760.

eighteen hundred and thirty-eight,* be, and the same is See vol. 9, p. hereby, further extended to the first day of July, in the year eighteen hundred and forty-nine, until which time said act shall be in full force, for the sole purpose of enabling the president and directors of the said bank, for the time being, to close its affairs: Provided, That said bank shall not exercise any banking privileges, or any other powers, except to collect and pay its debts, and close up its business. Approved, March 2, 1847.

CHAP. 39.-AN ACT to amend an act entitled "An act to provide for the payment of horses or other property lost and destroyed in the military service of the United States," approved the eighteenth day of January, eighteen hundred and thirty-seven.†

+See vol. 9, p.

585.

ons and teams

[SEC. 1.] Be it enacted by the Senate and House of Repre- The claims of sentatives of the United States of America in Congress as- owners of wag sembled, That the above recited act be so amended as to who have lost embrace the claims of all owners of wagons or teams, who horses, &c. prosustained, or shall sustain damage or injury from the loss of vided for. any horse, mule, or wagon, cart, boat, sleigh, or harness, while such property was in the military service of the United States either by impressment or contract, and the same has been destroyed or abandoned by the order of the commanding general, the commanding officer, or wagon-master, or otherwise lost or destroyed by unavoidable accident, without any fault or negligence of the owner, and when he was in the line of his duty; such owner shall be allowed and paid the value thereof at the time he entered the service.

SEC. 2. And be it further enacted, That the accounting Deductions in officers of the treasury, in auditing and settling the claims auditing & settling accounts. under this act, and the one to which this is amendatory, shall make no other deductions from the claim, on account of former payments, than for the use and risk and forage advanced for the horse actually lost by the claimant, and before he was again remounted, or for clothing to which he was not entifled by law.

other acts relat

from 3rd Mar.,

SEC. 3. And be it further enacted, That an act entitled Act of 18th Jan. "An act to provide for the payment of horses and other pro- 1837, and all perty lost in the military service of the United States," ap- ing to same subproved the eighteenth of January, eighteen hundred and ject, continued thirty-seven, and all other acts or parts of acts relating to for two years the same subject, be, and the same are hereby, continued in 1847, &c. force for the period of two years from and after the third day of March, eighteen hundred and forty-seven, and nothing contained in any former act shall be so construed by the accounting officers of the treasury as to prevent the presentation and adjustment of all the claims the payment of which

is provided for by any of these several acts, within the time above specified.

Approved, March 2, 1847.

CHAP. 40.—AN ACT for the increase of the Marine Corps of the United
States.

[SEC. 1.] Be it enacted by the Senate and House of Rep resentatives of the United States of America in Congress asAdditional offi-sembled, That from and after the passage of this act, the cers, non-com- United States marine corps as now organized shall consist cers, musicians of four additional captains, four first lieutenants, four second and privates au- lieutenants, twenty-five sergeants, twenty-five corporals, thorized. twenty-five drummers, twenty-five fifers, and one thousand additional privates.

missioned off

Officers, how to SEC. 2. And be it further enacted, That the officers thus be appointed. provided for shall be appointed first by promotion according to rank in the marine corps, and then by selection; and that their nominations shall be submitted to the Senate for their advice and consent.

1834, made ap

this act.

104.

Proviso.

Provisions of SEC. 3. And be it further enacted, That the provisions of act of June 30, an act passed the thirtieth of June, eighteen hundred and plicable to the thirty-four, entitled "An act for the better organization of provisions of the United States marine corps, be, and the same are See vol. 9, p. hereby, made applicable in all respects to the provisions of this act: Provided, however, That, notwithstanding any thing in said act to the contrary, the staff of the marine corps be, and the same is hereby, separated from the line of said corps; the officers of the former to receive the same pay and emoluments they now receive by law, and to hold the same assimilated rank, to wit: quartermasters, paymasters and adjutants and inspectors, the rank of major, and assistant quartermasters the rank of captain.

When said corps

SEC. 4. And be it further enacted, That the President, at shall be reduc- the termination of the Mexican war, shall reduce the marine corps tó a number, both in men and officers, not exceeding the number now in service.

ed.

Approved, March 2, 1847.

CHAP. 41.-AN ACT for the relief of Hobson Johns.

[SEC. 1.] Be it enacted by the Senate and House of Rep resentatives of the United States of America in Congress asSecretary of the sembled, That the Secretary of the Navy be, and he hereNavy to audit by is, authorized and directed to audit and adjust the acand adjust his account. count of Hobson Johns for tobacco furnished the navy

under his contract with the department, in the year eighteen hundred and forty-five, and if the said Secretary shall be satisfied that said Johns entered into said contract under a mistake as to the standard sample furnished by the department, in consequence of a new and superior sample having been substituted by the department for the one originally shown said Johns, of which substitution he was, at the time of making said contract, ignorant, the said Secretary shall allow said Johns such further compensation over and above Such the price stipulated in said contract, as shall be just and compensation to equitable; which allowance, when so ascertained, the Sec- as is just and retary of the Treasury is hereby directed to pay out of any equitable. money in the treasury not otherwise appropriated. Approved, March 2, 1847.

farther.

be allowed him

CHAP. 42.-AN ACT for the relief of Elijah White, and others.

authorized to

es, not exceed.

[SEC. 1.] Be it enacted by the Senate and House of Rep resentatives of the United States of America in Congress assembled, That the Secretary of War be authorized to pay to Secret'y of War Elijah White, Charles Saxton, Orris Brown, M. S. Chapman, pay them the the respective losses sustained by them, not exceeding in amount of their the aggregate the sum of one thousand and eighty-one dol- respective losslars, being the value of property forcibly taken from them ing in the ag by the Pawnee Indians at or near the head of Grand island, gregate $1,081. on the Platte or Nebraska river; and that the sum of one thousand and eighty-one dollars be, and the same is hereby appropriated, out of any moneys in the treasury not otherwise appropriated, for the purpose aforesaid. Approved, March 2, 1847.

CHAP. 43.—AN ACT for the relief of the Bank of Metropolis.

di. rected to pay

interest

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is Secretary of the hereby, authorized and directed to pay to the Bank of the Treasury Metropolis the sum of three thousand three hundred and Bank of Metroseventy-one dollars and ninety-four cents, with interest there- polis $3,371 94, on from the sixth day of March, one thousand eight hundred with and thirty-eight; which sum and interest, in an action com- 1838. menced by the United States, at the instance of the Post Office Department, in the circuit court of the District of Columbia, for the county of Washington, against the said bank, to recover the amount of money therein on deposite at the credit of the Treasurer of the United States, for the service

from 6th March,

of said Departinent, and in which action the said bank filed, by way of set-off, certain demands arising from acceptances of said Department in favor of certain contractors, discounted and held by the bank, and protested for non-payment; and also, a certain demand arising from an over draft made on said bank by the agent for disbursing the fund appropri ated for the contingent expenses of said Post Office Department, was found by the jury, under instructions from the court, to be due from the United States to the said bank; and on which finding, a writ of error was taken by the United States from the judgment of the said court, and the said judgment affirmed by the Supreme Court of the United States, at January term, eighteen hundred and forty-one. Treasurer di- SEC. 2. And be it further enacted, That the Treasurer of rected to credit the United States be, and he is hereby, authorized and ditropolis for the rected to credit the said Bank of the Metropolis for the amounts charg- amounts charged by it in his account therewith, for the sered by it in his vice of the said Post Office Department, under date of the tenth day of October, eighteen hundred and thirty-seven, the same being the amounts of said set-offs, so established in said action, as follows, to wit:

the Bank of Me

account there

with.

Reeside of Oct.

For acceptance For one acceptance in favor of James Reeside, contractor, in favor of Jas. dated seventeenth October, eighteen hundred and thirty-five, 17, 1835, for at ninety days, for four thousand five hundred dollars, with interest to tenth October, eighteen hundred and thirty-seven, and cost of protest, four thousand nine hundred and sixtysix dollars and seventy-five cents;

$4,500, &c.,

$4,966 75.

For acceptance

For one acceptance in favor of James Reeside, contractor, in favor of Jas. dated twentieth October, eighteen hundred and thirty-five, Reeside, dated Oct. 20, 1835, at ninety days, for one thousand dollars, with interest to tenth for $1,000, &c, October, eighteen hundred and thirty-seven, and cost of protests, one thousand one hundred and five dollars and twentyfive cents;

$1,105 25.

For acceptance

For one acceptance in favor of James Reeside, contractor, in favor of Jas, dated twenty-third October, eighteen hundred and thirty-five, Reeside, dated Oct. 3, 1835, at ninety days, for four thousand five hundred dollars, with for $4,500, &c., interest to tenth October, eighteen hundred and thirty-seven, $4,969 75. and cost of protest, four thousand nine hundred and sixtynine dollars and seventy-five cents;

For acceptance

Reeside, dated

For one acceptance in favor of James Reeside, contractor, in favor of Jas, dated twenty-eighth October, eighteen hundred and thirty18 Oct., 1835, five, at ninety days, for three thousand dollars, with interest for $3,000, &c., to tenth October, eighteen hundred and thirty-seven, and $3,321 25. cost of protest, three thousand three hundred and twenty-one dollars and twenty-five cents;

For acceptance

win Porter, da

For one acceptance in favor of Edwin Porter, dated twenin favor of Ed-ty-fourth April, eighteen hundred and thirty-five, at ninety ted, 4 Apr. 35, days, for ten thousand dollars, with interest to tenth Octofor $10,000,&c., ber, eighteen hundred and thirty-seven, and cost of protest,

$11,355 08.

eleven thousand three hundred and fifty dollars, and eight cents;

For overdraft of Edmund F. Brown, agent for disbursing For overdraft the contingent fund of the Post Office Department, six hun- by Edmund F. dred and eleven doilars and fifty-two cents.

Brown.

Post Office De

And that the Auditor of the Treasury for the Post Office Auditor for the Department be, and he is hereby, directed to allow a corres- partment to alponding credit to the said Treasurer for the amounts so to low a be charged in his account for the service of the said Depart-ponding credit

ment.

corres

the Treasurer.

SEC. 3. And be it further enacted, That the amount of the said five acceptances of the said Department, for which it was adjudged by the said circuit and Supreme Courts that the United States were liable in law, and for which it appeared no service had been rendered by the said contractors to the said Department, and the amount of the overdraft of said agent, in respect to a fund not chargeable to the revenues of said Department, the Secretary of the Treasury Amount to be be, and he is hereby, directed to reimburse and to the reimbursed

pay

said Treasurer less the said sum of three thousand three hundred and seventy-one dollars and ninety-four cents, directed to be paid by the first section of this act, in order that the said amount may be replaced to his credit in the proper depository for the service of the Post Office Department, and that the said sums so to be paid to the said bank, and reimbursed to the Treasurer of the United States, be, and the same are hereby, appropriated, out of any moneys in the treasury not otherwise appropriated.

Treasurer.

to

charged to con

SEC. 4. And be it further enacted, That the said Auditor Amounts of acof the Treasury for the Post Office Department be, and he ceptances to be is hereby, directed to charge the amounts of the said accep- tractors. tances to the contractors, respectively, in whose favor they were severally given; and that the Comptroller of the Treasury be, and he is hereby, directed to charge the amount of Am'nt of overthe said overdraft to the said agent for disbursing the con- draft tingent fund of the Post Office Department. Approved, March 2, 1847.

to be

charged to said agent.

CHAP. 44.-AN ACT confirming the claim of the heirs and legal representatives of Pierre Dufresne to a tract of land.

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

ed.

sembled, That the claim of the heirs and legal representatives Claim to a tract of Pierre Dufresne to a tract of land situate on the bayou of land confirmSiard, in the State of Louisiana, containing six acres in front, with a depth of forty acres, bounded on the west by the lands of Francis Duval, be, and the same is hereby, confirmed: