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Description of building to be erected.

city of Washington, belonging to the United States, which said regents may select, by and with the consent of the persons herein named; and the said ground so selected shall be set out by proper metes and bounds, and a description of the same shall be made and recorded in a book to be provided for that purpose, and signed by the said regents, or so many of them as may be convened at the time of their said organization; and such record, or a copy thereof, certified by the chancellor and secretary of the board of regents, shall be received in evidence in all courts of the extent and boundaries of the lands appro priated to the said institution; and upon the making of such record, such site and lands shall be deemed and taken to be appropriated by force of this act to the said institution.

SEC. 5. And be it further enacted, That, so soon as the board of regents shall have selected the said site, they shall cause to be erected a suitable building, of plain and durable materials and structure, without unnecessary ornament, and of sufficient size, and with suitable rooms or halls for the reception and arrangement, upon a liberal scale, of objects of natu ral history, including a geological and mineralogical cabinet; also a chemical laboratory, a library, a gallery of art, and the Board of Re- necessary lecture rooms; and the said board shall have authorgents authoriz; ity, by themselves, or by a committee of three of their members, for the erection to contract for the completion of such building, upon such plan building. as may be directed by the board of regents, and shall take suffi.

ed to contract

of a suitable

Proviso.

cient security for the building and finishing the same according to the said plan, and in the time stipulated in such contract; and may so locate said building, if they shall deem it proper, as in appearance to form a wing to the Patent Office building, and may so connect the same with the present hall of said Patent Office building, containing the national cabinet of curiosities, as to constitute the said hall in whole or in part the deposite for the cabinet of said institution, if they deem it expedient to do so: Provided, said building shall be located upon said Patent Office lot, in the manner aforesaid: Provided, however, That the whole expense of the building and enclo sures aforesaid shall not exceed the amount of dollars; which sum is hereby appropriated, payable out of money in the Treasury not otherwise appropriated, together with such sum or sums out of the annual interest accruing to the institution as may, in any year, remain unexpended, after paying the Duplicates of current expenses of the institution. And duplicates of all such deposited with contracts as may be made by the said board of regents shall be the Treasurer. deposited with the Treasurer of the United States; and all

contracts to be

claims on any contract made as aforesaid shall be allowed and certified by the board of regents, or the executive committee thereof, as the case may be, and, being signed by the chancellor and secretary of the board, shall be a sufficient voucher for setEmployment of tlement and payment at the Treasury of the United States. necessary su. And the board of regents shall be authorized to employ such perintendents authorized. persons as they may deem necessary to superintend the erection

of the buildings and fitting up the rooms of the institution. And all laws for the protection of public property in the city of Washington shall apply to, and be in force for, the protection of the lands, buildings, and other property of said institution. And all moneys recovered by, or accruing to, the institution, Moneys accrushall be paid into the Treasury of the United States, to the ing to the Insticredit of the Smithsonian bequest, and separately accounted into the Treasfor, as provided in the act approved July first, eighteen hun-ury. dred and thirty six, accepting said bequest.

tution to be paid

All objects of art, natural his

U. S. in Wash

ranged in said

SEC. 6. And be it further enacted, That, in proportion as suitable arrangements can be made for their reception, all ob- tory, plants,&c. jects of art and of foreign and curious research, and all objects belonging to the of natural history, plants, and geological and mineralogical spe- ington to be decimens, belonging, or hereafter to belong, to the United States, posited and arwhich may be in the city of Washington, in whosesoever cus- building. tody the same may be, shall be delivered to such persons as may be authorized by the board of regents to receive them, and shall be arranged in such order, and so classed, as best facilitate the examination and study of them, in the building so as aforesaid to be erected for the institution; and the regents of New specimens said institution shall afterwards, as new specimens in natural as obtained to be also approhistory, geology, or mineralogy, may be obtained for the mu- priately classed seum of the institution, by exchanges of duplicate specimens and arranged. belonging to the institution, (which they are hereby authorized to make,) or by donation, which they may receive, or otherwise, cause such new specimens to be also appropriately classed and Farranged. And the minerals, books, manuscripts, and other Minerals, books, property of James Smithson, which have been received by the &c. the proper Government of the United States, and are now placed in the son, now in DeDepartment of State, shall be removed to said institution, and pariment shall be preserved separate and apart from the other property moved to said of the institution.

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charge of build.

SEC. 7. And be it further enacted, That the secretary of the Secretary of board of regents shall take charge of the building and property board shall take of said institution, and shall, under their direction, make a fair ings, &c. and and accurate record of all their proceedings, to be preserved in make a record of proceedings; said institution; and the said secretary shall also discharge the to have charge duties of librarian and of keeper of the museum, and may, with of library, &c. and employ asthe consent of the board of regents, employ assistants; and the sistants. said officers shall receive for their services such suin as may be Compensation allowed by the board of regents, to be paid semi-annually on movable by the the first day of January and July; and the said officers shall board. be removable by the board of regents whenever, in their judg ment, the interests of the institution require any of the said officers to be changed.

of officers-re

SEC. 8. And be it further enacted, That the members and Members and honorary members of said institution may hold such stated and honorary membera may hold special meetings, for the supervision of the affairs of said insti- stated and spe tution and the advice and instruction of said board of regents, to be called in the manner provided for in the by-laws of said institution, at which the President, and in his absence the Vice

cial meetings.

Annual appro- President, of the United States shall preside. And the said re. priation for the gradual forma- gents shall make, from the interest of said fund, an appropriation of a library tion, not exceeding an average of twenty-five thousand dollars annually, for the gradual formation of a library composed of valuable works pertaining to all departments of human knowledge.

Managers au.

Sec. 9. And be it further enacted, That of any other moneys thorized to dis- which have accrued, or shall hereafter accrue, as interest upon pose of unappropriated inte- the said Smithsonian fund, not herein appropriated, or not rerest fund. quired for the purposes herein provided, the said managers are hereby authorized to make such disposal as they shall deem best suited for the promotion of the purpose of the testator, any thing herein contained to the contrary notwithstanding.

Persons taking out copy-rights

with Librarian

SEC. 10. And be it further enacted, That the author or profor books, &c. to Prietor of any book, map, chart, musical composition, print, cut, deposite a copy or engraving, for which a copyright shall be secured under the of Institute, and existing acts of Congress, or those which shall hereafter be ena copy with Li-acted respecting copyrights, shall, within three months from brarian of Con- the publication of said book, map, chart, musical composition, print, cut, or engraving, deliver, or cause to be delivered, one copy of the same to the librarian of the Smithsonian Institution and one copy to the librarian of Congress Library, for the use of the said libraries.

gress.

Right reserved

pealing this act. Proviso.

SEC. 11. And be it further enacted, That there is reserved of altering or re- to Congress the right of altering, amending, adding to, or repealing any of the provisions of this act: Provided, That no contract, or individual right, made or acquired under such provi sions, shall be thereby divested or impaired.

Approved, August 10, 1846.

eys disbursed

CHAP. 179.—AN ACT authorizing the payment of certain claims of the State

of Alabama,

[SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as sembled, That there be paid to the State of Alabama, out of Appropriation to pay State of any money in the Treasury not otherwise appropriated, the Alabama mon-sum of thirteen thousand four hundred and fifty-five dollars for subsistence, and thirty-two cents, for moneys paid by the said State for sub&c. of Alabama sistence, supplies, and services of her local troops, and for pro troops, and for visions and forage furnished the friendly Indians during the forage furnish-Creek and Seminole hostilities, in the years eighteen hundred ed to friendly and thirty-six and eighteen hundred and thirty-seven.

provisions and

Indians.

Approved, August 10, 1846.

CHAP. 180.—AN ACT to provide for the payment of the evidences of public debt in certain cases.

Treasury to re

which

have been stol

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever it shall appear, to the satisfaction of Secretary of the Secretary of the Treasury, upon due proof taken in the deen treasury manner hereinafter directed, that any treasury note which has notes been, before the passage of this act, received or redeemed by en and put into any authorized officer of the government has been subsequent- circulation and ly purloined or stolen, and put into circulation, without having not cancelled. upon it any evidence or marks of having been cancelled, and has been received by any person or institution, for a full consideration, in the usual course of business, without notice or knowledge of the same having been redeemed or received as aforesaid, or having been cancelled, or having been purloined or stolen as aforesaid, and without any circumstances existing to create suspicion of the good faith or due caution with which the same may have been received by such person or institution, he shall be, and hereby is, authorized to cause the amount of such note to be paid to the innocent holder thereof, out of any money in the treasury not otherwise appropriated Provided, Proviso-naThat the facts upon which any such payment shall be made required shall be proved by the oath or affirmation of a credible witness prove the facts or witnesses, taken before any judge of the United States, or of the highest court of record, or of the presiding judge of any court exercising unlimited jurisdiction in amount, of any State, Territory, or district, and of the taking of which testimony due notice shall previously be given to the district attorney of the United States for the district in which such testimony is taken, who shall be at liberty to appear and propound questions to such witnesses; all which evidence shall be transmitted to the Secretary of the Treasury, and preserved in his department; and all wilful false swearing, upon such examination, shall be and hereby is declared to be, perjury, and liable to the punishment for that offence prescribed by the laws of the United States: And provided further, That a statement of all treasury Statement to be notes paid under the provisions of this act, within the preced. Congress. ing year, shall be submitted to Congress with the annual report of the Secretary of the Treasury in relation to the finances.

ture of evidence

submitted

to

to

agents of U. S.

such notes to be with

SEC. 2. And be it further enacted, That when any officer Officers and or agent of the United States, duly authorized to receive, redeem, who have or or cancel any treasury notes issued by authority of law, may receive has received, or shall receive, or has paid, or shall pay, any credited treasury note which had been previously received or re- their amount. deemed by any officer or agent having authority to receive or redeem such note, and which had subsequently thereto been purloined and put into circulation, the Secretary of the Treasury, upon full and satisfactory proof that the same had been received or paid in good faith, and in the exercise of ordinary prudence, may allow a credit for the amount of such note to the officer or agent so receiving or paying the same; and all

Credits made credits which have, before the passage of this act, been allowed to be sanction- in such cases, and under such circumstances, are hereby sanc

ed.

tioned..

Repeal of acts SEC. 3. And be it further enacted, That all acts and parts supplied by this act if not acted of acts heretofore enacted, which are supplied by this act, so far on; if acted on, as the same may not have been acted on are hereby repealed, and so far as they may have been acted on, they are ratified and confirmed.

ratified & confirined.

Approved, August 10, 1846.

authorized 10

CHAP. 181.-AN ACT for the relief of the heirs and legal representatives of
Richard C. Allen, deceased.

[SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as

Heirs or legal sembled, That the heirs or legal representatives of Richard C. representatives Allen, deceased, late of the Territory (now State) of Florida, enter and pa be authorized to en'er and patent, under such regulations as tent one section the Secretary of the Treasury may prescribe, one section of pubof land in Flo-lic land, according to legal sub divisions, subject to sale in the State of Florida, to which there may be no pre-emption right, in full satisfaction of all claims for the services and expenses of said Allen in locating lands reserved for a seminary of learning in said State.

rida.

War authorized

Approved, August 10, 1846.

CHAP. 182. AN ACT to allow Elijah White reimbursement of expenses incurred by him as acting sub-agent of Indian Affairs west of the Rocky Mountains.

[SEC. 1.] Be it enacted by the Senate and House of Rep resentatives of the United States of America in Congress as Secretary of sembled, That the Secretary of War be authorized and required to audit, allow, to allow and pay to Elijah White, and that he be also authori and pay the ac- zed and required to audit, allow, and pay the accounts of said count of Elijah White on prin. White, presented to the War Department for payment upon the ciples of equity principles of right and justice, and that the sum of two thousand Appropriation. one hundred and seventy-six dollars and fifty-nine cents be, and the same is hereby, appropriated out of any moneys in the Treasury not otherwise appropriated for the purposes aforesaid. Approved, August 10, 1846.

and justice.

CHAP. 183.-AN ACT for the relief of Abraham Horbach.

[SEC. 1.] Be it enacted by the Senate and House of Rep resentatives of the United States of America in Congress asSecretary of sembled, That the Secretary of the Treasury be, and he is authorized to hereby, authorized and directed to pay to Abraham Horbach,

the Treasury

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