How lots in said

descend on the

tors thereof.

sioned by his unlawful act or acts; which money, when recovered, shall be applied by the said corporation, under the direction of the board of managers, to the reparation and restoration of the property destroyed or injured as above, and members of the said corporation shall be witnesses in such suit; and if any person shall unlawfully open any tomb or grave in the lands of the said Oak Hill Cemetery Company, or shall clandestinely remove, or attempt to remove, any body or remains therefrom, such person, on conviction thereof in any court of competent jurisdiction within the county where the said cemetery is situated, shall be sentenced to undergo imprisonment in the penitentiary of the District of Columbia, at hard labor, for a term not less than one year, or more than five, and pay a fine of not less than one hundred dollars, at the discretion of the said court.

SEC. 8. And be it further enacted, That lots in the said cemetery shall cemetery shall be indivisible, and upon the death of any prodeath of proprie prietor of any lot in the said cemetery, he or she being a member of said corporation, the devisee of such lot, or the heir-atlaw, as the case may be, shall be entitled to all the privileges of membership as aforesaid; and if there be more than one devisee, or heir-at-law, of each lot, the board of managers for the time being shall designate which of the said devisees or heirsat-law shall represent the said lot, and vote in the meetings of the corporation; which designation shall continue in force until by death, removal, or other sufficient cause, another designation shall become necessary; and in making such designation the managers shall, as far as they conveniently may, give the preference to males over females, and to proximity of blood, and priority of age, having due regard, however, to proximity. of residence.

Grants, dona

&e., how to be

SEC. 9. And be it further enacted, That it shall be lawful tons, bequests, for the said corporation to take and hold any grant, donation, held and applied. Or bequest, upon trust, to apply the income thereof, under the direction of the board of managers, for the embellishment, pregrvation, renewal, or repair of any tomb, monument, gravestone, or other structure, fence, railing, or other enclosure, in or around any cemetery lot, or for the planting and cultivation of any trees, shrubs, flowers, or plants, in or around any cemetery lot, according to the terms of such grant, donation, or bequest; and any court having equity jurisdiction within the county in which said cemetery is situated shall have full power and jurisdiction to compel the due performance of such trust, or any of them, upon a bill filed by the proprietor of any lot in said cemetery for that purpose.

Said cemetery

alienable, and to

SEC. 10. And be it further enacted, That the said cemete property to be in-ry property shall be, and the same is hereby, declared to be forbe exempt from ever inalienable by the said corporation, and to be exempted from all public assessments and taxes, so long as the same shall remain dedicated to the purposes of a cemetery.

saxes, &c.

Approved March 3, 1849.

CHAP. 129.—AN ACT to provide for the payment of horses and other property lost or destroyed in the military service of the United States.

Payment for

property lost or

the U. s. pro vided for.

military service

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any field, or staff, or other officer, mounted militiaman, volunteer, ranger, or cavalry, engaged in the military ser- horses, and other vice of the United States since the eighteenth of June, eighteen destroyed in the hundred and twelve, or who shall hereafter be in said service, and has sustained, or shall sustain, damage without any fault or negligence on his part, while in said service, by the loss of a horse in battle, or by the loss of a horse wounded in battle, and which has died or shall die of said wound, or being so wounded, shall be abandoned by order of his officer and lost, or shall sustain damage by the loss of any horse by death or abandonment because of the unavoidable dangers of the sea when on board an United States transport vessel, or because the United States failed to supply transportation for the horse, and the owner was compelled by the order of his commanding officer to embark and leave him, or in consequence of the United States failing to supply sufficient forage, or because the rider was dismounted and separated from his horse and ordered to do duty on foot at a station detached from his horse, or when the officer in the immediate command ordered or shall order the horse. turned out to graze in the woods, prairies, or commons, because the United States failed, or shall fail, to supply sufficient forage, and the loss was or shall be consequent thereof, or for the loss of necessary equipage, in consequence of the loss of his horse, as aforesaid, shall be allowed and paid the value thereof, not to exceed two hundred dollars: Provided, That if any payment Proviso. has been, or shall be, made to any one aforesaid, for the use and risk, or for forage after the death, loss, or abandonment of his horse, said payment shall be deducted from the value thereof, unless he satisfied, or shall satisfy, the paymaster at the time he made or shall make the payment, or thereafter show, by proof, that he was remounted, in which case the deduction shall only extend to the time he was on foot: And provided, also, If any payment shall have been, or shall hereafter be, made to any person abovementioned, on account of clothing to which he was not entitled by law, such payment shall be deducted from the value of his horse or accoutrements.

mules, oxen, wa

captured or de

enemy.

SEC. 2. And be it further enacted, That any person who Payment prohas sustained, or shall sustain, damage by the capture or de- vided for horses, struction by an enemy, or by the abandonment or destruction gons, carts, &c., by the order of the commanding general, the commanding offi- stroyed by the cer or quartermaster of any horse, mule, ox, wagon, cart, boat, sleigh, or harness, while such property was in the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner; and any person who has sustained, or shall sustain, damage by the death or abandonment and loss of any such horse, mule, or ox, while

Proviso.

Claims provided for under

Auditor of the

in the service aforesaid, in consequence of the failure on the part of the United States to furnish the same with sufficient forage, and any person who has lost, or shall lose, or has had, or shall have, destroyed by unavoidable accident, any horse, mule, ox, wagon, cart, boat, sleigh, or harness, while such property was in the service aforesaid, shall be allowed and paid the value thereof at the time he entered the service: Provided, It shall appear that such loss, capture, abandonment, destruction, or death, was without any fault or negligence on the part of the owner of the property, and while it was actually employed in the service of the United States.

SEC. 3. And be it further enacted, That the claims providthis act, to be ed for under this act shall be adjusted by the Third Auditor, adjusted by 3d under such rules as shall be prescribed by the Secretary of Treasury. War, under the direction or with the assent of the President of the United States, as well in regard to the receipt of applica tions of claimants as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, which rules shall be such as in the opinion of the Presi dent shall be best calculated to obtain the object of this act, paying a due regard as well to the claims of individuals' justice as to the interest of the United States; which rules and regula tions shall be published for four weeks in such newspapers, in which the laws of the United States are published, as the Secretary of War shall direct.

upon claims

be recorded by

when favorable

Adjudications SEC. 4. And be it further enacted, That in all adjudications to of said Auditor upon the claims abovementioned, whether such 3d Auditor, and judgments be in favor of or adverse to the claim, shall be ento be paid at the tered in a book provided by him for that purpose, and under his Treasury upon direction; and when such judgments shall be in favor of such claim, the claimant or his legal representative shall be entitled to the amount thereof, upon the production of a copy thereof, certified by said Auditor, at the treasury of the United States.

his certificate.

Parents or guardians to be allow.

&c., provided for minors.

SEC. 5. And be it further enacted, That in all instances where ed for lost horses, any minor has been, or shall be, engaged in the military ser vice of the United States, and was, or shall be, provided with a horse or equipments, or with military accoutrement by his parent or guardian, and has died, or shall die, without paying for said property, and the same has been, or shall be, lost, captured, destroyed, or abandoned in the manner before mentioned, said parent or guardian shall be allowed pay therefor, on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto by having furnished the same. SEC. 6. And be it further enacted, That in all instances have been pro- where any person other than a minor has been, or shall be, vided with horses engaged in the military service aforesaid, and has been, or shall be, provided with a horse or equipment, or with military accoutrements by any person, the owner thereof, who has risqued, or shall take the risque of such horse, equipments, or military accoutrements on himself, and the same has been, or shall be, lost, captured, destroyed, or abandoned in the manner before mentioned, such owner shall be allowed pay therefor, on mak

When persons

other than minors

&c., the owners to be paid.

ing satisfactory proof, as in other cases, and the further proof that he is entitled thereto, by having furnished the same, and having taken the risque on himself.

Horses

con

in

for service, consequence of

to be paid for.

SEC. 7. And be it further enacted, That in all cases where demned as unfit horses have been condemned by a board of officers, on account of their unfitness for service, in consequence of the Govern- want of forage, ment failing to supply forage, all such horses and their equipage shall be allowed and paid for, whenever the facts shall be proven, by legal and satisfactory evidence, whether oral or written, that such condemned horse and the equipage was turned over to a quartermaster of the army, whether any receipt therefor was given and produced or not.

Approved March 3, 1849.

CHAP. 130.-AN ACT for the relief of James Hotchkiss.

Authorized to

section of land.

[SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as- enter a quarter sembled, That James Hotchkiss be, and he is hereby, authorized to enter at the Chicago land office, in the State of Illinois, at the minimum price, the northeast quarter of section thirty-one, in township thirty-nine north, and range eight east, of the third principal meridian: Provided, That said Hochkiss, at the time of said entry and purchase, shall satisfy the register and receiver of said land district that there are no adverse or other claimants to said tract of land, or to any part thereof. Approved March 3, 1849.

Proviso

To be paid for five years, semi

pay of her de

CHAP. 131.—AN ACT for the relief of Mary Mac Rea, widow of Lieutenant Colonel William Mac Rea, late of the United States army, deceased. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in consideration of the long, arduous, and faithful services of William Mac Rea, late of the United States annually, a sum army, deceased, commencing in seventeen hundred and ninety- equal to the half one, and continuing through the Indian wars on the north. ceased husband. western frontier of the United States, in which he was distinguished for gallantry and good conduct, and was severely wounded in battle; and also through the late war with Great Britain, in which he rendered valuable and efficient service, as well in battle as in preparation of the means of defence, to the period of his death, while in service, in eighteen hundred and thirty-two, comprising a period, of more than forty years' continuous service, embracing two wars, and of the destitute condition of his widow, there be granted and paid to Mary Mac Rea, widow of the said Lieutenant Colonel William Mc Rea, annually, for five years, in semi-annual payments, a sum equal to one-half the pay to which the said William Mac Rea was entitled at the time of his decease, commencing on the first day of January, eighteen hundred and forty-six, out of any money in the treasury not otherwise appropriated: Provided, She should live so long.

Approved March 3, 1849.

plete his pur

CHAP. 132.-AN ACT for the relief of James G. Carson.

Authorized to [SEC. 1.] Be it enacted by the Senate and House of Repre make and com- sentatives of the United States of America in Congress as chase of a certain sembled, That James G. Carson be, and he is hereby, autho district of Oua rized and permitted to make and complete his purchase of lot ebita, Louisiana. numbered sixteen, of township numbered nineteen, of range

lot of land in the

Selections here

aaid district for

thirteen east, in the district of lands north of Red river, subject to entry and sale at Ouachita, in the State of Louisiana, by paying at the said land office the sum of one dollar and twenty-five cents per acre for the same; and it is hereby made the duty of the United States officer at the said office to receive from him the said price, and issue to him a certificate therefor, upon which he shall be entitled to a patent as in other cases of purchases of land from the Government.

SEC. 2. And be it further enacted, That the selection heretofore made in tofore made, under the directions and approval of the Secretause of schools, in Ty of the Treasury, of lots numbered twenty-five, twenty-six, lieu of lot 16, con- and twenty-seven, in said township nineteen, for the use of schools, in lieu of lot sixteen, be, and the same is hereby, confirmed.

firmed.

Approved March 3, 1849.

CHAP. 133.—AN ACT for the relief of William L. Wigent.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asAuthorized to sembled, That William L. Wigent be, and he is hereby, auchase a certain thorized to enter and purchase, at the minimum price of the pubtract of land in lic lands, the southeast quarter of section numbered twelve, in

enter

Illinois.

and

township numbered thirty-five north, range numbered eleven east, of the third principal meridian, in the northeastern land district of Illinois; it being the same tract of land on which the said Wigent resides, and has improved and cultivated: Provided, the said Wigent, at the time of said entry and purchase, shall satisfy the register and receiver of said land district that there are no adverse or other claimants to said tract of land, or to any part of the same.

Approved March 3, 1849.

on account of the

CHAP. 134.-AN ACT for the relief of Henry D. Garrison.

[SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress asTo be paid $800 sembled, That the sum of eight hundred dollars be paid to claim of Wah-in- Henry D. Garrison, under the direction of the Secretary of gun, under the War, out of any money in the treasury not otherwise approSaginaw band of priated, on due and satisfactory proof being furnished that the Chippewas. claim of Wah-in-gun for said sum in schedule B, annexed to

treaty with the