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such posts as may be occupied during the year, and gun-houses for the protection of the cannon at the several posts and military works, including the necessary tools and materials for the objects enumerated, and for the authorized furni re of the barrack-rooms of non-commissioned officers and soldiers; building and repairing stables for dragoons and light artillery; for rent of quarters for officers, barracks for troops at posts where there are no public buildings for their accommodation, and of store-houses for the safe-keeping of subsistence, clothing, &c., and of grounds for summer cantonments and encampments for military purposes;· one hundred and sixty thousand dollars. For transportation of officers' baggage, when travelling on duty without troops, fifty thousand dollars.
For transportation of troops and supplies of the army, including the baggage of troops when moving either by land or water; freights and ferriages; the purchase or hire of horses, mules, oxen, carts, wagons, and boats, for the transportation of supplies, and for garrison purposes; drayage and cartage at the several posts; hire of teamsters; transportation of funds for the pay department; the expense of sailing public transports between the posts on the Gulf of Mexico, and of procuring water at such posts as from their situation require it; of clothing from the depot at Philadelphia to the stations of the troops; of subsistence from the places of purchase and from the places of delivery, under contracts, to such places as the circumstances of the service may require it to be sent; of ordnance, ordnance stores, and small arms, from the foundries and armories to the arsenals, fortifications, and frontier posts; - two hundred and fifty thousand dollars.
For contingencies of the army, six thousand dollars.
For the purchase of ordnance, ordnance stores, and supplies, one hundred thousand dollars.
For current expenses of the ordnance service, one hundred thousand dollars.
For manufacture of arms at the national armories, three hundred thousand dollars.
For repairs and improvements, and new machinery, at Springfield armory, one hundred and twenty-five thousand dollars.
And the sum of five thousand dollars, out of the appropriation made for the said objects by the act approved March third, eighteen hundred and forty-five, is declared to have been intended for the purchase of the lots adjoining the armory ground, as expressed in the estimates, to which purpose it has been applied. And of the sum allowed by
the said act to be applied to repairs at the national armories, such amount as in the judgment of the Secretary of War may be necessary, not exceeding fifteen thousand dollars, may be applied to the purchase of land from individuals and from the town of Springfield, Massachusetts, and the assent of Congress is hereby given to such purchase.
For repairs and improvements, and new machinery, at Harper's Ferry armory, one hundred and twenty-eight thousand three hundred and sixty-one dollars.
For arsenals, one hundred and sixty-eight thousand five hundred and ninety-three dollars, of which twelve thousand five hundred dollars are authorized to be applied to the purchase of a site and building a magazine for Washington arsenal.
For purchase of saltpetre and brimstone, forty thousand dollars.
For expenses of the mineral land service, including those incurred
Appropriation for increase of
rank and file of the army.
1846, ch. 17.
Forage for officers' horses.
Payments in lieu of clothing.
Clothing, equipage, &c.
Regular supplies of quarter master's depart
penses of quartermaster's department.
Transportation and supplies.
Medical and hospital depart
Aug. 8, 1846.
since the first January, eighteen hundred and forty-six, thirty thousand dollars.
For surveys in reference to the military defences of the frontier, inland and Atlantic, twenty thousand dollars.
For military and geographical surveys west of the Mississippi, thirty thousand dollars.
For continuing the surveys of the northern and north-western lakes, twenty-five thousand dollars.
SEC. 2. And be it further enacted, That the following sums be, and the same are hereby, appropriated, to meet the expenditures which may be incurred under the acts passed during the present session" to authorize an increase of the rank and file of the army, and to provide for raising a regiment of mounted riflemen," viz.:
For pay, eight hundred and fourteen thousand five hundred and twelve dollars.
For commutation of officers' subsistence, twelve thousand seven hundred and seventy-five dollars.
For commutation of forage for officers' horses, eight thousand one hundred and sixty dollars.
For payment in lieu of clothing to officers' servants, one thousand one hundred and ten dollars.
For subsistence in kind, four hundred and eighty-seven thousand four hundred and forty-two dollars.
For expenses of recruiting, seventy-nine thousand six hundred
For clothing, camp, garrison, and horse equipage, two hundred and eighty-four thousand one hundred and seventy-five dollars.
For the regular supplies of the quartermaster's department, consisting of fuel, forage, straw, &c., one hundred and thirteen thousand dollars.
For the incidental expenses of the quartermaster's department, consisting of expenses of courts-martial and courts of inquiry, extra pay to soldiers, purchase of horses for dragoons, &c., ninety-three thousand five hundred dollars.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the followAppropriation. ing sums be, and the same are hereby, appropriated out of any money
in the treasury not otherwise appropriated, for the support of the Military Academy for the year ending on the thirtieth June, eighteen hundred and forty-seven:
For transportation of troops and supplies for the army, three hundred and twenty-two thousand dollars.
For the medical and hospital department, twenty thousand dollars.
CHAP. XCVI.-An Act making Appropriations for the Support of the Military
For pay of officers, instructors, cadets, and musicians, seventy-eight thousand nine hundred dollars.
For commutation of subsistence, five thousand two hundred and fifty-six dollars.
For commutation of forage for officers' horses, two thousand four hundred dollars.
For clothing for their servants, four hundred and twenty dollars.
horses and oxen, stationery, printing, and other incidental and con- contingent tingent expenses, twenty thousand dollars.
For completing the barracks for cadets, fifteen thousand dollars.
CHAP. XCVII. —An Act supplementary to the Art passed on the twentieth Day of February, eighteen hundred and forty-six, entitled "An Act to enlarge the Powers of the several Orphans' Courts held in and for the District of Columbia."
Board of visit
SEC. 2. And be it further enacted, That the President be authorized to appoint a board of visitors, to attend the annual examination of the Military Academy, whose duty it shall be to report to the Sec- ors to be appoint retary of War, for the information of Congress, at the commencement of the next succeeding session, the actual state of the discipline, instruction, police administration, fiscal affairs, and other concerns, of the institution: Provided, That the whole number of visitors each year shall not exceed the half of the number of States in the Union; and that they shall be selected, alternately, from every second State, each member being a bona fide resident citizen of the State from which he shall be appointed; that not less than six members shall be taken from among officers actually serving in the militia; and that a second member shall not be taken from any Congressional district, until every other district in the State shall have supplied a member : Provided, further, That no compensation shall be made to said members beyond the payment of their expenses for board and lodging while at the Military Academy, and an allowance not to exceed eight cents per mile, for travelling by the shortest mail route from their respective homes to the Academy, and back to their homes. And the sum of two thousand dollars is hereby appropriated to defray the expenses of said board of visitors, at the next annual examination.
SEC. 3. And be it further enacted, That the teacher of drawing, and the first teacher of French, at the Military Academy, shall here- ers to be profesafter be, respectively, professor of drawing, and professor of the French language.
APPROVED, August 8, 1846.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every orphan, or other infant, to whom the Orphans' Courts of the District of Columbia are authorized and empowered by the act to which this act is supplementary, or by any other law in force in the said district, or in either county thereof, to appoint a guardian, shall be entitled, on arriving at the age of fourteen years, or at any age between fourteen and twenty-one years, notwithstanding any appointment of guardian before made by such courts, or either of them, to elect a guardian for himself or herself: Provided, The Orphans' Court within whose jurisdiction may be the person and residence of such orphan, or any property, real, personal, or mixed, to which such orphan is entitled, or where a guardian had been duly appointed before, the court by which said former guardian had been appointed, approve the character and competency of the person so elected guardian: And provided, such Orphans' Court shall and may require of the guardian, so elected, such security, and exercise towards him all such jurisdiction and powers for compelling the faithful administration of his trust, as are provided in the said act, or any other law in force as aforesaid, in the cases of guardians appointed by the said court; and if the said court, in the due exercise of such, its jurisdiction and powers, shall see fit to supersede and remove such guardian, dian die, or become incompetent during the minority of such orphan, the said court shall forthwith cite such orphan to appear and make a new election of guardian, which such orphan may do under the same
if such guar
Aug, 8, 1846. 1846, ch. 8. ante, p. 4.
Orphan children may select guar
dians in certain cases.
Selection to be
subject to the approval of the
Security to be given by guardfan.
conditions and restrictions as are herein before prescribed in respect to the original election of guardian; and for the interval of time between the removal, death, or incompetency, of the first elected guardian, and the new election of another by such orphan, the said Guardian ad court may, if it deem it expedient, appoint a guardian ad interim until such new election be made; taking such security of such guardian ad interim, and exercising over him such jurisdiction and powers, as are or may be required and given in the cases of other guardians: And provided further, That, where a guardian is to be superplication to su seded by such election, he shall have notice of the application by persede.
Sureties may complain, &c.
Aug. 8, 1846.
Change of time for holding Circuit Court of U. District of New
S. for Southern
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Circuit Court of the United States for the Southern District of New York shall hereafter be held on the third Monday in October, instead of the last Monday in November; and that all writs, pleas, suits, recognizances, indictments, and all other proceedings, civil and criminal, shall be returnable to and have day in court, and shall be heard, tried, and proceeded with, by the said court, in the same manner as might and ought to have been done, if the court had been held at the time heretofore directed by law; and it is further provided, that the term of the Circuit Court appointed by law to be held on the last Monday in July, in each year, in said district, shall not hereafter be holden.
SEC. 2. And be it further enacted, That whenever the district attorney shall deem it necessary, it shall be lawful for any Circuit Court, in session, by order entered on its minutes, to remit to the next term or session of the District Court of the same district any indictment pending in the said Circuit Court, when the offence or offences therein charged may be cognizable by the said District Court; and in like manner it shall be lawful for any District Court to remit to the next term or session of the Circuit Court of the same district Effect of such any indictment pending in the said District Court; and such remission shall carry with it all recognizances, processes, and proceedings pending in the case in the court from which the remission is made; and the court to which such remission is made shall, after the order of remission is filed therein, act and proceed in the case as if the indictment, and all other proceedings in the same, had been originated in said court.
July term abolished.
summons, or in writing.
SEC. 2. And be it further enacted, That if any surety of a guardian, by petition to the court before which he was bound, setting forth that he apprehends himself or herself to be in danger of suffering thereby, shall pray that he may be relieved, the said court, after a summons to answer the petition shall have been served upon the guardian, or a copy of such summons left at the place of his usual abode, shall order him to give counter security for the complete indemnity of the original surety, or to deliver the ward's estate into the hands of the surety, or of some other person; in either of which cases it shall take sufficient security of the person into whose hands the ward's estate shall be delivered as aforesaid; and such court shall and may make such further and other order for the relief of the petitioner as to it shall seem just.
APPROVED, August 8, 1846.
Either court may remit indict
ments to other.
CHAP. XCVIII. - An Act to regulate the Proceedings in the Circuit and District
SEC. 3. And be it further enacted, That it shall be lawful for the District Courts grand juries impanelled and sworn in any District Court to take
Grand juries of
cognizance of all crimes and offences within the jurisdiction of the said Circuit and District Courts, and every indictment for a capital offence, presented to the District Court, shall, by order entered on the minutes of the court, be remitted to the next term and session of the Circuit Court, together with all recognizances taken therein; and on filing such order and indictment with the clerk of said Circuit Court, that court shall thereafter proceed thereupon, the same as if the indictment had been originally found and presented in said court; and the said District Court may, moreover, in like manner, remit to the Circuit Court any indictment pending in said District Court, when, in the opinion of the court, difficult and important questions of law are involved in the case; and the proceedings thereupon shall thereafter be the same in the Circuit Court as if such indictment had been originally found and presented therein. That no grand jury shall hereafter be summoned to attend any Circuit or District Court of the United States, unless the judge of such District Court, or one of the judges of such Circuit Court, shall, in his own discretion, or upon a notification by the district attorney that such jury will be needed, order a venire to be issued therefor: Provided, That nothing herein shall prevent either of said courts in term from directing a grand jury to be summoned and impanelled, whenever, in its judgment, it may be proper to do so, and at such time as it may direct: And provided further, That nothing herein shall operate to extend beyond what the law now permits the imprisonment before indictment found of an individual accused of a crime or offence, or the time during which an individual thus accused may be held under recognizance before indictment found.
zance of crimes
may take cogniwithin the jurisdiction of either Court.
SEC. 7. And be it further enacted, That, on the application of any
ments to be reCapital indictmitted to Circuit
Other remis sions of cases.
How grand juries shall be sum
May be sum moned at any time.
SEC. 4. And be it further enacted, That any party charged with a criminal offence, and admitted to bail, may, in vacation, be arrested criminals by their by his bail, and delivered to the marshal or his deputy, before any judge or other officer having power to commit for such offence; and at the request of such bail, the judge or other officer shall recommit the party so arrested to the custody of the marshal, and endorse on the recognizance, or certified copy thereof, the discharge and exoneratur of such bail; and the party so committed shall therefrom be held in custody until discharged by due course of law.
SEC. 5. And be it further enacted, That if any captain, or other officer or mariner, of a ship or vessel on the high seas, or any other waters within the admiralty and maritime jurisdiction of the United States, shall piratically or feloniously run away with such ship or vessel, or any goods or merchandise on board' such ship or vessel to the value of fifty dollars, or yield up such ship or vessel voluntarily to any pirate, every such person so offending shall be deemed guilty of felony, and, on conviction thereof, shall be punished by fine not exceeding ten thousand dollars, or by imprisonment not exceeding ten years, or both, according to the nature and aggravation of the offence.
captains, &c., of Penalty against vessels, for the
commission of certain crimes.
New bail to be
SEC. 6. And be it further enacted, That upon the necessary proof being made to any judge of the United States, or other magistrate given in certain having authority to commit on criminal charges against the laws of the United States, that a person previously admitted to bail on any such criminal charge is about to abscond, and that his bail is insufficient, it shall and may be lawful for any such judge or magistrate to require such person to give better security, or, for default thereof, to cause him to be committed to prison; and, to that end, an order for his arrest may be endorsed on the former commitment, or a new warrant therefor may be issued by such judge or magistrate, setting forth the cause thereof.