows, M. D.,
Alexander McD. Davis, M. D., Benjamin King, M. D., Noble
Young, M. D., H. F. Condict, M. D., W. B. Magruder, M. D.,
Perry Warfield, M. D., J. B. Blake, M. D., and such other per-
sons as they may, from time to time, elect, and their successors,
are hereby declared to be a community, corporation, and body
politic, for ever, or until Congress shall by law, direct this char-
ter to cease and determine, by and under the name and title of
the Medical Society of the District of Columbia; and by and
under the same name and title they shall be able and capable in
law to purchase, take, have, and enjoy, to them and their suc-
cessors, in fee or for lease, estate or estates, any land, tenements,
rents, annuities, chattels, bank stock, registered debts, or other
public securities within the District, by the gift, bargain, sale,
demise, or of any person, or persons, bodies politic, or corporate,
capable to make the same, and the same, at their pleasure, to
alien, sell, transfer, or lease, and apply, to such purposes as they
may adjudge most conducive to the promoting and disseminat-
ing medical and surgical knowledge, and for no other purpose

Provisa
whatever: Provided, nevertheless, That the said society or
body politic shall not at any one time, hold or possess property
real, personal, or mixed, exceeding in total value the sum of
six thousand dollars per annum.

Sec. 2. And be it further enacted, That the members of the
said society above designated shall hold in the City of Wash-
ington, two stated meetings in every year, viz: on the first more on
Monday in January and July; the officers of the society to con- held every year.
sist of a President, two Vice Presidents, one Corresponding Officers of the
Secretary, one Recording Secretary, one Treasurer, and one Society.
Librarian, who shall be appointed on the first Monday in July,

stated meetings to be

elect a Buard of

lations as to the admission of per

1838. one thousand eight hundred and thirty-eight, and on the annual

meeting in January for ever thereafter, and who shall hold their oflices for one year, and until others are chosen in their stead, (not less than seven members being present at such meeting ;) and the society may make a common seal, and may elect into their body such medical and chirurgical practitioners, within the District of Columbia, as they may deem qualified to become members of the society; it being understood, that the officers of the society now elected are to remain in office until the next

election after the passage of this act. The society may Sec. 3. And be it further enacted, That it shall and may be Examiners, &c. lawful for the said medical society, or any number of them

attending, (not less than seven,) to elect by ballot five persons, residents of the District of Columbia, whose duty it shall be to grant licenses to such medical and chirurgical gentlemen as they may, upon a full examination, judge qualified to practice the medical and chirurgical arts, or as may produce a diploma from some respectable medical college or society, each person so obtaining a certificate to pay a sum not exceeding ten dol

lars, to be fixed, on or ascertained, by the society. Further regula. Sec. 4. And be it further enacted, That any three of the

examiners shall constitute a board for examining such candisous to practice dates as may apply, and shall subscribe their names to each

certificate by them granted, which certificate shall also be countersigned by the President of the society, and have the seal of the society affixed thereto by the Secretary, upon paying into the hands of the Treasury the sum of money to be ascertained as above by the Society; and any one of the said

examiners may grant a license to practice, until a board, in Proviso. conformity to this act, can be held: Provided, That nothing

herein contained shall authorize the said corporation in any wise, to regulate the practice of medical or chirurgical attendance on such persons as may need those services, nor to establish or fix a tariff of charges or fees for medical attendance or advice, or to interfere, in any way, with charges or fees for medical attendance or advice.

SEC. 5. And be it further enacted, That after the appointlowed to practice bordicine are sure ment of the aforesaid medical board, no person, not heretofore ceuse or diploma.

a practitioner of medicine or surgery within the District of Columbia, shall be allowed to practice within the said District, in either of said branches, without first having obtained a license, testified as by this law directed, or the production of a diploma from a respectable medical college or a board of examiners established by law : Provided, That the professors in such college, or the examiners in such board, be men regularly instructed in medicine and surgery, and the collateral branches of medical education, anatomy, chemistry, under the penalty of fifty dollars for each offence, to be recovered in the county court, where he may reside, by bill of presentment and indictment; one-half for the use of the society, and the other for that of the informer.

Persons not al.

gery without a li.

Proviso.

admission.

Sec. 6. And be it further enacted, That every person who, 1838. upon application, shall be elected a member of the medical New members society, shall pay a sum not exceeding ten dollars, to be ascer-ceeding 990 on tained by the society.

Sec. 7. And be it further enacted, That the medical society Powers of the sobe, and they are hereby, empowered, from time to time, to laws, seal, times make such by-laws, rules and regulations, as they may find or meeting, &c. requisite; which by-laws, rules, and regulations, shall, in their application and operation, be exclusively confined to said society, as a society or body corporate, and not to its members individually, when not acting in a corporate character; to break, or alter their common seal; to fix the times and places for the meetings of the board of examiners, filling up vacancies in the medical board, and to do and perform such other things as may be requisite for carrying this act into execution, and which may not be repugnant to the constitution and laws of the United States: Provided, always, That it shall and may be Proviso. lawful for any person resident as aforesaid, and not prohibited as aforesaid, when specially sent for, to come into any part of this District and administer or prescribe medicine, or perform any operation for the relief of such, to whose assistance he may be sent for: And provided, also, That nothing in this act Proviso. contained shall be so construed as to prevent any person, living within or without said District, from administering medicine, or performing any surgical operation, with the consent of the person or the attendants of the person to whom such medicine is administered, or upon whom such surgical operation is performed, without fee or reward, nor to prevent the giving advice or assistance in any way to the sick, or afllicted, upon charity and kindness, nor to prevent the receipt of reward for the same, if voluntarily tendered or made, nor to extend to midwifery by females; and any person, so administering medicine, or performing any surgical operation, not authorized to practice physic and surgery agreeably to the provisions of this act shall be prohibited from collecting any fee or reward for the same, by any process at law. And be it further provided, That no person shall be admitted to an examination, until he shall produce satisfactory evidence that he has studied physic and surgery three years, including one full course of medical lectures as usually taught at medical schools, or four years without such a course of lectures.

Sec. 8. And be it further enacted, That Congress may, at Congress may any time alter, amend, or annul, this act of incorporation of alter or annulthis said society at pleasure.

Approved, July 7th, 1838.

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Proviso.

CHAP. 260. An ACT for the relief of A. Quertier and Albert, of New Orleans.

[Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That A. Quertier and Albert, of New Orleans, are

1838. hereby authorized to export, with the benefit of drawback, a A Quertier and package of Spanish playing cards, which was imported into that ed to export, with port in November, last, in the ship Alexander Toussin, from

Havre, and now remaining in the public stores: Provided, That Spanish playing Sabato e base of all the regulations relating to the exportation of merchandise, with the benefit of draw back, shall be complied with.

Approved, July 7th, 1838.

the benefit of drawback a cer.

cards.

CHAP. 261. An ACT for the relief of Richard Frisby. [Sec. 1.) Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress asR. Frishy to be sembled, That the Secretary of the Treasury pay, out of any unproperly destroy appropriated money, to Richard Frisby, two thousand dollars

, ed by the British. in full, for the property destroyed at Farlie, so called, in Kent

county, Maryland, by the British forces, in the year eighteen hundred and fourteen, when in the military service of the United States, and in consequence thereof.

Approved, July 7th, 1838.

CHAP. 262. An ACT for the relief of John A. Peterson, executor of the last wil

and testament of John H. Peterson, deceased. [Sec. 1.) Be it enacted by the Senate and House of Repreentatives of the United States of America in Congress fis

sembled, That there be paid, out of any money in the Treasury J. A. Peterson not otherwise appropriated, to John A. Peterson, executor of the to be paid the annount of salary

last will and testament of John H. Peterson, deceased, the sum dus 3. H. Peter of two thousand one hundred and eight dollars and thirty cents,

being the amount of salary due the said John H. Peterson at the time of his death, as surveyor of the district of Petersbug, in Virginia.

Approved, July 7th, 1838.

of his death.

CHAP. 263. AN ACT for the relief of Aaron Tucker. [Sec. 1.] Be it enacted by the Senate and House of Repre

sentatives of the United States of America in Congress asA. Tucker to be sembled, That the Secretary of War be, and he is hereby, allpaid a pension of 80 a month.

thorized and directed to place the name of Aaron Tucker, of the State of Maine, on the roll of invalid pensioners, and that he be allowed a pension of eight dollars a month, from the first day of January, eighteen hundred and thirty-eight, to continue during his natural life.

Approved, July 7th, 1838.

CHAP. 264. An ACT authorizing the printing of the Madison papers. [Sec. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress

as

sembled, That the Joint Committee on the Library be autho- 1838. rized to cause the Madison papers to be printed and published; The Joint Liand that a sum not exceeding five thousand dollars be appro-authorized to priated for that purpose out of any money in the Treasury not have the Madi. otherwise appropriated.

Approved, July 9th, 1838.

propriated.

son papers published. 95000 apr

The Commis

RESOLUTIONS. (No. 1.] JOINT RESOLUTION, authorizing the Commissioner of the Public

Buildings to cause the removal of the walls of the late Post Office Building.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the Public Buildings be, and he sioner of Public hereby is, authorized and directed to cause the walls of the have the walls late Post Office building to be taken down, and the materials of the late Post secured for use in the construction of any of the public build- taken down, &c. ings authorized by law, and to which they may be advan

Expenses, how tageously applied; and to defray the expenses of the work, he paid. be authorized to apply any unexpended balances of appropriations in his hands, but not exceeding in amount the sum of five hundred dollars.

Approved, March 19th, 1838.

A sum not ex

(No.2.] A RESOLUTION to authorize the Secretary of War to purchase a site

for a fort at or near the western boundary of Arkansas. Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That out of the appropriation of fifty thousand dollars, made ceeding $15,000 in the year eighteen hundred and thirty-six, to remove the of the $50,000 apUnited States troops from Fort Gibson, the Secretary of War

propriated

1836, lo remove be authorized and directed to take a sum not exceeding fif-thom For Saloops teen thousand dollars to purchase for the United States a site for the purchase. for a fort at or near the western boundary of Arkansas.

Approved, April 4th, 1838.

in

[No. 3.) A RESOLUTION for the relief of Vespasian Ellis. Whereas Vespasian Ellis and Henry A. Wise, on the eight- Preamble. eenth of August, eighteen hundred and thirty-six, deposited in the Treasury of the United States the sum of four thousand dollars in gold, in compliance with the second section of the act making further provision for the sale of the public lands, approved twenty-fourth of April, eighteen hundred and twenty, and received from the Treasurer of the United S'ates forty receipts or certificates, of one hundred dollars eac.1, dated eighteenth of August, eighteen hundred and thirty-six, and numbered from forty to seventy-nine inclusive ; and whereas, the said Henry A. Wise, on the thirteenth day of May, eighteen hundred and thirty-seven, assigned and conveyed his title and inte

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