Page:United States Statutes at Large Volume 2.djvu/329

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EIGHTH CONGRESS. Sess. I. Ch. 48. 1804. 293 uniform rule of naturalization ; and to repeal the acts heretofore passed on that subject." Sec. 2. And be it further enacted, That when any alien who shall Aiisrvralien have complied with the first condition specified in the iirst. section of the digs h;;‘;°:;“‘ said original act, and who shall have pursued the directions prescribed iam directioris rn the second section of the said act, may die. before he is actually his widow nd naturalized, the widow and the children of such alien shall be considered 325;*::* 0;‘“g: as citizens of the United States, and shall be entitled to all rights and U. States. privileges as such, upon taking the oaths prescribed by law. Ammovnn, March 26, 1804.

  • 1* Sawrurr: I.

Cru?. XLVIII.-—An Act in relation to the Navy Pension Fund. March 26, 1804. Bc it enacted Iby the Senate and House of Representatives of the United Act of March States of America m Congress assembled, That all the money accruing 3;:73930**- X4; or which has already accrued to the United States, from the capture of .,4-jprgi 2;, prizes authorized by law, and which has not already been paid to the 1800. ch- 33. Secretary of the Navy, the Secretary of the Treasury, and the Secretary of Q} of War, as commissioners of the navy pension fund, shall be paid to the 1515, pcb, 55: treasurer of the United States. Act ot'Mnreh 3, Sec. 2. And be it further enacted, 'Rhat it shall be the duty of the jxggpofhmfgh treasurer of the United States, to receive all the money so accruing, and 3, 1819,eh. B9. to disburse the same pursuant to warrants from the Secretary of the __ Navy, countersigned by the accountant of the navy; and :1 distinct { M°“°Y “"“'“¥ . . . rom captures, quarterly account of the monies thus received and disbursed shall be notslrendy pnia rendered by the said treasurer to the accounting officers of the treasury, over. to be paid in the same manner a is 'd d f h bl`' “’ “‘° “°‘*““'°’- s provide or other pu rc monies received by HOW me m0_ him. ney is to be dis- Sec. 3. And be it further enacted, That it shall be the duty of the b¤r¤¢d by the accountant of the navy to receive and settle all accounts whatever, in "°K““3?;£inct relation to the navy pension fund, and report. from time to time, all such quarterly uc. settlements, as shall have been made by him, for the inspection and g¤¤¤¤ ¤ it to revision of the accounting officers of the treasury, in the same manner °!{;‘3:;‘Q‘:;`t as in other cases of public accounts. of the navy to Sec. 4. And be it farther enacted, That the comptroller of the trea- ryceivv wd ¤ctsury shall be fully authorized and empowered to direct suits for the :i';:u';:gg’:;' recovery of any sums now due, or which may hereafter be due to the and report rh; United States, for prizes as aforesaid, and to prosecute the same in the ¤¤€¢· H name of the United States, in the same manner as in other cases for aut;;;?; $ the recovery of monies due to the United States. instance suits Sec. 5. And be it further enacted, That the commissioners of the *`<gP¤Z9¤§¤¤¢*y- navy pension fund be, and they are hereby authorized to appoint a secre- °,.;°,’;‘$‘lff‘°;;;’f tary, who shall perform all such duties in relation to the fund, as they sian funny may shall require of him; and shall receive for his services, a salary not :PP¤¤¤I§F :l¤¤{€- exceeding two hundred and fifty dollars per annum, to be paid quarter a°:3"8m(;fu_"°1°s yearly at the treasury of the United States, and charged to the same mem, fund.(a)

(u.) See note to chapter 53, past, page 297, Navy Pension Fund. By an act passed 10th July, 1832, Congress authorized the appointment of a separate and permanent navy agent at Washington, and directed the performance of the duties, “ not only for the navy yard in the City of Washington, ut from the navy department, under the direction of the Secretary of the Navy, in the payment_0f such account and claims as the secretary may direct.” These duties would not have been so specially stated in this act, if they had been considered by Congress as coming within the ordinary duties oi'_an agent of the navy yard at Washington,under the act of 1804. But independent of this consideration, It is enough to know, that the duties in question were discharged by the defendant, under the construction given to the law by the Secretary of the Navy. United States v. Macdaniel, '7 Peters, 1. The United States instituted a suit to recover a balance charged on the books of the treasury department, against the defendant, who was u. clerk in the navy department, upon a fixed annual salary, and acted as agent For the payment of moneys due to the navy pensioners, the prrvateer pensioners, and For navy disbursements, for the payment of which, funds were {laced in his hands by government. He claimed these commissions at the treasury, and the claim had Sen gnere rejected by the accounting odin