Page:United States Statutes at Large Volume 15.djvu/377

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FORTIETH CONGRESS. Sess. III. Rss. 9, 10, 11. 1869. 345

 [No. 9.] Joint Resolution directing the Enjoreement of the Lien upon the Steamer “Atlant1'c." jqbL}§,_]§j$&_

I `“‘' ( WIIXCREAS, on the sixth of February, eighteen hundred and forty-nine, P¤¤¤¤¤bi¤·

an agreement in the nature of 9. chattel mortgage was entered into be-

Q tween the Secretary of the Navy of the United States and the assignees

 of the Collins contract, by which, after reciting the acts of March third, lg", °h- 6%
 eighteen hundred and forty-seven, and August third, eighteen hundred and v;QQ,l°°j,,£'11;l’

f. forty-eight aforesaid, and that the assignees of. the contract had launched Vol. ix. p. 267.

 two vessels, (the “Atlantic " and "Paeific," still uniinished,) and had

'_ applied for advances under the act, and were willing and desirous to secure the repayment or refunding of the same from the annual compensa- ` tion of the said ships by a lien on said ships, it was witnessed that the said assignees bargained, sold and conveyed the said two vessels to Prosper M. Wetmore, upon trust; that the assignees should retain possession of the said vessels and employ them in execution of the contract, and if, after the expiration of one year from the commencement of the performance of the service under the contract, the assignees should have failed to repay in money, or to refund out of one year’s compensation, such outstanding balance due and unpaid or unrefunded of such udvances as the Secretary of the Navy might have made prior to the end of one year from the commencement of the performance of the said service, then the said Wetmore was, after advertising for six months the time and place of sale, to sell the said steamships at public auction, and out of the proceeds pay (1) the expenses of the trust, the balances of advances due the United States, and (3) the surplus to the assignces; and whereas the said deed of mortgage is still binding on the “Atlantic," one of the said steamships; and whereas a large amount is still due on the said mortgage for expenses incurred in executing the trust, which amount it is claimed the government is liable for; and whereas the sale of the said steamship “Atlantic " has been duly advertised according to the terms of the mortgage, but never sold : Therefore, Be it resolved by the Senate and House of Representatives of the United Lien *}}*0*], W6 States of America in Congress assembled, That the Secretary of the Navy ggmlilllg be 2: be, and is l1creby, directed to cause the trustee named in the said deed forced. of mortgage to proceed at once, in such mode as the law and deed of mortgage may authorize, to enforce the lien upon said steamship “Atla11tic·," with a view to the immediate payment of the expenses of the trust, and any other balances that may be duo and owing upon the said mortgage. Armcovisn, February 19, 1869. [No. 10.] Joint Resolution authorizing the Secretary of iVar to allow to t/re New York and Feb, 19, 1359, Oswego Jlidland Railroad Company a Right of {Very across a Portion of the public Ground "’""""' at Fort Ontario, Oswego, New York, fw Railroad Purposes. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, N¢WY<>ik wd and he is hereby, authorized to allow to the New York and Oswego Mid- land Railroad Company a right of way through the public land at F ort riglitof wap Ontario, Oswego, in the State of New York, for railroad purposes, upon g‘;`g“§‘Fl;; 3; such terms and conditions as he may think the defences at that point may tmc_ require and make proper, reserving to the United States the right to remove, at the expense of the said company, the rails, ties, and other parts of said road, whenever the Secretary of \Var shall direct, without any claim or right of damages on the part of said company. APPROVED, February 19, 1869. [No. 11.] A Resolution in Relation to Cons: Defence. Feb. 19, 1acs._ Resolved by the Senate and fbuse of .Representatl'v:es of the United States of America: in Congress assembled, That the general of the army and