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lished as ports

of delivery, &c.

The offices of surveyor, in the places speci

annexed is hereby abolished, and made and constituted a part of the district to which it is annexed, and established a port of delivery, with the privileges appertaining to such ports.

SEC. 3. And be it further enacted, That the offices of surveyor in Augusta, Thomastown, Waldoboro', St. George, Bristol, Nobleboro' and fied, abolished. Bangor, in Maine; Easton, Great Mills, St. Inigoes, in Maryland; Winton, Tombstone, Skewarky, Nixonton, Indiantown, New Biggin Creek, and Pasquotank, in North Carolina; Pittsburg, Marietta, Cincinnati, Massac, Charleston, in Virginia, and Limestone; be, and the same are hereby, abolished.

Certain ports

SEC. 4. And be it further enacted, That the ports of delivery of of delivery dis- Augusta, in Maine, Winton, Tombstone, Skewarky, Nixonton, Indian town, New Biggin Creek, and Pasquotank, in North Carolina, be, and the same are hereby, discontinued as ports of delivery.

continued.

The President

&c. to appoint

a surveyor to each port of de

livery establish

ed by this act, &c.

Each surveyor to have the same powers, &c. as others. The salaries

SEC. 5. And be it further enacted, That the President of the United States, be, and he is hereby authorized, with the advice and consent of the Senate, to appoint a surveyor to each of the ports of delivery established by this act; and also a surveyor for the port of Eastport, in the district of Passamaquoddy; and each surveyor so appointed, shall have the same powers, and be subject to the same duties, as other surveyors of the customs.

SEC. 6. And be it further enacted, That the salaries heretofore allowed by law to the several collectors of the customs for the districts of White of the collectors Mountains, Memphrymagog, Barnstable, Nantucket, Marblehead, and New Bedford, shall cease and be discontinued.

mentioned, to

cease.

Commissions

to the collectors men

&c.

SEC. 7. And be it further enacted, That in lieu of the commissions allowed by law to the several officers hereafter mentioned, there shall be allowed the following, to wit; To each of the collectors for the districts tioned, in lieu,. of Saco, Cape Vincent, Georgetown, in the District of Columbia, Newbern, and St. Mary's, in Georgia, three per cent.; to each collector for the districts of Kennebunk, Newport, and New London, two and a half per cent.; to each collector for the districts of Bath, Bristol, New Haven, and Alexandria, two per cent.; to the collector for the district of Portsmouth, one and three fourths per cent.; to cach collector for the districts of Norfolk and Portsmouth, Petersburg, and Richmond, one and three-fourths per cent.; and to the collector for the district of Mississippi, one per cent.; to the collector for the district of Boston, one-fifth of one per cent.; and to the collector for the district of New-York, one-sixth of one per cent., on all moneys by them respectively received on account of the duties arising from goods, wares and merchandise, imported into the United States, and on the tonnage of vessels.

Salaries, in addition to emoJuments, and in lieu of former

salaries to the

officers men

tioned.

Collectors.

Surveyors.

SEC. 8. And be it further enacted, That, in addition to the emoluments, of the several officers hereinafter mentioned, and in lieu of the salaries now established by law, there shall be allowed and paid the following salaries, to wit: To the collector of the district of Wilmington, in Delaware, five hundred dollars; to the collector of the district of Sagg Harbour, four hundred dollars; to each of the collectors for the districts of Saco, Edgartown, Fairfield, Cape Vincent, Sackett's Harbour, Champlain, Oswegatchie, Oswego, Vermont, Oxford, Tappahannock, Beaufort, in North Carolina, Edenton, Georgetown, in South Carolina, and Beaufort, in South Carolina, two hundred and fifty dollars; to each of the collectors for the districts of Wiscasset, Oswego, Plymouth, in North Carolina, two hundred dollars; to the surveyor at Eastport, for the district of Passamaquoddy, five hundred dollars; to the surveyors at North Kingston, for the district of Newport, and to each of the surveyors at New London, and at Hartford and Middletown, for the district of Middletown and Hampton, two hundred and fifty dollars; to each of the surveyors of the ports for the districts of St. Mary's in Maryland, East River, South Quay, Petersburg, Edenton, Pawtuxet, and Camden, two hundred dollars; and

to each of the surveyors of the ports of Chester, Havre de Grace, Nottingham, Dumfries, and Yeocomico, one hundred and fifty dollars; to the naval officers for the districts of Providence and Newport, two hundred and fifty dollars each.

SEC. 9. And be it further enacted, That whenever the emoluments of any collector of the customs of either of the ports of Boston, New York, Philadelphia, Baltimore, Charleston, Savannah, or New Orleans, shall exceed four thousand dollars, or the emoluments of any naval officer of either of said ports, shall exceed three thousand dollars, or the emoluments of any surveyor of either of said ports shall exceed two thousand five hundred dollars, in any one year, after deducting the necessary expenses incident to his office in the same year, the excess shall, in every such case, be paid into the treasury, for the use of the United States.

Naval officers.

Limitation of emoluments of collectors of

Boston, New
York, Philadel-
phia, Baltimore,
Charleston, Sa-
vannah, and

New Orleans.
Naval officers.
Surveyors.

Limitation of the emoluments of other collec

cers, and sur

SEC. 10. And be it further enacted, That whenever the emoluments of any other collector of the customs shall exceed three thousand dollars, or the emoluments of any other naval officer shall exceed two thousand tors, naval offifive hundred dollars, or the emoluments of any other surveyor shall exceed two thousand dollars, in any one year, after deducting therefrom the veyors. necessary expenses incident to his office in the same year, the excess shall, in every such case, be paid into the treasury, for the use of the United States. (a)

SEC. 11. And be it further enacted, That the preceding provisions shall not extend to fines, penalties, or forfeitures, or the distribution thereof. SEC. 12. And be it further enacted, That every collector, naval officer, and surveyor, shall account to the treasury for all his emoluments, and also for all the expenses incident to his office; that such accounts, as well of expenses as of emoluments, shall be rendered on oath or affirmation, at such times and in such forms, and shall be supported by such proofs, as shall be prescribed by the Secretary of the Treasury, and all such accounts shall be settled at the treasury like other public accounts. SEC. 13. And be it further enacted, That every collector, naval officer, and surveyor, shall, together with his accounts of the expenses incident to his office, render a list of the clerks employed by him, stating the rate of compensation allowed to each, and the duties which they severally perform; and also an account of the sums paid for stationery, official or contingent expenses, fuel, and office rent, stating the purposes for which the premises rented are applied.

SEC. 14. And be it further enacted, That, in the ports of Boston, New York, Philadelphia, Baltimore, Charleston, Savannah, and New Orleans, no person shall be an inspector who, at the same time, holds any other office in the collection of the customs in either of the said ports. SEC. 15. And be it further enacted, That the Secretary of the Treasury may, from time to time, limit and fix the number and compensations of the clerks to be employed by any collector, naval officer, or surveyor, and may limit and fix the compensation of any deputy of any such collector, naval officer, or surveyor: Provided, That no such deputy, in any of the districts of Boston and Charlestown, New York, Philadelphia, Baltimore, Charleston, Savannah, or New Orleans, shall receive more than one

The preceding provisions not to extend to

fines, forfeitures, &c. Collectors, naval officers, and surveyors, to render an account of emolu

ments, &c.

Officers and

surveyors to

render a list of
clerks employ-
ed by them,
their compensa-
tion, and an ac-
count of sums
paid for station-
ery, &c.
of Boston, &c.,
no person to be
an inspector

In the ports

who holds any

other office in

the collection of the customs. Salary to deputy collec

tor, &c.

(a) The act of Congress of May 7, 1822, ch. 107, sec. 10, provides that whenever the emoluments of certain collectors of the customs shall exceed three thousand dollars in any one year, &c. the excess shall in every such case be paid into the treasury of the United States. The defendant was collector of the port of Gloucester, and was removed from office July 29, 1829. From January first in the same year, to the day of his removal, he received for salary, fees and commissions, $3457 83; the excess of this over $3000, after deducting certain legal expenses, he paid into the treasury of the United States. Held, that all the fees and commissions received by the collector are to be deemed to be received for his own use, until they exceed the maximum amount of $3000; that the defendant was therefore abso lutely entitled, in his own right to the fees and emoluments of office, not exceeding $3000, received during the seven months preceding his removal, although he did not continue in office a whole year from January first; and that the year of his successor in office commenced on the day of his appointment, and ended with the same day in the succeeding year.

The United States in error v. William Pearce, Jun., and another, 2 Sumner's C. C. R. 575.

No account for compensation to be

allowed until

on oath or affirmation, that he has performed

thousand five hundred dollars, nor any other such deputy more than one thousand dollars, in any one year, for any services he may perform for the United States in any office or capacity.

SEC. 16. And be it further enacted, That no account for the compensation for services of any clerk, or other person employed in any duties in relation to the collection of the revenue, shall be allowed, unhe has certified, til such clerk or other person shall have certified, on oath or affirmation, that the same services have been performed, that he has received the full sum therein charged, to his own use and benefit, and that he has not paid, deposited, or assigned, nor contracted to pay, deposit, or assign, any part of such compensation to the use of any other person, nor in any way, directly or indirectly, paid or given, nor contracted to pay or give, any reward or compensation for his office or employment, or the emoluments thereof.

the services and

received the full
sum charged,
&c.

If any person employed in the collection of the revenue

accepts any fee,

&c. not allowed by law, for any service per

formed, &c. he

is to be removed from office, pay a fine, &c. No collector,

&c. to receive more than 400 dollars annually, exclusive, &c.

Collector of Cape Vincent. This act in

force from 30th June, 1822.

SEC. 17. And be it further enacted, That if any person employed in any duties in relation to the collection of the revenue, shall accept or receive any fee, reward, or compensation, other than that allowed by law, for any service he may perform for any person, in making any entry or clearance, or preparing any papers to be used or kept in the customhouse, such person shall be removed from office, and shall, moreover, on conviction thereof, pay a fine, not exceeding five hundred dollars.

SEC. 18. And be it further enacted, That no collector, surveyor, or naval officer, shall ever receive more than four hundred dollars annually, exclusive of his compensation as collector, surveyor, or naval officer, and the fines and forfeitures allowed by law, for any services he may perform for the United States in any other office or capacity.

SEC. 19. And be it further enacted, That the salary of the collector of the district of Cape Vincent shall commence from the time of his appointment.

SEC. 20. And be it further enacted, That this act shall be in force from and after the thirtieth day of June next. APPROVED, May 7, 1822.

STATUTE I.

May 7, 1822.

Unsold town

Unsold town lots, &c. in Croghansville,

&c.

CHAP. CVIII.-An Act vesting in the commissioners of the counties of Wood and Sandusky, the right to certain lots in the towns of Perrysburg and Croghansville, in the state of Ohio, for county purposes.

Be it enacted by the Senate and House of Representatives of the United lots, &c. in Per- States of America, in Congress assembled, That the right to all the unsold rysburg, &c. town lots and out-lots in the town of Perrysburg be, and the same is hereby, vested in the commissioners of Wood county, in the state of Ohio; and the right to all the unsold town lots and out-lots in the town of Croghansville be, and the same is hereby, vested in the commissioners of Sandusky county, in said state on condition that said commissioners shall permanently locate the seat of justice for their respective counties at said towns; and that the net proceeds of the sales of so many of said lots as are necessary to be retained for the purpose of erecting public buildings thereon, be applied to the erection and improvement of the public buildings and squares in said towns respectively. APPROVED, May 7, 1822.

STATUTE I. May 7, 1822.

So much of the act of

CHAP. CXII.—An Act authorizing the payment of certain certificates.
Be it enacted by the Senate and House of Representatives of the United
States of America, in Congress assembled, That so much of an act,
entitled "An act making further provisions for the support of public

credit and for the redemption of the public debt," passed the third day of March, one thousand seven hundred and ninety-five, and so much of the act, entitled "An act respecting loan office and final settlement certificates, indents of interest, and the unfunded and registered debt, credited on the books of the treasury," passed the twelfth day of June, one thousand seven hundred and ninety-eight, as bars from settlement or allowance certificates, commonly called loan office and final settlement certificates, and indents of interest, be, and the same is hereby, suspended for the term of two years from and after the passing of this act, and from thence until the end of the next session of Congress; a notification of which temporary suspension of the act of limitation shall be published by the Secretary of the Treasury, for the information of the holders of the said certificates, in one or more of the public papers in each of the United States.

SEC. 2. And be it further enacted, That all certificates, commonly called loan office certificates, countersigned by the loan officers of the states, respectively, final settlement certificates, and indents of interest, which, at the time of passing this act, shall be outstanding, may be presented at the treasury; and, upon the same being liquidated and adjusted, shall be paid to the respective holders of the same, with interest at six per cent. per annum, from the date of the last payment of interest, as endorsed on said certificates.

SEC. 3. And be it further enacted, That, for carrying this act into effect, the sum of fifteen thousand dollars be appropriated out of. any moneys in the treasury of the United States not otherwise appropriated.

APPROVED, May 7, 1822.

March 3, 1795, ch.45, and of act of June 12, 1798, ch. 51, as bars

loan office and final settlement

certificates, &c. suspended for two years, &c.

Notification

of suspension to be published.

Outstanding loan office cer

tificates, &c. may be pre

sented at the treasury; and, being liquidated, &c. to be paid to the holders, with interest, &c. Appropriation.

STATUTE I.

CHAP. CXVIII.-An Act requiring surveyors general to give bond and security May 7, 1822. for the faithful disbursement of public money, and to limit their term of office.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, from and after the passing of this act, every surveyor general, commissioned by the authority of the United States, shall, before entering on the duties of his office, and every surveyor general now in commission, shall, on or before the thirtieth day of September next, execute and deliver, to the Secretary of the Treasury of the United States, a bond, with good and sufficient security, for the penal sum of thirty thousand dollars, conditioned for the faithful disbursement, according to law, of all public money placed in his hands for disbursement, and for the faithful performance of the

duties of his office.

SEC. 2. And be it further enacted, That the commission of every surveyor general now in office, shall, unless sooner vacated, by death, resignation, or removal from office, cease and expire on the first day of February next: and the commission of every surveyor general, hereafter commissioned by the authority of the United States, shall cease and expire unless sooner vacated by death, resignation, or removal from office, in four years from the date of the commission.

SEC. 3. And be it further enacted, That the President of the United States shall, and he is hereby authorized, whenever he may deem it expedient, require any surveyor general of the United States to give new bond and additional security, under the direction of the Secretary of the Treasury, for the faithful disbursement, according to law, of all money placed in his hands for disbursement.

APPROVED, May 7, 1822.

VOL. III.-88.

3N

Every survey

or general to

give bond with security in the penal sum of 30,000 dollars, for the faithful

disbursement of public money, and perfor official duties.

mance of his

[blocks in formation]

STATUTE I.

May 7, 1822.

As soon as

the jurisdiction has been ceded

&c., the Secretary of the Treasury to provide for building lighthouses on the islands and

places mention

CHAP. CXIX.-An Act to authorize the building of lighthouses therein mentioned, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, as soon as the jurisdiction of such portions of land at Monhegan Island, on the coast of Maine; at Billingsgate Island, in Barnstable Bay; at Cutter Hunk Island, near New Bedford, in the state of Massachusetts; at Stonington Point, in the state of Connecticut; at Old Field Point, Long Island, in the state of New York; at Cape May, in the state of New Jersey, at or near the Port of Ocracoke, in the state of North Carolina; at Cape Florida, and on the Dry Tortugas, or on some place in the vicinity, as the President of the United States shall select for the sites of lighthouses; shall be wages of super- ceded to, and the property thereof respectively vested in, the United States, it shall be the duty of the Secretary of the Treasury to provide, by contracts, which shall be approved by the President, for building lighthouses respectively on such sites, to be so lighted as to be distinguished from other lighthouses near the same; and also to agree for the salaries, wages, or hire, of the persons to be appointed by the President for the superintendence of the same.

ed, and to agree for salaries or

intendents.

The floating

light at the port

of Ocracoke to be removed to

SEC. 2. And be it further enacted, That the Secretary of the Treasury be, and he hereby is, authorized, if he shall deem it expedient, to cause to be removed the floating light placed at or near the said port of the Narrows in Ocracoke, and to have the same placed at the Narrows in the Potomak river.

the Potomak.

Buoys at the places mentioned.

Appropriation for carrying this

act into effect.

SEC. 3. And be it further enacted, That the Secretary of the Treasury be, and he hereby is, authorized to provide, by contract, for procuring and placing buoys at the following places, to wit: one at Harbour Island Bar, one on Pine Point Shoal, one on the Point of Marsh Shoals, one on Swan Island Shoal, one on the east end of Brant Island Shoal, one on the Middle Ground Shoal, one on the Bluff Shoal, and one on the Long Shoal, all being situated on the coast of North Carolina; and also for three buoys for the bar of the port of Georgetown, South Carolina.

SEC. 4. And be it further enacted, That the following sums be appropriated for the purpose of carrying the provisions of this act into effect, to be paid out of any moneys in the treasury not otherwise appropriated; to wit: For building the lighthouse at Monhegan Island, three thousand dollars; at Billingsgate Island, on Barnstable Bay, two thousand dollars; at Cutter Hunk Island, near New Bedford, and for placing buoys near thereto, three thousand dollars; at Old Field Point, Long Island, two thousand five hundred dollars; for placing a lamp on the mess-house at Fort Niagara, one thousand dollars; for finishing the pier near the port of Kennebunk, in the state of Maine, the further sum of four thousand dollars; for completing the lighthouse on Throgsneck, the additional sum of five hundred dollars; for building a light vessel, and placing the same on or near the outer bar of the harbour of New York, fifteen thousand dollars; for placing three buoys on the bar near the port of Georgetown, South Carolina, three hundred dollars; for rebuilding and completing the lighthouse on Frank's Island, in the state of Louisiana, nine thousand seven hundred and fifty dollars; for building the lighthouse at Stonington Point, three thousand five hundred dollars; for building the lighthouse at Cape May, the sum of five thousand dollars; for building the lighthouse at or near Ocracoke, the sum of twenty thousand dollars; for building the lighthouse at Cape Florida, eight thousand dollars; and for building the lighthouse on the Dry Tortugas, or on some place in the vicinity, eight thousand dollars; and for procuring and placing the buoys on the coast of North Carolina, and for removing the floating light at or near the port of Ocracoke, the sum of one thousand three hundred dollars.

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