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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Solicitor of the Treasury be, and he is hereby, authorized and directed to remit to the said sureties, as a credit upon the amount of said judgment in satisfaction pro tanto, the said sum of twentyfive hundred dollars, upon the payment of the balance of said judgment by the said securities: Provided, however, That nothing herein, contained shall in anywise have the effect to release the principal in said bond from his liability thereon. Approved January 30, 1863.

CHAPTER XVI.

AN ACT for the relief of the legal representatives of Seneca G. Simmons. January 31, 1863.

Representatives of Seneca G. Sim

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, in settling mons to be allowed the accounts of the late Seneca G. Simmons, as assistant commis- $1,500. sary of subsistence, be, and hereby are, authorized and instructed to allow his legal representatives credit for the sum of money belonging to the United States stolen from his possession at Metamoras, Mexico, on the night of the eleventh of April, eighteen hundred and forty-seven, to wit: fifteen hundred dollars. Approved January 31, 1863.

CHAPTER XVIII.

AN ACT to provide for the payment of expenses incurred by the marshal February 3, 1863. of Boston for repairs to the United States court-house.

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 directed to pay to Watson Freeman, late United States marshal for the district of Massachusetts, the sum of two hundred and eighty-one dollars and forty-two cents, out of any money in the treasury not otherwise appropriated, in full satisfaction of the claim of said Freeman for expenses incurred by him in repairs to the United States court-house in Boston. Approved February 3, 1863.

Watson Freeman to be paid for expenses of repairs of court-house in Boston.

CHAPTER XXX.

AN ACT to authorize the Court of Claims of the United States to hear and February 9, 1863. determine the claim of the heirs of Stephen Johnston, deceased.

Whereas by an act of Congress, passed July twentieth, eighteen hundred and forty, for the relief of the children of Stephen Johnston, deceased, said heirs were thereby authorized to surrender to the United States certain lands, and to receive in lieu

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Vol. vii, p. 295.

Stephen Johnston

court.

thereof a certificate "receivable in payment, at any land office of the United States, for any half section of land not subject to pre-emption;" and whereas said heirs, in pursuance of the provisions of said act, did, on the second day of February, anno Domini eighteen hundred and forty-one, surrender said land, and did receive a certificate as aforesaid, and did thereafter twice make application to the Commissioner of the General Land Office for the purchase of one half section of the public lands of the United States with said certificate, which several applications were refused by said Commissioner, although at the time of said applications the lands applied for were duly authorized to be sold; and whereas it was the manifest intention of Congress, by the passage of said act, to give to said heirs the right to make choice of and purchase with said certificate any half section of the public lands of the United States, in order to compensate said heirs for the loss of a judicious selection of land granted to them by the provisions of a treaty made by the United States with the Pottawatomie Indians on the sixteenth day of October, anno Domini eighteen hundred and twenty-six; and whereas since the passage of said act, and the issuing of said certificate, the most valuable lands of the United States have been disposed of and made subject to pre-emption, and the holders of the certificate have been deprived of the use thereof in the purchase of such valuable lands by reason of the decisions aforesaid; and whereas there are now no public lands of the United States upon which said certificate could be used, affording anything like a just compensation to said heirs for the loss of a judicious selection for them under the provisions of the treaty aforesaid: Therefore

Be it enacted by the Senate and House of Representatives of Claim of heirs of the United States of America in Congress assembled, That the to be referred back claim of the heirs of Stephen Johnston, deceased, be, and the same to Court of Claims. is hereby, referred back to the Court of Caims of the United States, together with the record and papers of the case of Stephen Johnston and others against the United States, formerly heard in said Direction to the court; thereupon said court is authorized and directed to order proof to be taken of the value of such a selection of one half section of land within the boundaries of the treaty aforesaid, as said heirs were justly and equitably entitled to, as it was on the second day of February, anno Domini eighteen hundred and forty-one; Value of selec- and in estimating the value of such a selection as it was on the day aforesaid, all or any improvements upon the land so valued shall not be considered, but the value of such a selection shall be estimated considering its natural advantages of position, &c., and any increase of value from extrinsic and general causes to the date aforesaid.

tion.

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SEC. 2. And be it further enacted, That when the value of such a selection shall be so ascertained by the proof, and thereupon determined by the court, which is hereby required, said court shall add interest upon the value so determined from February second, eighteen hundred and forty-one, and thereupon to ascertain and determine what amount of land scrip of the United States, as hereinafter provided, may be necessary to be issued to said heirs in compensation and satisfaction of the amount so ascertained and de

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Secretary of the Interior to issue

Eliza Winans, &c.

in payment for

termined by the court. And thereupon said court shall order the
amount so ascertained to be issued. And the Secretary of the
Interior of the United States shall, and he is hereby authorized
and required, upon the order aforesaid, and the surrender of the land scrip to Ste-
land certificate now held by said heirs to the United States, to phen Johnson, &c.,
cause to be issued to said heirs, to wit: To Stephen Johnston and
his heirs and assigns, and to Eliza Winans and her heirs and as-
signs, in equal proportions, severally, land scrip of the United
States to the amount ascertained and determined by the court as
aforesaid, which scrip shall be receivable in payment for any lands
of the United States subject to private entry, the minimum price
of which does not exceed one dollar and twenty-five cents per
acre for each acre mentioned in the certificates of scrip so issued ;
and said land scrip, if offered, shall be receivable in payment of Scrip receivable
any lands of the United States the sale of which is authorized by wha
law, the value of said scrip to be estimated at one dollar and
twenty-five cents for each acre of land therein named-that is to
say, scrip for eighty acres of land shall be deemed to be of the
value of one hundred dollars, and shall be received as so much
money when offered in payment of land worth more than one dol-
lar and twenty-five cents per acre, and the same rule shall apply
to the scrip issued for a greater or less number of acres; and said
land scrip shall, moreover, be assignable by endorsement, attested
by two witnesses, and shall be issued in legal subdivisions in the tested, issued in le-
following manner, to wit: For each section to be issued one cer-
tificate of scrip for one hundred and sixty acres, four certificates
for eighty acres each, and four certificates for forty acres each:
Provided, That if there shall be any fraction less than forty acres
o make up
the amount to be issued the same shall be so issued:
And provided, further, That when so issued and delivered shall
be in full satisfaction and adjustment of the claim aforesaid.
Approved February 9, 1863.

Assignable by endorsement, at

gal subdivisions.

Proviso.

Scrip to be in full satisfaction of the claim.

CHAPTER XXXI.

AN ACT for the relief of Isaac Vanderpoel.

Feb. 10, 1863.

Isaac Vanderpoel to be allowed

$206 66 in settlecounts.

ment of his ac

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 hereby, authorized and directed to allow to Isaac Vanderpoel, late United States army pension agent at Albany, New York, in his account with the government of the United States of pensions paid by him, the item of two hundred and six dollars and sixty-six cents, ($206 66,) paid on the tenth of October, eighteen hundred and fifty-five, to George Hamilton, purporting to act as attorney for Elizabeth Vanderheyden, a pensioner under the act of third of February, 1853, ch. 41, vol. eighteen hundred and fifty-three.

Approved February 10, 1863.

X, p. 154.

Feb. 14, 1863.

wegian bark "Ad

skiold."

CHAPTER XXXV.

AN ACT for the relief of the owners of the Norwegian bark "Admiral P.
Tordenskiold."

Be it enacted by the Senate and House of Representatives of Damages to Nor the United States of America in Congress assembled, That there miral P. Torden- be paid, out of any money in the treasury not otherwise appropriated, to the order of the proper functionary of his Majesty the King of Sweden and Norway, the sum of fourteen thousand three hundred and nine dollars and thirteen cents, in coin, as full compensation to the owners of the Norwegian bark "Admiral P. Tordenskiold," or their legal representatives, for damages sustained by the said bark by reason of being prevented, by the commander of the United States blockading force at Charleston, in May, eighteen hundred and sixty-one, from leaving the said port with cargo, the said bark having innocently entered during a brief interval in which the blockading force was absent. Approved February 14, 1863.

Feb. 18, 1863.

CHAPTER XXXVIII.

AN ACT for the relief of Joseph W. Dyer, Ansel L. Dyer, and William W.

Dyer.

Be it enacted by the Senate and House of Representatives of Repayment to the United States of America in Congress assembled, That the Joseph W. Dyer and others of ton- Secretary of the Treasury is hereby authorized and directed to nage duties wrong- pay, out of any money in the treasury not otherwise appropriated, fully exacted. to Joseph W. Dyer, Ansel L. Dyer, and William W. Dyer, the sum of five hundred and forty-nine dollars and sixty cents, being for tonnage duties wrongfully exacted from the ship "Corinthian' by the collector of the port of New Orleans in the year one thousand eight hundred and fifty-eight.

Approved February 18, 1863.

Feb. 18 1863.

CHAPTER XXXIX.

AN ACT for the relief of Cyrus Clapp and his guarantors or sureties.

Be it enacted by the Senate and House of Representatives of Cyrus Clapp and the United States of America in Congress assembled, That Cyrus sureties released Clapp and his guarantors or sureties, of the State of Iowa, be, and certain mail con- they hereby are, forever discharged and released from all liability

from liability on

tracts.

to the government of the United States, or the Post Office Department of said government, on account of the failure of the said Cyrus Clapp to comply with certain mail contracts on routes Nos. 10935 and 10936, in the State of Iowa.

SEC. 2. And be it further enacted, That this act shall take effect and be in force from and after its passage. Approved February 18, 1863.

CHAPTER XL.

AN ACT for the relief of John Cradlebaugh.

Feb. 18, 1863.

John

Cradle.

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 hereby, authorized and baugh, payment to. directed, out of any money in the treasury not otherwise appropriated, to pay to John Cradlebaugh, one of the justices of the supreme court of the Territory of Utah, the sum of eleven hundred and five dollars, in full for the expenses of removing the records, seal, papers, library, and other appurtenances of the district court of the second judicial district of the said Territory from Provo City to Genoa, or Carson City, in the year eighteen hundred and fifty-nine.

Approved February 18, 1863.

CHAPTER XLI.

AN ACT for the relief of certain of the crew of the ship Nightingale.

Feb 19, 1863.

Payment to certain of the crew ot

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 is hereby authorized and directed to the ship Nightinpay, from any money in the treasury not otherwise appropriated, gale. to Charles Smith, Andrew Laird, John Lord, William Smith, and Antonio Frank, thirty-seven dollars and fifty cents each, and to Robert Brent, thirty dollars, in full for their services on board the ship Nightingale in her late voyage from Liverpool to the coast of Africa.

Approved February 19, 1863.

CHAPTER XLII.

AN ACT for the relief of Ignatius C. Mattingly, postmaster at Bardstown,

Kentucky.

Feb. 19, 1863.

Allowance to Ignatius C. Matting

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Sixth Auditor of the Treasury, in the settlement of the accounts ly, in settlement of of Ignatius C. Mattingly, postmaster at Bardstown, Kentucky, be accounts. directed to allow to said Mattingly the sum of three hundred and ninety dollars, the amount of postage stamps and money accrued from postages belonging to the Post Office Department, forcibly taken from him by a rebel force under the command of John Morgan, upon said Mattingly exhibiting satisfactory proof that the said amount was taken from him without complicity, negligence, or deficiency of duty on his part.

Approved February 19, 1863.

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