the proprietor of such field, orchard, garden, or dwelling, as the case may be. urers or collect SEC. 29. And be it further enacted, That if any treasurer or collector, Collection of having any school funds in his hands, or neglecting or refusing to obtain funds from treassuch funds as by law authorized and directed, shall refuse to pay for two ors. weeks any order of the said commissioners or trustees, or a majority of either, drawn in conformity to the requisitions of this act, such treasurer or collector shall be liable, on proof thereof before any court of justice or justice of the peace having cognizance, and without stay of execution, to pay the full amount of said order and interest thereon at the rate of twenty per cent. per annum from the first refusal until the day of payment, by way of damages. SEC. 30. And be it further enacted, That if any collector, appointed or acting under the provisions of this act, shall in any case collect more than is due, the person aggrieved shall have his remedy against such collector by suit or warrant, and if he recover he shall have judgment for double the amount improperly and unjustly extorted from him, and costs. Remedy when collector collects more than is due. SEC. 31. And be it further enacted, That the levy court of Washington of Washington Levy court county shall exercise a general supervision over the proceedings of said county to have commissioners, may examine their books and papers, and shall prosecute supervising for any delinquencies or violations of their duty; and the said commis- power over comsioners shall exercise the same power over the proceedings, books, and papers of the trustees in the several school districts, and shall prosecute for all violations of this act by them committed. missioners. SEC. 32. And be it further enacted, That the trustees of the several Disciplinary school districts shall have the power of exercising discipline in their re-tees in schools. powers of trusspective schools, by the expulsion of the refractory pupil, or such other punishment as may be necessary to correct the evil, and carry out the great ends of education, moral and intellectual; and they may permit School-houses any of the said school-houses to be used for public worship. may be used for public worship. SEC. 33. And be it further enacted, That any resident in said county Residents may shall be privileged to place his or her child or ward at any one of the send children to schools in said county she or he may think proper to select: Provided, schools There shall have been a school established and actually in operation in Proviso. the district in which such persons so to be privileged shall reside, and that all the provisions of this act shall have been substantially complied with by said district. a any of the No member of Sec. 34. And be it further enacted, That it shall not be lawful for member of the levy court of said county to be a commissioner of primary the levy court to schools or trustee of any of the school districts, nor for any person to be at the same time commissioner and trustee as aforesaid. is be a commission er or trustee, and no person to hold both those of fices. This act to be SEC. 35. And be it further enacted, That this act be, and the same hereby declared public and remedial, and shall be construed by all courts of justice according to the equity thereof, and no proceedings of the in- construed remehabitants or of the trustees of any school district, or of the commissioners dially. of primary schools, or of any other officer created under the provisions of this act, shall be set aside or adjudged to be void for defect of form or for any irregularity therein, so as the requisitions of the said act are substantially complied with. Written report bounds of the SEC. 36. And be it further enacted, That so soon as the commissioners shall have laid out the school districts, as provided for in the third section of the metes and of this act, they shall make a written report to the levy court, defining districts. the metes and bounds of said districts, and it shall be the duty of said levy court, within two months after the filing of said report, to designate a day and appoint a place, within each of said districts, for the people of that district to assemble and determine by ballot whether they will for them- to vote on cepting this act. selves accept this act. The court aforesaid shall appoint three taxable inhabitants in each district to superintend the voting, who shall open a poll at nine o'clock, A. M. and keep it open till five, P. M. The qualiVOL. XI. PUB.-6 Each district ac Act not to ap fied voters shall be those persons residing and paying taxes within the It shall be the duty of the superintendents of the voting to make imme- SEC. 37. And be it further enacted, That if any of the school districts ply to a district reject this act, by casting a majority of votes against it, the act shall in rejecting it. Bat a second ballot nowise apply to that district; but if at any time a majority of the taxamay be had. ble inhabitants of said district shall desire to take a second ballot it shall be the duty of the levy court again to submit the question in the manner pointed out in the last preceding section. APPROVED, August 11, 1856. Aug. 11, 1856. CHAP. LXXXVII.-An Act to provide for carrying into Effect the first Article of the Treaty between the United States and her Majesty the Queen of the United Kingdom of Great Britain and Ireland of the fifteenth day of June, eighteen hundred and forty-six. tain of June 15, Be it enacted by the Senate and House of Representatives of the United Officers ap- States of America in Congress assembled, That, for the purpose of carrypointed to run the boundary ing into effect the first article of the treaty between the United States line under treaty and her Majesty the Queen of the United Kingdom of Great Britain and with Great Bri- Ireland of the fifteenth day of June, one thousand eight hundred and 1846, vol. ix. p. forty-six, there shall be appointed by the President of the United States, by and with the advice and consent of the Senate, a commissioner, and chief astronomer and surveyor, to unite with similar officers to be appointed by her Britannic Majesty's government; and there shall be appointed by the President an assistant astronomer and surveyor. 869. Secretary and clerk. SEC. 2. And be it further enacted, That the said commissioner shall have power to appoint a secretary; and the said chief astronomer and surveyor shall have power to appoint a clerk. Appropriation SEC. 3. And be it further enacted, That, for the purpose of carrying for pay and support of said offi- into effect the said first article of the said treaty, there be appropriated, cers, and for con- out of any money in the treasury not otherwise appropriated, the followtingencies. ing sums: For the salary of the commissioner for one year, three thousand dollars. For the salary of the assistant astronomer and surveyor, eighteen hundred dollars. For the salary of the clerk, for one year, twelve hundred dollars. For provisions, transportation, and contingencies, sixty thousand dollars. Boundary of SEC. 4. And be it further enacted, That until otherwise provided for Washington territory only to be by law, the proceedings of the said commission shall be limited to the demarcation of that part of the said line of boundary which forms the boundary line between Washington Territory and the British possessions. marked. Officers, &c., and vessels of coast survey SEC. 5. And be it further enacted, That, for the purpose of aiding in the demarcation of the said line, the President be authorized, in his discretion, to direct the employment of such officers, assistants, and vessels ployed to assist. attached to the coast survey of the United States as he may deem neces may be em sary or useful. APPROVED, August 11, 1856. CHAP. CXVIII.-An Act to authorize and direct the Settlement of the Account of the Bank Aug. 16, 1856. of the State of Missouri for Money advanced for the Subsistence and Transportation of Volunteers. Account of the ted and settled. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury Department be and they are hereby authorized Bank of Missouri for moneys adand directed to audit the account of the Bank of the State of Missouri vanced to volunagainst the United States, for moneys advanced in the year eighteen hun- teers to be audidred and forty-six, for subsistence and transportation of certain companies of volunteers which, by order of General E. P. Gaines, assembled at St. Louis, Missouri, in the months of May and June of that year, with the view of being mustered into the service of the United States, in the same manner as if the said companies had been regularly received into the said service; and that the balance which may be found to be due to the said bank be paid out of any money in the Treasury not otherwise appropriated: Provided, That the amount herein authorized to be paid shall not exceed the sum of six hundred and sixty-three dollars and seventy-eight cents, and that the account be sustained by such vouchers as are required in similar cases. APPROVED, August 16, 1856. CHAP. CXIX.-An Act to alter the Time for holding the District Court in South Caro- Aug. 16, 1856. lina, and for other Purposes. in S. Carolina. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the act of Time and Congress, passed the twenty-fifth May, eighteen hundred and twenty- place of session four, as provides for holding the district court of the United States at of District Court Laurens court-house, South Carolina, on the Tuesday next ensuing after 1824, ch. 145, § 3. the adjournment of the circuit court of the United States at Columbia, be Vol. iv. p. 35. and the same is hereby repealed; and that in place thereof the said court shall be holden at Greenville court-house, South Carolina, on the first Monday in August in each year. to be drawn. SEC. 2. And be it further enacted, That the jurors for the said court, grand as well as petit, be drawn from the inhabitants of Greenville dis- Jurors therefor, trict, South Carolina, who are or may be liable, according to the laws of how and whence South Carolina, to do jury duty in the courts of law in the said State; and that the jurors to be drawn for the first term of the said court shall be drawn at the term of the district court to be holden in the city of Charleston: Provided, That they shall be drawn at least ninety days previous to the time appointed for holding the said court at Greenville; but from and after the holding of the first term of the said court, all jurors for the next succeeding term shall be drawn at Greenville during the sitting of the said court. District Court SEC. 3. And be it further enacted, That the said district court for Greenville, in addition to the ordinary jurisdiction and powers of a dis- at Greenville to trict court of the United States, shall have jurisdiction of all causes (ex- have Circuit cept appeals and writs of error) which now are or may be hereafter made Court jurisdiccognizable in a circuit court of the United States, and shall proceed in the same manner as a circuit court. tion. APPROVED, August 16, 1856. CHAP. CXX.-An Act to reimburse the State of Vermont the Expenses incurred by her in Aug. 16, 1856. paying her Militia called out in eighteen hundred and thirty-eight and eighteen hundred and thirty-nine to preserve the Neutrality of the Country. Be it enacted by the Senate and House of Representatives of the United Reimbursement States of America in Congress assembled, That the Secretary of the to Vermont of Treasury be and he is hereby authorized and directed to pay to the certain expenses State of Vermont, out of any moneys in the treasury not otherwise ap- neutralitv. in preserving propriated, the sum of four thousand and nine dollars and eighteen cents, the same being the amount expended by said State in paying and subsisting her militia called out to preserve the neutrality of the United States, then involved in the troubles on the Canada frontier. APPROVED, August 16, 1856. .Aug. 16, 1856. CHAP. CXXI-An Act for the Improvement of the Navigation of the Patapsco River, and to render the Port of Baltimore accessible to the War Steamers of the United States. Be it enacted by the Senate and House of Representatives of the United Appropriation States of America in Congress assembled, That the sum of one hundred for deepening thousand dollars be, and the same is hereby appropriated, out of any the channel of the Patapsco. money in the treasury not otherwise appropriated, to be expended, under the direction of the Secretary of War, in deepening the channel of the Patapsco River, and in rendering the port of Baltimore accessible to the steam frigates and other war vessels of the United States. In the Senate of the United States, August 16th, 1856. The President of the United States, having returned to the Senate, in which it originated, the bill entitled "An act for the improvement of the navigation of the Patapsco River, and to render the port of Baltimore accessible to the war steamers of the United States," with his objections thereto, the Senate proceeded, in pursuance of the constitution, to reconsider the same; and Resolved, That the said bill do pass, two-thirds of the Senate agreeing to pass the same. Attest: ASBURY DICKINS, Secretary. In the House of Representatives of the United States, August 16th, 1856. The House of Representatives having been notified by the Senate that the bill entitled, "An act for the improvement of the navigation of the Patapsco River, and to render the port of Baltimore accessible to the war steamers of the United States," had been returned by the President, with his objections, to the Senate, in which it originated, and that the Senate having proceeded, in pursuance of the constitution, to reconsider the same, had "Resolved, that the said bill do pass, two thirds of the Senate agreeing to pass the same," the House of Representatives proceeded, in pursuance of the constitution, to reconsider the said bill, and, Resolved, That the said bill do pass, two thirds of the House of Representatives agreeing to pass the same. Attest: WM. CULLOM, Aug. 16, 1856. CHAP. CXXII.—An Act making Appropriations for the Naval Service for the Year ending the thirtieth of June, eighteen hundred and fifty-seven. Pay. Provisions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be and they are hereby appropriated, to be paid out of any money in the treasury not otherwise appropriated, for the year ending the thirtieth of June, one thousand eight hundred and fifty-seven. For pay of commission, warrant, and petty officers, and seamen, including the engineer corps of the navy, three million four hundred and twenty-one thousand seven hundred and eighteen dollars. For provisions for commission, warrant, and petty officers and seamen, including engineers and marines attached to vessels for sea service, eight hundred and forty thousand four hundred and fifty dollars. For increase, repair, armament, and equipment of the navy, including Increase and the wear and tear of vessels in commission, fuel for steamers, and pur- repair of navy; fuel and hemp. chase of hemp for the navy, two million seven hundred and ninety-nine thousand five hundred dollars. For ordnance and ordnance stores and small arms, including incidental Ordnance, &c. expenses, two hundred and twenty-one thousand dollars. For contingent expenses that may accrue for the following purposes, Contingencies. viz: freight and transportation, printing and stationery, advertising in newspapers, books, maps, models, and drawings, purchase and repair of fire engines and machinery, repairs of and attending to steam engines in navy yards, purchase and maintenance of horses and oxen, and drawing teams, carts, timber wheels, and the purchase and repairs of workmen's tools, postage of public letters, fuel, oil, and candles, for navy yards and shore stations, pay of watchmen and incidental labor, not chargeable to any other appropriation, transportation to, and labor attending the delivery of provisions and stores on foreign stations, wharfage, dockage, and rent, travelling expenses of officers and others under orders, funeral expenses, store and office rent, stationery, fuel, commissions and pay of clerks to navy agents and storekeepers, flags, awnings, and packing boxes, premiums and other expenses of recruiting, apprehending deserters, per diem pay to persons attending courts-martial and courts of inquiry, and other services authorized by law, pay to judges-advocate, pilotage and towage of vessels, and assistance to vessels in distress, bills of health, and quarantine expenses of vessels of the United States navy in foreign ports, eight hundred and fifty-nine thousand seven hundred and fifty dollars: Provided, That the expenditures under the foregoing appropriations shall be so accounted for as to show the disbursements by each bureau, under each respective appropriation. Proviso. Publication of of the La Plata and To enable the Secretary of the Navy to publish the charts of the explorations of La Plata River, and the charts of the surveys of the Beh- exploration rings Straits Expedition, twenty-six thousand two hundred and eightysix dollars. That each purser attached to a sloop-of-war, or other vessel smaller than a frigate, shall be authorized to appoint a clerk in lieu of the steward heretofore allowed, subject to the approval of the commanding officer of such vessel; and such clerk shall have the privileges allowed to the clerk of the commanding officer, and his yearly compensation shall be four hundred dollars and one ration per day. Marine Corps.-For pay of the officers, non-commissioned officers, musicians, and privates, clerks, messengers, stewards, and servants, for rations and clothing for servants, subsistence and additional rations for five years' service of officers, for undrawn clothing and rations, bounties for reënlistments, and pay for unexpired terms of previous service, three hundred and twenty-three thousand, two hundred and thirty-three dollars and ninety-four cents. For provisions for marines serving on shore, forty thousand nine hundred and thirty-four dollars and seventy-five cents. For clothing, fifty-five thousand two hundred and sixty-four dollars. two cents. For military stores, repairs of arms, pay of armorer, for accoutrements, ordnance stores, flags, drums, fifes, and musical instruments, nine thousand dollars. For transportation of officers and troops, and expenses of recruiting, twelve thousand dollars. For the erection and completion of marine barracks at Brooklyn, New York, ninety-six thousand dollars. For the erection and completion of marine barracks at Pensacola, Florida, sixty thousand dollars. of the surveys of the Behrings Straits expedition. Purser's clerk. Marine corps. |