storekeepers designated as paymasters. Duties of engineers. paymasters, shall not exceed the pay and emoluments of a captain of ordnance. SEC. 27. And be it further enacted, That it shall be the duty of the engineer superintending the construction of a fortification, or engaged about the execution of any other public work, to disburse the moneys Compensation applicable to the same; and as a compensation therefor, may be allowed by the Secretary of War at the rate of two dollars per diem, during the continuance of such disbursements: Provided, That the whole amount of emolument shall not exceed one per cent. on the sum disbursed. therefor. Proviso. Time of service of cadets increased. Three months' extra pay given in lieu of the bounty, &c. Land granted for ten consecutive years' service. Repealed, 1838, ch. 194. So much of acts 16th March, 1802, ch. 9, and 12 April, 1808, ch. 43, as fix the height of enlisted men, repeal ed. SEC. 28. And be it further enacted, That the term for which cadets hereafter admitted into the Military Academy at West Point shall engage to serve, be and the same is hereby increased to eight years, unless sooner discharged. SEC. 29. And be it further enacted, That in lieu of the bounty now provided by law for re-enlistment, every able-bodied non-commissioned officer, musician or private soldier, who may re-enlist into his company or regiment within two months before 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 serve 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, and laid off at the public expense, in such manner and upon such conditions as may be provided by law, which land shall 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 eleventh section of the act of the sixteenth March, eighteen hundred and two, and so much of the fifth section of the act of the twelfth of April, eighteen hundred and eight, as fix the height of enlisted men at five feet six inches, be and the same are hereby repealed.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 army Officers not to shall not be separated from their regiments and corps for employment be separated from their region civil works of internal improvement, or be allowed to engage in the ment to engage service of incorporated companies, and no officer of the line of the army in civil works, shall hereafter be employed as acting paymaster, or disbursing agent &c. 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, That where officers of the army are now employed on civil works or in the Indian or pay departments as contemplated in this section, they may be continued therein not exceeding one year, unless the convenience of the service will admit of their withdrawal sooner. Proviso. Pay, &c. of of armories. SEC. 32. And be it further enacted, That the superintendents of the superintendents armories at Springfield and Harper's Ferry shall hereafter receive each the sum of fifteen hundred dollars, and rations, 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 addi tional surgeons to be appointed. Pay, &c. SEC. 33. And be it further enacted, That the President be, and he is hereby authorized, by and with the advice and consent 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 5, 1838. CHAP. CLXIII.-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 twentyeighth day of June, eighteen hundred and thirty-eight. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That nothing in the act to which this is additional shall be construed to exclude from the consideration and examination of the commissioners, any plan of a steam engine, for propelling boats constructed without a boiler. APPROVED, July 7, 1838. CHAP. CLXIV.-An Act making appropriations for certain roads in the Territory of Florida. STATUTE II. July 7, 1838. Act of June 28, 1838, ch. 147-supple ment. STATUTE II. July 7, 1838. [Obsolete.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Appropriation. 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. From Tallahassee to Iola. From St. Au gustine to PicoTata. From Jack lahassee. For repairing the road from Jacksonville, by the Mineral Springs, to Tallahassee, the sum of ten thousand dollars: the said sums to be ex- sonville to Talpended under the direction of the Secretary of War, out of any money in the Treasury not otherwise appropriated. APPROVED, July 7, 1838. CHAP. CLXV.-An Act to authorize the sale of certain public lands of the United STATUTE II. July 7, 1838. The President authorized to proclaim for public sale the residue of lands reserved by act 1834, ch. 137. of June 30th, 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 selection of lands authorized by an act entitled "An act authorizing the selection of certain Wabash and Erie canal lands, in the State of Ohio, approved June thirty, eighteen hundred and thirty-four, the President of the United States shall be, and he hereby is, authorized to proclaim for public sale the residue of the lands reserved from sale by said act; which sale shall be governed by the same rules and regulations, impose the same duties, and give the same rights, which are provided by the existing laws in relation to other sales 3, 1845, ch: 42. of the public lands by proclamation of the President: Provided, however, That no lands 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 expiration of the time fixed in the proclamation of the President for the sale authorized in the first section of this act, any lands which may then remain unsold shall be subject to sale at private entry, at the price of two dollars and fifty cents per acre, and not less; and no lands hereby authorized to be sold shall be subject to entry under any pre-emption law of Congress. APPROVED, July 7, 1838. Act of March 2, 1827, ch. 56. Act of March Proviso. Afterwards, any lands unsold shall be subject to private entry, &c. Not subject to entry under preemption laws. STATUTE II. July 7, 1838. Time extended to August 10, 1840. All entries and surveys hereto fore made, &c. shall be good, &c. Proviso. Proviso. No patent shall issue for a great er quantity of land than the rank or term of service of the officer or soldier, to whom said warrant is sued, would have entitled him to, under the laws of Vir ginia. Proviso. STATUTE II. July 7, 1838. Com. of Public Buildings to cause a courthouse to be erected in Alex andria, &c. CHAP. CLXVI.-An Act to extend the time for locating Virginia military land SEC. 2. And be it further enacted, That no patent shall be issued by virtue of the preceding section, for a greater quantity of land than the rank or term of service of the officer or soldier to whom, or to whose heirs or assigns, such warrant has been granted, would have entitled him to under the laws of Virginia and of the United States regulating the issuing of such warrants; and whenever it appears to the Secretary of War that the survey made by any of the aforesaid warrants is for a 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 resurvey 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 from the said land office for the same services. APPROVED, July 7, 1838. CHAP. CLXVII.—An Act for the erection of a court-house in Alexandria, in the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the Public Buildings in the city of Washington be, and he is hereby, authorized and directed to cause to be erected in the town of Alexandria, in the District of Columbia, a court-house, to contain (a) See notes of the acts relating to Virginia land warrants, vol. 1, 464. all the offices and accommodations 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 and operation thereon; or, if the President of the United States deems it more conducive to the public interest, he is hereby authorized to purchase the building owned by the late Bank of Alexandria, and convert it into a courthouse and offices for the county of Alexandria. And there is hereby Appropriation. appropriated, for the purpose of erecting said court-house, the sum of not exceeding fifteen thousand dollars; to be paid out of any moneys in the Treasury not otherwise appropriated: Provided, That no greater sum than is appropriated by this act shall be expended in the erection of said court-house or the purchase of the building aforesaid. APPROVED, July 7, 1838. CHAP. CLXVIII.—An Act to reorganize the Legislative Council of Florida and for other purposes. (a) Proviso. STATUTE II. July 7, 1838. Legislative power of Florida, how vested. Council. Senate-how chosen, &c. 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 shall be vested in the Governor and the Legislative Council. The Legislative Council shall consist of two houses, to be called the 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 Legislative Council; Legislative and in addition to the present number, there shall be one member chosen for the county of Calhoun, one for the county of Dade, and an additional member for the county of Duval. The Senate shall consist of eleven members, to be chosen as follows: three shall be chosen from the western judicial district, including the county of Franklin, by general ticket of the qualified voters of the counties of said district, including the said county of Franklin; four from the middle judicial district, east of the Appalachicola 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 elected for the term of two years. SEC. 2. And be it further enacted, That the members of said Legislative Council shall receive each four dollars per diem during the session thereof, and four dollars for every twenty miles' travel to and from the seat of Government; the distance to be computed by the most direct route from the member's place of residence to the place where the session [is held.] SEC. 3. And be it further enacted, That the said Senators shall be elected in October next, at the same time, in the same manner, and by the same qualified voters as is now prescribed by law for the election of members of the present Legislative Council, and biennially thereafter, in the manner that may be prescribed by the said Legislative Council; and the returns of the election of said Senators shall be made by the marshals of each of said districts to the Governor, in such manner as shall be prescribed by the Governor. SEC. 4. And be it further enacted, That the Legislative Council, by and with the consent of the Governor, are hereby vested with full power, at their first session or at any time thereafter, to apportion the representatives of either House of said Legislative Council as to them may (a) For the acts relating to the territory of Florida, see vol. 3, 523, 654. Term of election. Pay and mileof Legisla tive Council. age Senators, when to be elected, &c. Council vested Legislative with power to apportion the seem best and proper, according to the population of the Territory; and may, for the purpose of more effectually equalizing said representation, increase the Senate to any number not exceeding fifteen in the whole. SEC. 5. And be it further enacted, That no session of the Legislative Council in any year shall exceed the term of seventy-five days. SEC. 6. And be it further enacted, That all acts and parts of acts heretofore passed in relation to the Legislative Council of Florida which are inconsistent with or repugnant to the provisions of this act shall be, and the same are hereby, repealed. APPROVED, July 7, 1838. CHAP. CLXIX.-An Act to provide for the support of the Military Academy of the United States for the year eighteen hundred and thirty-eight, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the support of the Military Academy for the year one thousand eight hundred and thirty-eight, viz: For the pay of officers, cadets, and musicians, fifty-six thousand and twelve dollars; For subsistence of officers and cadets, thirty-nine thousand five hundred and sixty-six dollars; For forage of officers' horses, one thousand one hundred and fifty-two dollars; For clothing of officers' servants, three hundred and thirty dollars; For defraying the expenses of the board of visiters at West Point, one thousand nine hundred and ninety-eight dollars and eighty-four cents; For fuel, forage, stationery, printing, transportation and postage, fifteen thousand two hundred and ninety-five dollars; For repairs, improvements, and expenses of buildings, grounds, roads, wharves, boats and fences, seven thousand two hundred and fifty-seven dollars and fifty cents; For pay of adjutant's and quartermaster's clerks, nine hundred and fifty dollars; For increase and expenses of the library, eight hundred dollars; For miscellaneous items and incidental expenses, one thousand five hundred and seventy-seven dollars and fifty cents; For the erection, as per plan, of a building for recitation and military exercises, in addition to amount heretofore appropriated, eighteen thousand two hundred and fifty-four dollars and sixty cents; For the erection of a barn and public stables, one thousand dollars; For compensation to the acting professor of chemistry, mineralogy, and geology, at the Military Academy, three hundred dollars; For printing and binding the regulations of the Military Academy, three hundred and sixty dollars; SEC. 2. And be it further enacted, That the sum of twenty-six thousand dollars be, and the same is hereby appropriated for the reconstruction of the buildings for the library, engineer, chemical and philosophical departments at the Military Academy at West Point, destroyed by fire in February last. SEC. 3. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, authorized to pay to the collectors, deputy collectors, naval officers, surveyors, and their respective clerks, together with the weighers, gaugers, measurers, and markers, of the several ports of the United States, out of any money in the Treasury not otherwise appropriated, such sums as will give to the said officers, respectively, the same compensation in the year one thousand eight hundred |