Farmers' gazette, and Cheraw advertiser. (Cheraw, S.C.) 1839-1843, September 13, 1842, Page 380, Image 2
LAWS OF THE UNITED STATES j
Faffed at the '2d Session vf the 27th Congress.
?
[BY Al*Tli??IlITY.]
[IYhlic?No. 5r*.]
AN ACT further supplementary to an net entitled
44 An act to establish the judicial courts of ,
the Inited States," passed the twentv-fourth
ni September, seventeen hundred and eighty- j
nine.
He it enacted by the Senate and House of Re- j
preventatives of the United States of America in
Congress assembled, That the commissioners who j
liliog libels., bills, answers, anil other proceedings
and pleadings, in suits at common law or in ad- i
miralty and in equity, pending in the siid courts, (
and also the forms and modes of taking and obtaining
evidence, an 1 of obtaining dis.-overv, and
rT'i'T??lly the forms and mocks of proceeding to
??St :n r?lief, ond tiie forms and modes of drawing 1
j
up, entering, and enrolling decrees, and the forms ,
and modes o' proceeding before trustees appointed ;
b, the court, and generally to regulate the whole .
practice of the s.ud courts, so as to prevent delays,
and to promote brcvjty and succinctness in all
pleadings and proceedings therein, and to abolish j
ad unnecessary costs and expenses in any suit j
therein.
See. 7. .!. ?/ be it further enacted, Thit, for
the purpose 0f farther diminishing the costs and ,
e^p-ns's in suits and proceedings in the said j
eou-ts, the Supreme Court shall have lull power
and authority, fn in time to time, to make and
i r- ?cril>c r- gelations to the said district and cir.
?*uit courts, as tothr taxation anu payment of costs ,
in all suits and proceedings therein; and to make 1
and prescribe a table of the various items of costs
which shall be taxable and allowed in all suits, to
the parties, their attorneys, solicitors, and proctors, j
t'? the clerk of the court, to tiie marshal of the j
district and hie. drputi-. s, and other oflicere serving ^
process to w itnessi s, and to ail oitit-r persons
'v}?oh <crvjc? ? art u-anllv t ixablt- in bills of costs. !
>\k I tin itc-ms so stated in the said tabic, and none
I
< c!? ill be tit il'Jo or allowed in bills of wis; j
and th? \ thai! b?* fue l as ]ow as they reasonably j
can be, * *h a dee regard in the nature of the j
'iutie* and scrvicn v.-bi -b chat I bo performed by
the various ogee's and persons a'ore Fa id, and j
shall ni no en*, exceed tha eort? rim! expenses
no a authorized, where the -amc ire prowled for!
J> ; vlistiOjTl iw .T, j
now are, or herea Her nwy bo, appointed Dy me
circuit courts of the United States to take acknowledgments
of bail and affidavits, and also to
take depositions of witnesses in civil causes, shall
and may exercise all the powers that any justice .
of the peace or other magistrate of any of the j
United States may now exercise, in respect to offenders
for any crime or offence against the United
States, by arresting, imprisoning, or bailing
the same, under and by virtue of the thirty-third
section of the act of the twenty-fourth ol Sen- j
tember, Anno Domini seventeen hundred and !
. i
eighty-nine, entitled " An act to establish the judicial
courts of the United States;' and who shall j
and may exercise all the powers that any judge or (
justice of the peace may excrcis under and in virtue
of the 6ixth section of the act passed the
twentieth of July, Anno Dumini seventeen hun- I
dred and ninety, entitled " An act for the govern,
ment and regulation of seamen in the merchant j
errice."
Sec. 2. And he it further enacted, That in
*11 hearings before any justice or judge of the United
States, or any commissioner appointed as ;
aforesaid, under and in virtue of the said thirty- {
third section of the act entitled " An act to establish
the judicial courts of the United Stit.-s,"*
it shall be lawful for such justice, judge, or commissioner,
where the crime or offence is charged
to have been committed on the high seas or else.
. . i
where within the admirality and maritime jurisdiction
of the United States, in his discretion to
a recognizance of any witness produced i:fr
bet all* of the accused, with such surety or sureties i
in he may judge necessary, as well as in behalf of ,
ahe United States, for their appearing and giving j
testimony at the trial of the cause, whose testimonv,
in his opinion, is important for the purpose
of justice at the triil of the cause, and is in danger
of being otherwise lost; and surii witnesses shall
be entitled to receive from the United States the
usual compensation allowed to Government witJ90*jc*
for their detention and attendance, if they ;
shall appear aud be ready to give testimony at the 1
trial.
See. 3.\-1jii2 be it farther enacted, Tint the
district courts of the United States shall have coh- ]
current jurisdiction with the circuit courts of all
crimes and offences against the United States
the punishment of which is not capital. And in \
such of the districts where the business of the I
court may require it to be done for the purposes i
of justice and to prevent undue expenses and de-I
lavs in the trial of criminal causes, the said din- '
trict courts shall hold monthly adjournments of \
the regular terms thereof for the trial and hearing
of such caust.6.
Sec. 1. And be it further enacted, That, in
lh-u of the punishment now prescribed by the
sixteenth section of the act of C'-ongress entitled ,
" Aii act for the punishment of certain crim? 6
against the United States," p issed on the thirti- i
eth dav of April, Anno Domini one thousand
seven hundred an 1 ninety, f?" the offences in
tk? ttiid section mentioned, the punishment of
' i
the offender, upon conviction thereof, shall be ly
fjiu- not exceeding one thousand dollars, or by imprisonment
not exceeding one year, or by both, ac- *
Cording to the nature and aggravation of the of.
??nce.
.Sec. 5. And be it further enacted, That the ;
d strict courts as courts of admiralty, and the circuit
courts as courts of equity, shall be deemed !
a.ways open for t!ie purpose of tiling libels, bills, ;
p? titio.ns, answers, pie is, and other pleadings, for
i^uing and returning mesne and final process and
c admissions, and for making and directing all in- j
t< rlocutaiy motions, orders, rules, and other pro- j
ceeJings whatever, preparatory to the hearing of
all c.iuscs pending therein upon tluir merits. And
it sh ill be competent for any judge of the court,,
upon reasonable notice to the parties, in the clerk's 1
I'tK-i.: or at chambers, and in vacation as well as
iu term, to make and direct, and award all such '
process, commissioners, and interlocutory orders,
nil' s, and other proceeding, whenever the same
are not grantable of course according to the rules
and practice of the cotrt.
Sec. ti. And be it further enacted, That the ;
Suprciui Court shall have full power and authority, ;
from time to time, to prcsuib., and alter the forms !
pf writs and other process to be used and issur'1
in the district and circuit cou. ts of the United :
SVjt. s. nnd the forms and mod'.s of framing and j
See. 8. A id be it further enacted', That on '
ill judgments in civil cases, hereafter recovered
in the circuit or district courts oftheUnited States
interest shall be allowed, and may be levied by the |
marshal, under process of execution issued hereon, I
in all css< s where, by the law of the State in which
such circuit or district court shall be held, interest
may be levied under process of execution, on
judgments recovered in the courts of such State,
to be calculated from the date of the judgment,
and at such rate per annum as is allowed by law
in judgments recovered in the courts of such State.
JOHN WHITE,
Speaker of the Jfousc of Representatives.
WILLIE I\ MANGUM,
President of the Senate pro tempore.
Approved, August 23, 1612.
JOHN TYLER.
[Pi:bljc?No. 59.]
AN ACT making an appropriation to supply a
deficiency in the navy pension fund.
Be it enacted by the Senate and House of Re.
preventatives of the United States of America,
tn Congress assembled, That the sum of
eighty-four thousand nine hundred and fiftyone
dollars be, an 1 the same is hereby,
appropriated, out of any money in the
Treasury not otherwise appropriated, to supply
any deficiency which may exist in the navy pension
fund, for the payment of the semi-annual
navy pensions which will be due on the first day
of July, eighteen hundred and forty-two.
Sec. 2. And be it further enacted, That the
act entitled 41 An act to provide for the more
e.jui'ablc admini Oration ofthe navi pension fund,"
approved March third, eighteen hundred and thirty-seven,
be, and the same is hereby, repealed,
from and after the first day of July, eighteen hundred
and forty-two; and all pensions to officers
and seamen in the naval service shall be regulated
according to the pay of the navy as it existed on
the first day of January, one thousand eight hundred
and thirty-five.
Sec. 3. And be it further enacted, That so
much of an act entitled 44 An act directing the
and mustered : I'rori&ca, i nai none 01 me troops
herein specified shall be paid but such as the Secretary
of War may consider to have been called
into service under authority from said Department;
and that nonpayment shall be made to any of the
officers but such as were in proper proportion to
the number of m*-n in ?;crviee, according to the
existing laws, and for none of the supplies beyond
the proportion, or not of the description authorized
by existing Ivas and regulations; and that the
s? id accounting officers be further directed to settie
and adju3t all claims growing out of said scr.
vice in th<* <juaTfcrir?:?6tr,r,i d*partnv nt, the subs'r.
t?ncc m% for ^rdi* nice supplies, an'!
transfer of money remaining unclaimed by certain
pt nsioncre, and authorizing the payment of the
same at the Treasury of the United States," approved
April 6i.\th, eighteen hundred and thirtyeight,
as requires pensions that m3y have remained
unclaimed in the hands of pension agents for
eight months to be returned to the Treasury, be,
and tiie same is hereby, repealed, and that the
time within which such pensions shall be returned
to the Treasury be, and the same is hereby,
extended to fourteen months, subject to all the
other restrictions and p.ovisions contained in the
s iid act.
Approved, August 23, 1812.
Pi.'tLic?No. 63.]
AN ACT for the relief of certain settlers in the
Territory of Wisconsin.
Be it enacted by the Senate and House of Representatives
of the United States of America,
in Congress assembled, Tnat every settler in the
district of lands subject to sale at Mineral
Point, in the Territory of Wisconsin, who
shall show, by proof which shall be satisfactory
to the register and receiver of the land
orticc at Muscoday, that he, by cultivation and
possession, as required by the pre-emption act of
the nineteenth of June, eighteen hundred and thirty-four
was entitled to a right of pre-emption ; and
that he, the s aid settler, was refused the privileges
granted by said act in consequence of the mineral
character of the tract of land applied for by
hint, slu.ll be permitted to enter, at the rate of one
dollar and twenty-five cents an acre, one complete
quarter-section of 1 n 1, of any lands in said land
district which h ive not yet been offered at public
sale: Proridcd, Tiutnotnct shall be entered by
any settler claiming under this act which contains
mint h or discoveries of lead ore, or on which there
may be an improvement, or on which any person
rnav have a residence, or which may have been
reserved from sale : And provided further. That
the claimant under this act, and hip witnesses,
shall nuke oath, befort* a person duly qualified to
adininster oaths, to all the facts staled by them.
Sec. 2. And be it further enacted., That the
provisions of this act he carried into effect, in confortuity
with the instructions which may be given
by the Secretary of the Treasury to the register
and receiver of the land office at Museod.iy.
Approved, August 23, 1812.
[Public?So. 61.]
AN ACT to amend the acts of July, eighteen
hundred and thirty-six, and eighteen hundred
and thirty eight, allowing pensions to certain
widows.
Be it enacted by th* Senate and House of Rcpreventatives
of the United States of America in
Congress assembled. That the marriage of the
widow, after the death of her husband, for whose
services she claims a pension under the act of the
seventh of July, eighteen hundred and thirty-cight,
shall be no bar to the claim of euch widow to the
benefit of that act, she Iwing a widow at the time
she makes application for a pension.
Approved, August 23, 1812.
[Public?No. 62.]
AN ACT- for the payment of Florida militia cal.
led in'o service in the years eighteen hundred
and thirty-nine and eighteen hundred and forty.
Br. it enacted by the ScJiatc and House of Representatives
of the United Slate* of Amcriea
in Congress assembled. That the
proper accounting officers of the War Department
be, and they arc hereby, directed to
examine and adjust the claims for pay of Licutcn.
ant Colonel Bailey and 6taff, .Major Bailey and
staff, the officers of the quartermaster's department,
and the companies of Captains Grigeby, Hagan,
Mclvcrs, Langford, Hall, Burncy, and Bailey,
all of the Florida militia, called into ser.
vice in the year seightcen hundred and thirty-nine
and eighteen hundred and forty,
as if they had been regularly called out
? ? - - / aL. A
| supplies of the medical department and private
physicians. <
See. 2. And be it further enacted, That the i
Secretary of War be authorized to direct the pay. 1
mcnt of the accounts so settled and adjusted by <
j the said accounting officers, provided the whole 1
1 amount of pay shall not exceed the sum of seventy
thousand six hundred and eighteen dollars and i
i six cents ; for the quartermaster a department, i
1 shall not exceed the sum of fifty-six thousand clol. t
lar?; for subsistence, shall not exceed thirty-two (
j thousand nine hundred and twenty two dollars ]
-> ?i:? ?t--.ii .
I and ninety-six cents ; ior oram?iw ouj/^utn, ouau j
not exceed one thousand seven hundred and one c
: dollars and eighteen cents; and for private phy. j :
! sicians and medicine, shall not exceed five thnu. <
' sand dollars; and that, for the payments afore- ' i
s iid, a sum not exceeding one hundred and sixty- j t
! six thousand two hundred and forty-two dollars j
I and twenty cents be, and the same is hereby ap. {
! propriated, out of any money in the Treasury not j
. otherwise appropriated. (
Approved, August 23, 1842. }
[Public?No. 63.] j
AN ACT legalizing and making appropriation* 1
lor such necessary objectsas have been usually i
included in the general appropriation bills with- i
out authority of law, and to fix and provide for j i
certain incidental expenses of the Departments 1 j
and offices of the Government, and lor other j <
purposes. j ]
! lie it enacted by the Senate and House of Re. 1;
preventatives of the United States of America in 11
j Congress assembled, That it shall be lawful for '
j the respective heads of the Departments of the j
I General Government to employ or appoint the ;
! officers and persons hereinafter mentioned, in ad. :
' dition to those already provided by law, in the J
! offices, bureaus, and places connected with their j
i Hcvval Departments, and at the following annual
salaries, that is to say.*
1. IN THE DEPARTMENT OF STATE.
One superintendent of the northeast Executive :
building, at two hundred and fifty dollars, and ,
three watchmen, at three hundred and sixty-five
dollars each.
2. in the treasury department.
In the First Comptroller's office, one assistant j
i messenger, at three hundred and fifty dollars,
j In the First Auditor's office, one additional i
j clerk, at one thousand dollars.
I In the Second Auditor's office, one additional ;
clerk, at one thousand dollars, until the second of
April, eighteen hundred and forty-three.
In the Third Auditor's office, three additional
!
clerks, two at one thousand one hundred and fifty
dollars each, and one at one thousand dollars.
In the Fourth Auditor's office, one clerk, at t
twelve hundred dollars.
In the Fifth
I the act of seventh July, eighteen hundred and ;
thirty-eight, at one thousand dollars each.
The compensation of the clerk authorized by the j
act of May twenty-six, eighteen hundred and !
twenty-four, iu the Treasurer's office, is hereby !
increased to one thousand dollars; and the com. j
pensation of the clerk in the same office authorized
by the act of July two, eighteen hundred and !
thirty?mx, is hereby increased to one thousand t wo
hundred dollars. /
j In the office of the Register of the Treasury,
j one loan clerk, (to take effect from fifteenth Apnl,
eighteen hundred and forty-two,) at one thousand
. four hundred dollars.
In the office of the Solicitor of the Treasury, J
three additional clerks, at one thousand one hun
dred and fifty doll are each, and one law clerk, at
fifteen hundred dollars.
One superintendent of the southeast Executive !
building, at five hundred dollars, and eight :
watchmen, at three hundred and sixty-five dollars
each.
3. IN THE WAR DEPARTMENT.
In the office of the Commanding General, one j
messenger, at five hundred dollars.
In the office of the Adjutant General, one
messenger, at five hundred dollars.
In the office of the Commissary General of >
Subsistence, an additional clerk, at one thousmd
dollars, one messenger, at five hundred dollars. j
In the office o."the Commissioner of Pensions, :
one messenger, at seven hundred dollars, until j
the first day of January next, after which there j
shall be two messengers only in siid office, at a
compensation of five hundred dollars each.
In the office of the Chief Engineer, one mcs.
scnger, at five hundred dollars.
In the office of the Surgeon General, one clerk,
nt one thousand one hundred and fifty dollars, and ^
| one messenger, at five hundred dollars.
In the otfice of the Colonel of Ordnance, one ;
, messenger, at five-hundred dollars,
t In the bureau ofTopographical Engineers, two
clerks, each one thousand, one at one thousand
! four hundred, and one messenger at five hundred
dollars. I
One superintendent of the northwest Executive j
building, at two hundred and fifty dollars, and
four watchmen, at three hundred and sixty-five
dollars each.
i. IN THE NAVY DEPARTMENT,
j In the Navy Commissioner's office,
, Two additional clerks, at one thousand four
' hundred dollars each.
i Two additional clerks, at one thousand two
i
j hundred dollars each.
One superintendent of the southwest Executive ,
: building, at two hundred and fifty dollars, and .
three watchmen, at three hundred and sixty-five
1 dollars each.
5. IN THE OFFICE OF THE SERGEANT-AT-ARMS IN j
THE HOUSE OF REPRESENTATIVES.
One messenger, at the daily compensation re- ;
fcrived bv the other messengers of the House of
I J .
Repr<.*entativt8, and in lieu of one of thcrn.
6. in TitE oitice or attorney general.
One mceaenger, five hundred dollars.
Sec. 2. And be it further enacted, That in the !
; Supreme Court of the United Statcn one reporter!
i shall be appointed by the court, With the salary j
! of twelve hundred and fifty dolhr3: Provided, j
| That he deliver to the Secretary of State, for dis- j
; trihution, one hundred and fifty copies of each j
! volume of reports that he shall hereafter prepare i
| and publish, immediately after the publication !
thereof, which publication shall be made annually, I
j within four months after the adjournment of the :
j ccirtat which the decirions art mace.
Sec. 3. And be it further enacted. That the '
; arsxtant librarian of the library of Congress shall |
j receive eleven hundred and fifty dollars, and the
I messenger seven hundred dollars, per annum, to
I take effect from the first day of January, eighI
! teen hundred and forty- vo, v lieu of fhc'r prcsont
f.mpe "sation.
*" "o ? .
of more than two thousand five hundred dollars : i
or a consul at London, at a salary of more than 1
two thousand dollars.
Sec. 9. And be it further enacted, That the |
President of the United States shall not allow to
any minister resident a greater sum than at the
rite of six thousand dollars per annum, as a com.
pensation for all his services and cxpenecs : Pro.
tided, Tint it shall be lawful for the President to
allow to such minister resident, en going from the
United Stales to any foreign country, an outfit,
which shall in no car.c exceed one year's full sal.
ary of such minister resident.
Sec. 10. And be it further enacted, That the
office of Architect of the Public Buildings be, and
the same is hereby, discontinued and abolished.
Sec. 11. And be it further enacted, That it
shall be the duty of the Secretaries of State, of the
Trc-awy, War, and Navy, of the Commissioner*
of the Navy, of the Postmaster General, of the Sc.
crcl.-ry of the Senate, and of the Clerk of the
IIou.c of Representatives, to report to Congress at
tiie beginning of each year the names of the clerks
and other persons that have been employed, re.
epcc'.ivch, during the preceding year, or any part
thereof, in their respective departments and offices,
together with the time that each clerk or other
person woe actual'y employed, and the sums paid
to each ; and, also, whether they have been usefully
employed; whether the services of any of them
can be dispensed with without detriment to the
public sirvi.ce, and whether the removal of any in1
- *? * ? A ? in fbaif
dividual, ana tnc appoimmtm ui umm HI lubli
stead, is required for the better despatch of busi.
ncss, and no greater allowance sliaJl be made to
any inch clerk, or other person, than is, or may
be authorized by law, except to watchmen or mes.
sengera, for any labor or services required of them
beyond the particular duties of their respective
rtations, rendered at such times as docs not inter
fere with the performance of their regular duties.
Sec. 12. And be it further enacted, Tint no allowance
or compensation shall be madq, to any
clerk or other officer, by reason of the discharge
of duties which belong to any other clerk or officer
in the same or any other department; and no allowancc
or compensation shall be made for any
extra services whatever, which any clerk or other
oficer ni3y be required to perform.
Sec. 13. And be it further enacted, That it
shall be the duty of each chief or principal clerk .
in the respective departments, bureaus, and other j
offices, to supervise, under the direction of his im- ,
mediate superior officer, the duties of the other J
clerbjj therein, and to see that their duties arc faith-1
fully executed, and that such duties arc distributed
with equality and uniformity, according to the na- ,
tare of the case. And such distribution shall be ;
revised, from time to time, by the said chief or
principal clerk, for the purpose of correcting any ,
tendency to undue accumulation or reduction of
duties, whether arising from individual negligence,
or incapacity, or from increase or diminution of
particular kinds of business; and such chief or
principal clerk shall report monthly to his superior
" * * * 4'?* * hmit
officer any existing detect uiai ne IIM> u\j (i)Tai??
of in Ihe arrangement or despatch of business; and I
such defect shall be amended by new arrangements
of duties, dismissal of negligent or incompetent officers,
or otherwise,
Sec. 14. And be it further enacted, That it
shall be the duty of the several heads of departments
in communicating estimates of expenditures
and appropriations to Congress, and to any of the
committees thereof, to specify, as nearly as may be
convenient, the sources from which such estimates
are derived, and the calculations on which they
are founded; and, in so doing, to discriminate be-1
tween such estimates as arc conjectural in their
character, and such as arc framed on actual in.
formation and application from disbursing officers:
ati 1, in communicating the several estimates, refercncc
shall be given to the laws and treaties by
which they arc authorized, and the dates thereof,
and tiic volume, page, and section in which the nc.
ccssary provisions are contained.
Sec. 15. And be it further enacted, That no !
extra clerk rhall be employed, in any department,
bureau, or office at the seat of Government, except
during the acosion of Congress, or when indis-?VI..
trt *nihlr. such dcDartment. bu-1
pcnsaiJi} ? 4
rcau, cr office to answer come call made by cither j
Hcasc cf Ccn?rers at one cordon, to be answered J
i* anther; and not then, except by order of the j
Sec. 4. And be it further enacted, That the
:lerk in the office of the Secretary of the Nary,
vhose salary was fixed at eight hundred dollars
)y the act of the twentieth of April, eighteen hunIred
and eighteen, shall receive, in addition, therco,
two hundred dollars.
Sec. 5. And be it further enacted, That the
Secretary of the Treasury be, and he iu hereby, j
tuthorized to employ an additional clerk, as assisant
in his office, at a salary of eigh'cen hundred j
lollars per annum; and the superintendent of
Indian Affairs at St. Louis be, and he hereby is, i
lUthorizcd to employ one clerk, at a compensation
>f twelve hundred dollars, in lieu of the two clerks
lUthorizcd by the act of May ninth, eighteen hun- j
ired and thirty six ; and so much of said last .
mentioned act as authorizes the employment of j
,wo clerks is hereby repealed.
Sec. 6. And be it further enacted, That the :
several offices and employments hereinbefore mentn
be lawful !
lVlluci Ui^ Jiuvi'j Iirnvv
to all intents and purposes whatever; and the
respective headsof Departments, under whom the
same are held and exercised, are hereby author,
ized and empowered to fill the same, and to continue
the exercise and discharge thereof, at the i
salaries aforesaid, until the first day of July, |
eighteen hundred and forty-four, except such as j
are otherwise limited in this act: Provided, That j
in all cas s where any of the aforementioned offi- I
cers, or other persons herein authorized to be cm-J
ployed, have already been employed, and arc j
now in the discharge of their respective duties, or I
have been so eiuce the first day of January last,
under the authority of former appropriation bills,
ut a different rate of compensation than is hereby
authorized and affixed to their respective places,
they shall be entitled to receive the fcirac rate of
compensation heretofore allowed, and at which
they have l>een retained in employment, from the
first day of January last to the time of the passage
of this act.
Sec. 7. And It it further enacted, That the
sum of fifty thousand dollars, or so much thereof
as may be found necessary, be, and the same is
hereby, appropriated, for the year eighteen hundred
and forty-two, out of any unappropriated moneys
in the Trcasury, to the objects herein before
specified.
Sec. 8. And he it further enacted. That it shall
be lawful for the President of the United States to
nllou- n fl.-.iToman at Constantinople, at a salary
head of the department in which, or in some bu- J
reau or office of which, such extra clerk shall be I
employed ; and no such extra clerk, for copying, <
shall receive more than three dollars per day, or for i
any other service more than four dollars per day, ]
for the time actually and necessarily employed. 1
Sec. 16. And be it fxtrther enacted, That no I
messenger, assistant messenger, laborer, or other <
person shall be employed in any department, bu- '
reau, or office at the scat of Government, or paid j
out of the contingent fund appropriated to such ^
department, bureau, or office, unless such employ- :
"* * * ? 1 1? 1 n#* i
ment shall tx aumonzeu oy mw, m ? |
necessary to carry into effect some object for which
appropriations may be specifically made; and not
exceeding one hundred dollars per annum shall be
applied by each department, (except the Depart,
mcnt of State,) for the purchase of newspapers for 1
such dspartment, and all the bureaus and offices j
connected therewith ; and such papers shall be pre- 1
served as files for such department.
See. 17. And be it further enacted, That all
stationery, of every name and nature, for the use
of the two Houses of CongTess, and all stationery
and job printing, of every name and nature, for
the use of the several departments of Government,
and for the bureaus and offices in those depart,
mcnts at Washington, including all stationery,
blanks, wrapping paper, and twine, and mail bags,
furnished to the post offices and collectors' offices
throughout the United States, shall hereafter be
furnished and performed, by contract, by the lowest
bidder, as follows : the Secretary of the Senate,
the Clerk of the House of Representatives,
the head of each department, and such deputy
postmasters in the Post Office establishment, and I
such collectors in the custom-house establishment, !
as the Postmaster General and the Secretary of ;
the Treasury shall respectively designate for that !
purpose, shall respectively advertise, once a week, j
for at least four weeks, in one or more of the principal
papers published in the places where such
articles are to be furnished, or such printing done, <
tor sealed proposals for furnishing such articles, or j
the whole of any particular class of articles, or for (
doing such printing, or the whole of any specified j
job thereof, to be done at such place, spc- !
cifying in such advertisement the amount, quan- '
tity, and description of each kind of articles to be j
furnished, and, as near as may be, the nature,
amount, and kind of printing to be done ; and all
such proposals shall be kept sealed until the day
specified in such advertisement for opening the
same, when they shall be opened, by or under the }
direction of the officer making such advertisement, !
in the presence of at least two persons ; and the
person offering to furnish any class of such articles,
or to perform any specified portion or job of j
said work, and giving satisfactory security for the 1
performance thereof, under a forfeiture not ex. 1
cccdng twice the contract price in case of failure,
shall receive a contract for doing the same ; !
and in case the lowest bidder shall fail to enter ini
to PUch contract and give such security within a
j reasonable time, to .fi.Ted in *uch advertisement,
; then the contract shall be given tv the neat lowest
bidder who shall enter into such contract and give
such security. And in ease of a failure to supply
the articles or to perform the work, by the person
entering into such contract, he and his sureties
shall be liable for the forfeiture specified iu such
j contract, as liquidated damages, to be sued fur in
the name of the United States, is any court hav.
; ing jurisdiction thereof.
Sec. 18. And be it further enacted, That all
: euch bids and proposals shall be returned by the j
! person authorized, as aforesaid, to receive the j
same, to the Executive Department from which |
such authority is derived, and shall be preserved
in said Department, subject to such examination i
as Congress may at any time order and direct.
Sec. ID. And be it further enacted, That no 1
part of the contingent fund appropriated to any |
department, bureau, or office, shall be applied to j
the purchase of books, periodicals, pictures, or en- 1
gravings, or other thing, except such books, peri- j
odicals, and maps, or other tiling as the ;
head of such department shall deem necessary and I
proper to carry on the business of such depart- j
ment, and shall, by written order, direct to be pro. '
cured for that purpose.
See. 20. And be it further enacted, That it j
' shall be the duty of the Secretary of the Senate, !
at the commencement of every regular session of
Congress, to rrport to the Senate, aud of the
Clerk of the House of Representatives to report to
the House, and of the head of each Department, to .
report to Congress, a detailed statement of the J
manner in which the contingent fund for each
House, and of their respective Departments, and |
for the bureaus and offices therein, has been ex- I
pended, giving the names of every person to whom
any portion thereof, has been paid ; and if for any j
thing furnished, the quantity and price ; and if i
for any services rendered, the nature of such service,
and the time employed, and the particular
occasion or cause, in brief, that rendered such scrvice
necessary ; and the amount of all former appropriations
in each ease on hand, either in the
Treasury or in the hands of any disbursing officer j
or agent. And they shall require of the disburs- j
1 ing officers, acting under their direction or author. ;
ity, the return of precise and analytical statements ,
and receipts for all the moneys which mar have
have been, from time to time during the next pre- (
ceding year, expended by them ; and the results of
; such returns shall be communicated annually to I
1 Congress, by the said officers, respectively.
Sec. 21. And be it further enacted, That the
act entitled " An act to provide for the publico, i
tion of the laws of the United States, and for other
purposes," approved April twentieth, eighteen j
hundred and eighteen, so far as the same authorizes
or requires the laws, resolutions, treaties, and
amendments of the Constitution of the United
States to be published in any paper or papers printed
in the different States or Territories of the
United States, is hereby repealed ; and, in lieu
thereof, it shall be the duty of the Secretary of
State to publish such laws, resolutions, treaties,
and amendments in not less than two nor more
than four of the principal newspapers published in
the city of Washington for country subscribers,
giving the preference to such papers as have the
greatest number of permanent subscribers and the
most extensive circulation ; for which the proprictor
of each paper shall receive, as full compensation,
at the rate of one dollar for each page of the
laws, resolutions, treaties, and amendments, as ;
published in pamphlet form. And if it shall ap.
pear, on examination of any account, that therehas
been any unreasonable delay or intentional
omission in the publication of the Irws aforesaid,
the proper accounting officer of the Treasury is
hereby authorized and required to deduct from
*uch icrouut :u"h sum as shall be charged therein
I
for the publication of any laws which hatfs
been ao unreasonably delaysd or inlsiili?lj
omitted; and, in any such ease, it ?h?n be the
duty of the Secretary of State to diseootinwe the
publicatfon of the law* in the aewspeper belonging
to auch proprietor*, and such newspaper All in
no event be again authorized, nor shall the proprietor
thereof be again employed, to publish the lawe
of the United States.
Sic. 22. And be it further enacted, That for
the purpose of limiting the incidental and nontin
gent appropriations for the neceseary expenses of
the Government to specific objects as far as practicable,
the following sum# are hereby appropriated
for the year eighteen hundred and forty-two, out
of anv unappropriated money in the Treasury, to
the objects hereinafter specified, namely:
defaetmrnt of state.
For distributing the aggregate returns of the
sixth census, eight thousand dolLrs.
For purchasing and preparing indices to the
manuscript papers of the Congress of the Confederation
And to the \Y ullIDftOn PaOCJS, dtpOWltd
in the Department oi State, one thousand dollar*.
NAVY DEPARTMENT.
No. 1. In the Secretary's office :
For blank books, binding, and stationary, sin
hundred dollars.
For extra clerk hire, four thousand two hundred
and fifty dollars.
For printing, three hundred dollars.
For labor, three hundred and fifty dollars.
For miscellaneous items, four hundred dollar*.
For newspapers and periodicals, one hundred
dollars.
No. 2. In the Navy Commissioners' Office:
For blank books, binding and stationary, fire
hundred dollars.
For extra clerk hire, two thousand one hundred
and fifty dollars.
For labor, three hundred dollars.
For miscellaneous items, six hundred and fifty
dolhrs.
No? 3. For the southwest Executive building:
For labor, three hundred and twenty.five dot.
lars.
For fuel and light, one thousand three hundred
and fifty dollars.
For miscellaneous items, one thousand one bun.
dred and filly dollars.
No. 4. For the northeast Executive building:
For labor, one thousand two hundred dollars.
For fuel and light, one thousand four hundred
dollars.
For miscellaneous items, seven hundred dollars.
WAR PErARTNEVT.
No. 5. In the office of the Secretary of War : *
For blank boohs, binding, and stationary, ail
hundred dollars.
For newspapers and periodicals, two hundred
, and fifty dollars.
For labor, three hundred dollars.
For printing, three hundred dollars.
For mircrll tncou* items, five hundred and fifty
: dollars.
For books, maps, and plans, one thousand dot!
lars.
For extra clerk hire, three tliouaand dollars.
! No. 6. In the office of the Commissioner of la.
, dian Affairs:
For blank books, binding, and stationery, liz
I hundred dollars.
For labor, fifty dollars.
For miscellaneous items, eight hundred and if.
ty dollars.
No. 7. In the office of the Commissioner ?f
Pensions:
For blank books, binding, and stationery, firs
hundred dollars.
For printing, four hundred dollars.
Fcr fuel, one hundred and fifty dollars.
For miscellaneous items, four hundred and fifty
dollars.
u T? ?l,/? of th* Commanding titn.
era]:
For miscellaneous items, tiiree hundred dollars*
No. 9. In the office of the Adjutant General:
For blank books, binding, and stationery, two ^
hundred dollars.
For miscellaneous items, three hundred dollars.
No. 10. In the office of the Quartermaster Gen*
eral:
For blank books, binding, and stationery, three
hundred dollars.
For labor, one hundred dollars.
For } rinting, one hundred dollars.
For miscellaneous items, four hundred dollars.
No. 11. In the office of the Coinnusaary Gene*
ral of Purchases:
For blank books, binding and stationery, one
hundred dollars.
For miscellaneous items, five hundred dollara.
No. 12. In the office of the Commissary General
of Subsistence:
For Wank books, binding, and stationary, two
hundred dollars.
For extra clerk hire, six hundred dollars.
For printing and advertising, twelve hundred
dollars.
For labor, one hundred dollars.
For fuel, one hundred dollars.
For miscellaneous items, five hundred dollars.
No. 13. In the office of the Paymaster Gene
ral: -
For b!.?nk bookf, binding, and stationery, two
hundred dollars.
For fuel, one hundred and twenty-fire dollar*.
For misceilane >us items, four hundred dollar*.
No. 14. In the office of the Surge** General :
For blank books, binding, and stationery, two
hundred dollars.
For printing, fifty dollars.
For fuel, scventy.five dollars.
For miscellaneous items, one hundred and fifty
dollars.
No. 15. Iirthe office of the Chief Engineer ;
.
For blank books, binding, and stationary, sue
hundred dollars.
For printing, one hundred and fire dollar*.
For fuel, one hundred and fifty dollar*.
For miscellaneous items, fifty dollars.
No. 16. In the office of the Colonel of Ord.
nance:
For blank books, binding, and stationery, fcur
hundred dollars.
For printing, scventy.five dollars.
For fuel, one hundred and fJtj dollars.
For miscellaneous items, one hundred daOate.
Va IT In the Bureau of Topographical En.
*'v' ? 7*
jrincer?:
for th*' support of the Iighthwae on the Delaware
breakwater, one thousand fire hundred dollars.
for blank books, binding, and etation-ry, four
hundred dollars.
for 'abor, one hundred dollars.