or other fastenings, for the rails upon the road of the said company; 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 hundred 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 1838. others incorpo dical Society of [SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, 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 MeM. D., Nicholas W. Worthington, M. D., James Reily, M. D., the District of 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 persons 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 charter 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 successors, 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 disseminating medical and surgical knowledge, and for no other purpose 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. Proviso Two stated SEC. 2. And be it further enacted, That the members of the said society above designated shall hold in the City of Washington, two stated meetings in every year, viz: on the first meetings to be 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, H 1838. The society may elect a Board of one thousand eight hundred and thirty-eight, and on the annual meeting in January for ever thereafter, and who shall hold their offices 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. 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 dollars, to be fixed, on or ascertained, by the society. Further regulalations as to the SEC. 4. And be it further enacted, That any three of the admission of per- 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 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. Proviso. Persons not almedicine or sur cense or diploma. SEC. 5. And be it further enacted, That after the appointlowed to practice ment of the aforesaid medical board, no person, not heretofore gery without a li- 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. Proviso. 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 $10 on tained by the society. to pay not ex admission. ciety, as to its by 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 of 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 afflicted, 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. Proviso. Congress may SEC. 8. And be it further enacted, That Congress may, at any time alter, amend, or annul, this act of incorporation of alter or annul this said society at pleasure. Approved, July 7th, 1838. act at pleasure. 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. Albert authoriz 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 drawback a cer- Havre, and now remaining in the public stores: Provided, That tain package of all the regulations relating to the exportation of merchandise, with the benefit of drawback, shall be complied with. the benefit of Spanish playing cards. paid $2000 for Approved, July 7th, 1838. 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. Frisby to be sembled, That the Secretary of the Treasury pay, out of any unproperty destroy. appropriated money, to Richard Frisby, two thousand dollars, 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. ed by Approved, July 7th, 1838. CHAP. 262. An ACT for the relief of John A. Peterson, executor of the last will and testament of John H. Peterson, deceased. [SEC. 1.] Be it enacted by the Senate and House of Repre entatives of the United States of America in Congress assembled, 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 last will and testament of John H. Peterson, deceased, the sum due J. 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 Petersburg, in Virginia. Approved, July 7th, 1838. amount of salary son at the time of his death. CHAP. 263. AN ACT for the relief of Aaron Tucker. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asA. Tucker to be sembled, That the Secretary of War be, and he is hereby, aupaid a pension of thorized and directed to place the name of Aaron Tucker, of the 80 a month. State of Maine, on the roll of invalid pensioners, and that he be 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 otherwise appropriated. Approved, July 9th, 1838. brary Committee have the Madison papers published. $5000 appropriated. 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. Buildings to Office building Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, The CommisThat 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 advantageously 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. Expenses, how [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. to be taken out Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, A sum not exThat 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, remove be authorized and directed to take a sum not exceeding fif- the U. S. troops 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 from Fort Gibson, [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 |