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hands of the

agent of war

nected with the same, as shall be deemed proper. And when- Unexpended ever any moneys, appropriated to the department of war, or of moneys in the the navy, shall remain unexpended in the hands of the treasurer, treasurer, as as agent of either of those departments, for more than two years and navy deafter the expiration of the calendar year in which the act of ap- partments, for. propriation shall have been passed, or to which it refers, it shall two years, &c. be the duty of the secretary of such department to inform the to be carried to the surplus secretary of the treasury of the fact, and the secretary of the fund.

more than

treasury shall thereupon cause such moneys to be carried to the Proviso; no account of the surplus fund: Provided, That when an act mak- transfer to suring an appropriation shall assign a longer duration for the com- plus fund until expiration of -pletion of its object, no transfer of any unexpended balance, to the time limitthe account of the surplus fund, shall be made until the expira- ed, &c. tion of the time fixed in such act.

ment, prior to

§ 3. That in the settlement of the accounts of the war depart- Expenditures for services, ment, for services or supplies accruing prior to the first of July, &c. under the one thousand eight hundred and fifteen, the expenditures shall war departbe charged to arrearages; and the balances of public money 1st July, 1815, hereafter recovered out of advances made in the war department, to be charged for services or supplies prior to the date aforesaid, shall be re- and balances turned to the treasury, and, by the secretary of the treasury, be to be returned, carried to the surplus fund.

to arrearages,

&c.

tions for the

branch, &c.

to

4. That nothing contained in the act of March third, one Appropriathousand eight hundred and nine, entitled "An act further to service of one amend the several acts for the establishment and regulation of year not to be the treasury, war, and navy, departments," shall be so construed, another as to allow any appropriations whatever for the service of one No appropriayear to be transferred to another branch of expenditure in a dif- tions in the ferent year, nor shall any appropriations be deemed subject to be hands of the transferred, under the provisions of the above mentioned act, after they shall have been placed in the hands of the treasurer, as agent of the war or navy departments.

treasurer, as

agent, &c. to be subject, &c.

Act of 3d

expenditure in

portion of the

for one of

$5. That the above mentioned act of the third of March, one March, 1809, thousand eight hundred and nine, shall be, and the same is here- amended. by, so amended, that the president shall be authorized to direct Branches of a portion of the moneys appropriated for any one of the follow- the war deing branches of expenditure in the military department, viz: For partment, a the subsistence of the army, for forage, for the medical and hos- appropriations pital department, for the quartermaster's department; to be ap- which may, plied to any other of the above mentioned branches of expendi- &c. ture in the same department: And that the president shall be Branches of expenditure in also further authorized to direct a portion of the moneys, appro- the navy depriated for any of the following branches of expenditure in the partment, a portion of the naval department, viz: For provisions, for medicine and hospi- appropriations tal stores, for repairs of vessels, for clothing; to be applied to which may, by any other of the above mentioned branches of expenditure in the the president, be applied, same department; and that no transfers of appropriation, from &c. or to other branches of expenditure, shall be hereafter made.

for one of

6. That no contract shall hereafter be made by the secreta- No contracts to be made by ry of state, or of the treasury, or of the department of war, or of the secretaries the navy, except under a law authorizing the same, or under an of departments appropriation adequate to its fulfilment; and excepting also, authority of a contracts for the subsistence and clothing of the army or navy, law, or an ade

except under

quate appro- and contracts by the quartermaster's department, which may be made by the secretaries of those departments.

priation; and except, &c.

No land to be purchased,

&c. except, &c.

Secretary of the treasury

to annex to annual esti

7. That no lands shall be purchased on account of the United States, except under a law authorizing such purchase.

8. That it shall be the duty of the secretary of the treasury to annex to the annual estimates of the appropriations required for the public service, a statement of the appropriations for the mates, a state- service of the year which may have been made by former acts; ment of appro- and, also, a statement of the sums remaining in the treasury, or priations for the service in the hands of the treasurer, as agent of the war and navy deby partients, from the appropriations of former years, estimating the amount of those sums which will not be required to defray expenses incurred in a previous year, and showing the whole amount which will be subject to the disposition of the executive government in the year to which the estimates apply.

of the year

former acts, and of the

sums in the treasury, &c.

The 2d sec

propriation

9. That the second section of the act, entitled "An act tion of the ap- making appropriations for the payment of the arrearages which act for milita- have been incurred for the support of the military establishment ry arrearages, previous to the first day of January, one thousand eight hundred Feb. 1818, re- and seventeen," passed on the sixteenth day of February, one pealed. thousand eight hundred and eighteen, be, and is hereby, repealVol. ii. p.

of the 16th

1659.

[blocks in formation]

No person to receive a pension, after

payment of

that due on

4th March, 1820, unless

he exhibits a schedule of

his whole es

tate and income.

[blocks in formation]

ed.

Approved, May 1, 1820.]

CHAP. 51 An act in addition to an act, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war,” passed the eighteenth day of March, one thousand eight hundred and eighteen.

1. Be it enacted, &c. That no person who now is, or hereafter may be, placed on the pension list of the United States, by virtue of the act, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war," passed on the eighteenth day of March, one thousand eight hundred and eighteen, shall, after the payment of that part of the pension which became due on the fourth day of March, one thousand eight hundred and twenty, continue to receive the pension granted by the said act, until he shall have exhibited to some court of record, in the county, city, or borough, in which he resides, a schedule, subscribed by him, containing his whole estate and income, (bis necessary clothing and bedding excepted,) and shall have (before the said court, or some one of the judges thereof,) taken and subscribed, and produced to the said court, the following oath or affirmation, to wit: I, A B, do solemnly swear, or affirm, (as the case may be,) that I was a resident citizen of the United States on the eighteenth day of March, one thousand eight hundred and eighteen, and that 1 have not, since that time, by gift, sale, or in any manner whatever, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the povisions of an act of congress, entitled " An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war," passed on the eighteenth day of March, one thousand eight hundred and eighteen; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income, other than what is contained in the schedule

copy of sche

the court, to

of war.

hereto annexed and by me subscribed: Nor until such person shall A certified have delivered, or caused to be delivered, to the secretary of war, dule and oath, a copy of the aforesaid schedule and oath or affirmation, certified and opinion of by the clerk of the court to which the said schedule was deliver- be delivered to ed, together with the opinion of the said court, also certified by the secretary their clerk, of the value of the property contained in the said schedule: Provided, That, in every case in which the pensioner Proviso; in may be insane, or incapable of taking an oath, the court may re- ty or incapaci ceive the said schedule, without the aforesaid oath or affirma- ty, the schedule may be retion, from the committee, or other person authorized to take care ceived by the of such person.

case of insani

court, &c.

2. That the original schedule and oath or affirmation shall Original schedule, &c. to be be filed in the clerk's office of the court to which the schedule filed in the of and oath or affirmation aforesaid shall be exhibited: And any Persons fice, &c. person who shall swear or affirm falsely in the premises, and be swearing thereof convicted, shall suffer as for wilful and corrupt perjury. suffer, &c. falsely to

strike from the

3. That, on the receipt of the copy of the schedule and oath, The secretary or affirmation aforesaid, it shall be the duty of the secretary of of war may the war department to cause to be struck from the list of pen-pension list sioners under the said act, the name of such person, in case the the names of said person shall not, in his opinion, be in such indigent circum- persons, who, in his opinion, stances as to be unable to support himself without the assistance are not, &c. Proviso; perof his country: Provided, That every person who shall have sons who rebeen placed on the pension list in consequence of disability, from linquished known wounds received in the revolutionary war, and who shall avail themhave relinquished such pension in order to avail themselves of the benefit of the provisions of the act to which this is an amendment, who, by virtue of this section, may be stricken from the pension list, shall be forthwith restored to the pension so relinquished. [Approved, May 1, 1820.]

pensions to

selves of the March, 1818, and stricken under this sec

act of 18th

from the list

tion, may be restored, &c.

Vol. iii. p.

1574.

CHAP. 75. An act further to regulate the medical department of the army. 1. Be it enacted, &c. That the apothecary general and as- Apothecary sistant apothecaries general shall severally give bonds to the and assistant apothecaries United States, with good and sufficient security, for the faithful general, to performance of their duties, in such sums as shall be required by with security, the surgeon general of the army, under the direction of the war &c. department. [Approved, May 8, 1820.]

CHAP. 84. An act to establish additional land offices in the states of Alabama and Illinois.

give bonds

land office at

§ 1. Be it enacted, &c. That, for the sale of the unappropriated public lands in the state of Alabama, the following districts shall be formed and land offices therefor established: All the District, and public lands, as aforesaid, bounded on the north by the line Tuscaloosa, which separates townships numbered fourteen and fifteen, in the district of Huntsville; on the south, by the line which separates township twenty-two and twenty-three, in the district of Cahawba and the district east of Pearl river; and on the east and west, by the lines of the state of Alabama; shall form a district, for which a land office shall be established at Tuscaloosa. And all District, and the public lands, as aforesaid, bounded on the south by the land office at southern boundary of the state of Alabama; on the west, by the courthouse.

Conecuh

Part of Shawneetown dis

line separating ranges four and five, east of the basis meridian, to the line separating townships five and six north, in the district of Cahawba; thence, east, with said line, to the line separating ranges twenty and twenty-one; thence, north, with said line, to the line separating townships eleven and twelve; thence, east, with said line, to the eastern boundary of the state of Alabama, and bounded on the east by the eastern boundary of said state; shall form a district, for which a land office shall be established at Conecuh courthouse.

§ 2. That so much of the public lands, heretofore included in trict to form a the Shawneetown land district, as lies east of the third principal separate land meridian, north of the base line and west of the range line, bedistrict- tween ranges numbered eight and nine, east of the said third principal meridian, shall constitute a separate land district; Land office at and, for the sale of the public lands therein, there shall be a land office established at Vandalia, the seat of government for the state of Illinois.

Vandalia.

Another land district in Illinois

3. That so much of the public land as lies north of the base line, east of the aforesaid range line, and west of the Big Wabash river, as lies in the state of Illinois, shall also constitute a Land office at separate land district; and, for the sale of the public lands, there shall be a land office established at the town of Palestine, on the said Wabash river.

Palestine.

A register and receiver for

each of the

4. That there shall be a register and receiver appointed to each of the aforesaid land offices, to superintend the sales of the land offices, public lands in their respective districts, who shall reside at the sation, &c. as places designated in their respective districts, at which the ofin other cases. fices are fixed, give security in the same manner, in the same

with compen

2d, 3d, and 5th, sections of the act of 3d

sums, and whose compensation, emoluments, and duties, and authority, shall, in every respect, be the same, in relation to the lands which shall be disposed of at their offices, as are or may be by law provided in relation to the registers and receivers of public moneys in the several offices established for the sale of the public lands.

$5. That the provisions of the second, third, and fifth, sections of the act, entitled "An act to designate the boundaries of March, 1819, districts, and establish land offices, for the disposal of the public applicable, &c. so far as lands not heretofore offered for sale in the states of Ohio and Inthey have not diana," approved March the third, eighteen hundred and ninebeen changed, teen, be, and the same are hereby, made applicable to the aforesaid districts and offices, so far as they are not changed by subsequent laws of the United States. [Approved, May 11, 1820.]

&c. Vol. iii. p. 1743.

Vol. ii. p. 1232. vol. iv. p. 2105.

Powers of the commissioners

CHAP. 85. An act to revive the powers of the commissioners for ascertaining and deciding on claims to land in the district of Detroit, and for settling the claims to land at Green Bay and Praire des Chiens, in the territory of Michigan.

§ 1. Be it enacted, &c. That the powers of the commissioners for deciding on for ascertaining and deciding on the rights of persons claiming claims to lands lands in the district of Detroit, as defined by the second section of Detroit, un- of an act, entitled "An act to authorize the granting of patents der act of 23d for land according to the surveys that have been made, and to April, 1812,

in the district

revived.

grant donation rights to certain claimants of land in the district of Detroit, and for other purposes;" passed on the twenty-third

the duties pre

Vol. iii. p. 1645.

ine and de

transcripts to

to the secreta

ry, &c.

sioners au

for ascertain

notice, and

of April, one thousand eight hundred and twelve, shall be, and are hereby, revived. And the said commissioners shall perform Commissionthe duties therein prescribed, in relation to the claims which ers to perform have been filed with the register of the land office for the said dis- scribedtrict, in pursuance of the act, entitled "An act allowing further time for entering donation rights to lands in the district of Detroit." And the said commissioners shall also have power to ex- And to examamine and decide, according to the laws respecting the same, e on claims the claims which have been filed with the register of the land of- filed, &c. fice and not heretofore decided on; and they shall transmit their Report and report, and transcripts of their decisions, to the secretary of the be transmitted treasury, to be laid before congress, in the manner directed by former laws providing for the adjustment of such claims. § 2. That the said commissioners shall be, and they are here- The commisby, authorized to employ, with the approbation of the secretary thorized to of the treasury, a person capable of translating the French lan- employ an guage, as an agent, for the purpose of ascertaining the titles and agent, &c. claims to land at the settlements of Green Bay and Praire des ing titles, &c. Chiens. It shall be the duty of the said agent to give public Agent to give notice, at each of the said settlements, of the time and place attend, &c. therein at which he shall attend for the purpose of receiving notices and evidences of titles and claims to lands within the same. And every person having title or claim to lands within the set- Claimants to tlements aforesaid, shall produce the evidence of his title or dence, &c. claim to the said agent, who shall record the same in books to be kept for that purpose. And, after the said agent shall have Agent to reremained at the places aforesaid, a time sufficient for the inha- port to the bitants to produce the evidence of their claims, he shall make ers, &c. his report thereof to the said commissioners, who shall have power to examine and decide on the claims so reported to them, according to the laws for adjusting and settling the claims to land in the district of Detroit, except, that which relates to donations of vacant land adjacent to the land confirmed shall not be considered applicable to claims in the settlements aforesaid. And the said commissioners shall transmit their report, and Commission. transcripts of their decisions, to the secretary of the treasury, on or before the first of October, in the year one thousand eight and tranhundred and twenty-one, to be laid before congress at their next scripts to the session thereafter, in the same manner as was directed by law in the treasury, respect to the claims to lands in the district of Detroit.

produce evi

commission

ers to trans

mit report

secretary of

to be laid be fore congress,

structions.

sioner, and

3. That the agent aforesaid shall take an oath for the faith- &c. Agent to take ful' discharge of the duties enjoined on him; and he shall con- an oath, and form, in discharging the said duties, to such general instructions conform to inas shall be given him by the secretary of the treasury; and the 500 dolls. for said commissioners and agent shall each receive five hundred each commisdollars, as full compensation for the services to be performed agent, with under this act, together with the recording fees to the agent, and fees to agent allowance to the register for a certificate of confirmation for donation rights provided for by former laws. [Approved, May 11, 1920.] VOL. III.

204

and register.

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