May 12, 1864. Land granted to Iowa for a rail road from Sioux City, to south line of state; the middle of its height) the inside breadth of the space at each of the points of division, also the breadth of the stem and the breadth at the stern; number them successively one, two, three, and so forth, commencing at the stem; multiply the second, and all other even-numbered breadths by four, and the third, and all the other odd-numbered breadths (except the first and last) by two; to the sum of these products add the first and last breadths, multiply the whole sum by one third of the common interval between the breadths, and the result will give, in superficial feet, the mean horizontal area of such space; measure the mean height between the plank of the two decks, and multiply by it the mean horizontal area, and the product will be the cubical contents of the space; divide this product by one hundred, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the other tonnage of the vessel, ascertained as aforesaid. And if the vessel has more than three decks, the tonnage of each space between decks, above the tonnage-deck, shall be severally ascertained in the manner above described, and shall be added to the tonnage of the vessel, ascertained as aforesaid. In ascertaining the tonnage of open vessels the upper edge of the upper strake is to form the boundary line of measurement, and the depth shall be taken from an athwartship line, extending from upper edge of said strake at each division of the length. The register of the vessel shall express the number of decks, the tonnage under the tonnage-deck, that of the between-decks, above the tonnage-deck; also that of the poop or other enclosed spaces above the deck, each separately. In every registered United States ship or vessel the number denoting the total registered tonnage shall be deeply carved or otherwise permanently marked on her main beam, and shall be so continued; and if it at any time cease to be so continued such vessel shall no longer be recognized as a registered United States vessel. SEC. 4. And be it further enacted, That the charge for the measurement of tonnage and certifying the same shall not exceed the sum of one dollar and fifty cents for each transverse section under the tonnage-deck; and the sum of three dollars for measuring each between-decks above the tonnage-deck; and the sum of one dollar and fifty cents for each poop, or closed-in space available for cargo or stores, or for the berthing or accommodation of passengers, or officers and crew above the upper or spardeck. SEC. 5. And be it further enacted, That the provisions of this act shall not be deemed to apply to any vessel not required by law to be registered, or enrolled, or licensed, and all acts and parts of acts inconsistent with the provisions of this are hereby repealed. APPROVED, May 6, 1864. CHAP. LXXXIV. -An Act for a Grant of Lands to the State of Iowa, in alternate Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and is hereby, granted to the state of Iowa, for the purpose of aiding in the construction of a railroad from Sioux City, in said state, to the south line of the state of Minnesota, at such point as the said state of Iowa may select between the Big Sioux and the west fork of the Des Moines river; also to said for the McGre-state for the use and benefit of the McGregor Western Railroad Comgor Western rail- pany, for the purpose of aiding in the construction of a railroad from a point at or near the foot of Main Street, South McGregor, in said state, in a westerly direction, by the most practicable route, on or near the fortythird parallel of north latitude, until it shall intersect the said road running from Sioux City to the Minnesota state line, in the county of O'Brien, in said state, every alternate section of land designated by odd road. in lieu thereof. numbers for ten sections in width on each side of said roads; but, in case it shall appear that the United States have, when the lines or routes of said roads are definitely located, sold any section or any part thereof If any lands granted have granted as aforesaid, or that the right of preemption or homestead settle- Been before sold, ment has attached to the same, or that the same has been reserved by the &c., other lands United States for any purpose whatever, then it shall be the duty of the may be selected Secretary of the Interior to cause to be selected, for the purposes aforesaid, from the public lands of the United States nearest to the tiers of sections above specified, so much land in alternate sections, or parts of sections, designated by odd numbers, as shall be equal to such lands as the United States have sold, reserved, or otherwise appropriated, or to which the right of homestead settlement or preëmption has attached, as aforesaid, which lands thus indicated by odd numbers and sections, by the direction of the Secretary of the Interior, shall be held by the state of Iowa for the uses and purposes aforesaid: Provided, That the lands so selected shall in no case be located more than twenty miles from the lines of said roads: Provided, further, That any and all lands heretofore reserved to the United States by any act of congress, or in any other manner by competent granted, &c., excepted from this authority, for the purpose of aiding in any object of internal improvement act, but right of or other purpose whatever, be, and the same are hereby, reserved and way may be had. excepted from the operation of this act, except so far as it may be found necessary to locate the routes of said roads through such reserved lands, in which case the right of way shall be granted, subject to the approval of the President of the United States. Limit of loca tion. Lands formerly When subject to sale at private SEC. 2. And be it further enacted, That the sections and parts of Minimum price sections of land which by such grant shall remain to the United States of lands not granted. within ten miles on each side of said roads shall not be sold for less than double the minimum price of public lands when sold, nor shall any of said lands become subject to sale at private entry until the same shall have been first offered at public sale to the highest bidder at or above the minimum entry. price as aforesaid: Provided, That actual bona fide settlers under the Proviso. preemption laws of the United States may, after due proof of settlement, Actual preëmpimprovement, and occupation, as now provided by law, purchase the same tion settlers, and at the increased minimum price: And provided, also, That settlers under homestead law. the provisions of the homestead law, who comply with the terms and requirements of said act, shall be entitled to patents for an amount not exceeding eighty acres each, anything in this act to the contrary notwithstanding. SEC. 3. And be it further enacted, That the lands hereby granted shall be subject to the disposal of the legislature of Iowa, for the purposes aforesaid and no other. And the said railroads shall be, and remain, public highways for the use of the government of the United States, free of all toll or other charges upon the transportation of any property or troops of the United States. those under the Lands, how to be disposed of and for what purposes only. Roads to be public highways. Lands, how to SEC. 4. And be it further enacted, That the lands hereby granted shall be disposed of by said state, for the purposes aforesaid only, and in man- be disposed of. ner following, namely: When the governor of said state shall certify to the Secretary of the Interior that any section of ten consecutive miles of either of said roads is completed in a good, substantial, and workmanlike manner as a first-class railroad, then the Secretary of the Interior shall issue to the state, patents for one hundred sections of land for the benefit of the road having completed the ten consecutive miles as aforesaid. When the governor of said state shall certify that another section of ten conseculive miles shall have been completed as aforesaid, then the Secretary of the Interior shall issue patents to said state in like manner, for a like number; and when certificates of the completion of additional sections of ten consecutive miles of either of said roads are, from time to time, made as aforesaid, additional sections of lands shall be patented as aforesaid, until said roads, or either of them, are completed, when the whole of the road. VOL. XIII. PUB.-7 Patents to issue sections of land upon completion for a hundred of ten consecutive miles of McGregor Western Rail lands hereby granted shall be patented to the state for the uses aforesaid and none other: Provided, That if the said McGregor Western Railroad road to complete Company, or assigns, shall fail to complete at least twenty miles of its twenty miles of said road during each and every year from the date of its acceptance of its road annually. the grant provided for in this act, then the state may resume said grant, and so dispose of the same as to secure the completion of a road on said line and upon such terms, within such time as the state shall determine: Provided, further, That if the said roads are not completed within ten years from their several acceptance of this grant, the said lands Lands to revert hereby granted and not patented shall revert to the state of Iowa for the purpose of securing the completion of the said roads within such time, not to exceed five years, and upon such terms as the state shall determine: And provided, further, That said lands shall not in any manner be disposed of or encumbered, except as the same are patented under the provisions of this act; and should the state fail to complete said roads within five years after the ten years aforesaid, then the said lands undisposed of as aforesaid shall revert to the United States. to state unless roads are com pleted within ten years, &c. Not to be en cumbered, except, &c. Secretary of Interior to withdraw lands, when, &c. Mails to be transported. Pay, how determined. Grant to Minnesota for road from St. Paul to southern line of state. SEC. 5. And be it further enacted, That as soon as the governor of said state of Iowa shall file or cause to be filed with the Secretary of the Interior maps designating the routes of said roads, then it shall be the duty of the Secretary of the Interior to withdraw from market the lands embraced within the provisions of this act. SEC. 6. And be it further enacted, That the United States mail shall be transported on said roads and branch, under the direction of the postoffice department, at such price as congress may by law provide: Provided, That until such price is fixed by law the Postmaster-General shall have power to fix the rate of compensation. SEC. 7. And be it further enacted, That there be, and is hereby, granted to the state of Minnesota for the purpose of aiding in the construction of a railroad from St. Paul and St. Anthony, via Minneapolis, to a convenient point of junction west of the Mississippi, to the southern boundary of the state, in the direction of the mouth of the Big Sioux river, four additional alternate sections of land per mile, to be selected Conditions of upon the same conditions, restrictions, and limitations as are contained in grant. the act of congress entitled "An act making a grant of land to the territory of Minnesota, in alternate sections, to aid in the construction of certain railroads in said territory, and granting public lands, in alternate sections, to the state of Alabama, to aid in the construction of a certain railroad in said state," approved March third, eighteen hundred and fifty-seven: Provided, That the land to be so located by virtue of this section may be selected within twenty miles of the line of said road, but in no case at a greater distance therefrom. APPROVED, May 12, 1864. 1857, ch. 99. Vol. xi. p. 195. Lands may be selected, where. - May 12, 1864. CHAP. LXXXV. An Act concerning the Disposition of Convicts in the Courts of the United States, for the Subsisting of Persons confined in Jails charged with violating the Laws of the United States, and for diminishing the Expenses in Relation thereto. Convicts in courts of the United States, how to be disposed of. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons who have been, or who may hereafter be, convicted of crime by any court of the United States not military- the punishment whereof shall be imprisonment, in a district or territory where, at the time of such conviction, there may be no penitentiary or other prison suitable for the confinement of convicts of the United States, and available therefor, shall be confined during the term for which they have been or may be sentenced, in some suitable prison in a convenient state or territory to be designated by the Secretary of the Interior, and shall be transported and delivered to the warden or keeper of the prison by the marshal of the district or territory where such conviction shall have occurred; or if such conviction be had in the District of Columbia, then and in such case the transportation and delivery shall be by the warden of the jail of said district; the reasonable actual expense of transportation, necessary subsistence and hire, and transportation of guards and the marshal, or the warden of the jail in the District of Columbia, only, to be paid by the Secretary of the Interior, out of the judiciary fund: Provided, That if, in the opinion of the Secretary, the expense of transportation from any state, territory, or the District of Columbia, in which there is no penitentiary, will exceed the cost of maintaining them in jail in the state, territory, or the District of Columbia during the period of their sentence, then it shall be lawful so to confine them therein for the period designated in their sentence. in the District of Columbia. Proviso. authorities for the Secretary of SEC. 2. And be it further enacted, That it shall be the duty of the Interior to conSecretary of the Interior to contract with the managers or proper author- tract with state ities having the control of such prison or prisoners, for the imprisonment, subsistence, emsubsistence, and proper employment of all such prisoners, and to give the ployment, &c., court having jurisdiction of such offences, in said district, notice of the of such prisoners, and to notify prison where such persons will be confined if convicted. the court. Actual reason able costs of subsisting prisoners to be paid. SEC. 3. And be it further enacted, That hereafter there shall be allowed and paid by the Secretary of the Interior, for the subsistence of prisoners in the custody of any marshal of the United States and the warden of the jail in the District of Columbia, such sum only as it shall reasonably and actually cost to subsist them. And it shall be the duty of the Secretary of the Interior to prescribe such rules and regulations for the government Rules, &c., of the marshals and the warden of the jail in the District of Columbia, in therefor. relation to their duties under this act, as will enable him to determine the actual and reasonable expense incurred. Execution in Construction of this and of 1864, ch. 16. Ante, p. 12. SEC. 4. And be it further enacted, That it shall be the duty of the warden of the jail in the District of Columbia, whenever any person con- capital cases. fined in said jail shall be adjudged to suffer death, to carry such judgment into execution; but nothing in this act nor "An act to authorize the appointment of a warden of the jail in the District of Columbia," approved of the act. February twenty-nine, eighteen hundred and sixty-four, shall be construed to impair or interfere with the authority of the marshal of the said district to commit persons to said jail, or to produce them in open court or before any judicial officer when thereto required. And it shall be the duty of the warden of said jail to receive such prisoners, and to deliver them to said marshal or his duly-authorized deputy, on the written request of either, for the purpose of taking them before any court or judicial officer as aforesaid. Office of war SEC. 5. And be it further enacted, That the office of warden of the penitentiary in the District of Columbia shall, from and after the passage den of penitentiary in Disof this act, be suspended, and the salary and emoluments thereof cease, trict of Columduring the time in which there shall be no penitentiary used in said bia suspended. district. APPROVED, May 12, 1864. CHAP. LXXXVI. -An Act relating to Appointments in the Naval Service and Courts- May 16, 1864. in the volunteer Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter all appoint- Appointments ments in the volunteer naval service of the United States, above the rank naval service to of acting master, shall be submitted to the Senate for confirmation, in the be sent to Senate same way and manner as appointments in the regular navy are required for confirmation. to be submitted. SEC. 2. And be it further enacted, That naval courts-martial shall have Power of naval power to sentence officers who shall absent themselves from their com- courts-martial. mands without leave, to be reduced to the rating of ordinary seamen. APPROVED, May 16, 1864. May 17, 1864. 1865, ch. 89, § 11. Post, p. 506. Money-order offices established at designated post-offices. Orders for money may be issued. Notice to drawee. Amount of order and fees to be first deposited. Penalty. Order to be pared blank form. Applications, CHAP. LXXXVII. An Act to establish a Postal Money-Order System. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to promote public convenience, and to insure greater security in the transfer of money through the United States mails, the Postmaster-General is hereby authorized to establish, under such rules and regulations as he may find expedient and necessary, a uniform money-order system at all post-offices which he may deem suitable therefor, and which shall be designated and known as "Money-Order Offices;" and it shall be the duty of the deputy postmaster at every money-order office to issue, in such manner and form as the Postmaster-General may prescribe, an order for a sum of money payable by the deputy postmaster of any other money-order office which the person applying therefor may select; and the deputy postmaster who issues such order shall be required to send through the mails, without delay, to the deputy postmaster on whom it is drawn, due notice thereof, and he shall not deliver such order to the applicant therefor until the latter shall first have deposited with him the amount of money for which such order is drawn, together with the proper charge or fee therefor, as hereinafter provided. And it shall not be lawful for any deputy postmaster to issue a money-order on any other deputy postmaster without having previously received the money therefor; and any person who shall violate this provision shall be deemed guilty of misdemeanor, and on conviction thereof shall be fined in any sum not less than fifty nor more than five hundred dollars. SEC. 2. And be it further enacted, That a money-order shall not be written on a pre- valid or payable unless it be drawn on a printed or engraved form, which shall be furnished to the money-order offices by the Postmaster-General; and it shall be the duty of the latter to supply such offices also with the blank forms of application for money-orders, one of which the deputy postmaster shall hand to each applicant for a money-order, who shall be required to enter, or cause to be entered, therein his own name and the name and address of the party to whom the order is to be paid, together with the amount thereof and the date of application. And all such applications, when filled up and delivered to the deputy postmaster, shall be preserved on file at his office for such length of time as the PostmasterGeneral may prescribe. to be filed and preserved. Orders not to than $1 nor more than $30. SEC. 3. And be it further enacted, That no money-order shall be be issued for less issued for any sum less than one or more than thirty dollars; and all persons who receive money-orders shall be required to pay therefor the folFees for orders. lowing charges or fees, viz: For an order for one dollar, or for any larger sum, but not exceeding ten dollars, a fee of ten cents shall be charged and exacted by the postmaster giving such order; for an order of more than ten and not exceeding twenty dollars, the charge shall be fifteen cents; and for every order exceeding twenty dollars a fee of twenty cents shall be charged. Orders may be changed, when, &c. SEC. 4. And be it further enacted, That if the purchaser of a moneyorder, from having made an error in stating the name of the office of payment, or the name of the payee, or for other reasons, be desirous that the said money-order be modified or changed, it shall be the duty of the deputy postmaster from whom he received it to take back, at his request, the first order, and issue another in lieu thereof, for which a new fee shall be charged and exacted; and it shall also be the duty of a deputy postmasAmount when ter to repay the amount of any money-order to the person who obtained it, if the latter apply for such repayment and return the money-order ;. but the charge or fee paid therefor shall not in any case be refunded. repaid. Order to be presented for payment in ninety days. SEC. 5. And be it further enacted, That if any money-order be not presented to the deputy postmaster on whom it is drawn within ninety days after its date, it shall not be valid or payable; but the PostmasterGeneral shall be, and he is hereby, authorized, on application of the |