March 3, 1849.
Chap. CV. — An Act making Appropriations for Lighthouses, Lightboats, Buoys, &c., and providing for the Erection and Establishment of the same, and for other Purposes.
Appropriation for lighthouses, light-boats, buoys, &c.
Proviso, as to cases were title cannot be obtained.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following appropriations be, and the same are hereby, made, and directed to be paid out of any money in the treasury not otherwise appropriated, to enable the Secretary of the Treasury to carry out the provisions of this act into effect: Provided, however, If a good title to any land which it may be necessary to use cannot be obtained on reasonable terms, or the exclusive right to such land cannot be acquired by cession, where the interest of the United States demands it, before the appropriation would by law fall into the surplus fund, in any and all such cases the appropriations shall be applicable to the objects for which they are made, at any time within two years after the first meeting of the legislature subsequent to the passage of this act, in any State wherein any such land may be situated, to wit:
$3000.
In Maine. — For thirteen spar buoys and three beacons in Casco Bay, three thousand dollars.
$3500.
For a lighthouse at Gilkey's Harbor, three thousand five hundred dollars.
$3500.
For a lighthouse at Beauchamp Point, or on the opposite side of the harbor, in the town of Camden, three thousand five hundred dollars.
$750.
For a fog-bell at the lighthouse on Libby's Island, seven hundred and fifty dollars.
Massachusetts, $25,000.
Massachusetts. — For a screw-pile beacon, or other practicable structure, on the south shoal off Nantucket, lately discovered by the survey of the coast, twenty-five thousand dollars, to be expended under the direction of the Bureau of Topographical Engineers.
$1000.
For six large buoys on the shoals off Nantucket, one thousand dollars.
$12,500.
For a light-boat on Pollock Rip, off Chatham, twelve thousand five hundred dollars.
New York. $10,000.
$20,000.
New York. — For a light boat on Horse Shoe Reef, Niagara River, ten thousand dollars; or for the erection of a light-house instead thereof, if, after the survey herein provided for, it shall be deemed more advisable, twenty thousand dollars.
$300.
For four spar buoys, to mark the channel from the aforesaid shoal to Bird Island, three hundred dollars.
$10,000.
For a beacon on the south-east part of Romer Shoal, in the lower bay of New York, ten thousand dollars.
$200.
For three spar buoys in Buttermilk Channel, two hundred dollars.
$400.
For four additional spar buoys in the lower bay of New York, at such points as may be designated by the Secretary of the Treasury, four hundred dollars.
New Jersey. $5000.
New Jersey. — For a lighthouse on the rocks at Bergen Point, five thousand dollars.
$300.
For five spar buoys at Thom's River, three hundred dollars.
$300.
For five spar buoys at Barnegat Inlet, three hundred dollars.
$5000.
For a lighthouse at the mouth of the Passaic River, five thousand dollars.
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$100.
For two buoys on the east and west oyster beds in Newark Bay, one hundred dollars.
$5000.
For a lighthouse on the east point of Maurice River, Cumberland county, five thousand dollars.
$10,000.
To provide surf boats, life cars, rockets, carronades, lines, and other necessary apparatus for the better preservation of life and property from shipwreck along the coast of New Jersey, between Little Egg Harbor and Cape May, ten thousand dollars, to be expended under the direction of such officer of the revenue marine service as may be designated for that purpose by the Secretary of the Treasury.
Delaware. $10,000.
Delaware. — For the foundation and construction of a lighthouse at the Delaware Breakwater, ten thousand dollars.
Maryland, $120.
Maryland. — For two spar buoys at the mouth of Chester River, one hundred and twenty dollars.
Texas. $12,500.
Texas. — For a light-boat on Galveston Bar, twelve thousand five hundred dollars.
$7500.
For a lighthouse at Sabine Pass, seven thousand five hundred dollars.
Illinois. $15,000.
Illinois. — For the foundation and construction of a lighthouse at or near the end of the north pier at Chicago, fifteen thousand dollars, to be expended under the direction of the Bureau of Topographical Engineers, and the present lighthouse within the city, and the beacon light on the pier, shall be discontinued from and after the completion of the aforesaid lighthouse.
$4000.
For a lighthouse at the mouth of Calumet River, four thousand dollars, to be expended under the direction of the Bureau of Topographical Engineers.
Florida, $1000.
Florida. — For buoys on and near the bar of Nassau River, on the coasts of Georgia and Florida, in the neighborhood thereof, one thousand dollars.
Michigan. $3500.
Michigan. — For a lighthouse at the mouth of Muskegon River, three thousand five hundred dollars.
$7500.
For a lighthouse on Manitou Island, Lake Superior, seven thousand five hundred dollars.
$4000.
For a lighthouse at Eagle Harbor, Lake Superior, four thousand dollars.
$1000.
For a floating bell at Stanard Rock, Lake Superior, one thousand dollars.
$4000.
For a lighthouse on Skilagalee Rock, Lake Michigan, four thousand dollars.
$750.
For a beacon light on the pier at New Buffalo, seven hundred and fifty dollars.
$3500.
For a lighthouse at North Black River, Lake Michigan, three thousand five hundred dollars.
$10,000.
For providing surf boats, life boats, and other means for the preservation of life and property shipwrecked on the coast of the United States, ten thousand dollars, to be expended under the control and direction of the Secretary of the Treasury.
In case of preliminary report by Fifth Auditor, officers of the navy or of the topographical engineers to make surveys for sites of lighthouses.
Sec. 2. And be it further enacted, That if the Fifth Auditor shall report, in any of the cases herein provided for, that preliminary surveys are necessary to determine the site of a proposed lighthouse or light-boat, or to ascertain more fully what the public exigency demands, the Secretary of the Navy shall, thereupon, appoint one or more officers of the navy, not under the grade of commander, to perform the required service; or when the expenditure is to be made under the direction of the Bureau of Topographical Engineers, the Secretary of War shall appoint one or more officers of the corps of topographical engineers, possessing the requisite skill and experience to perform the like service.
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Said officers to make report of the result of their examinations.
Sec. 3. And be it further enacted, That any officer so appointed shall forthwith enter upon the discharge of the duty, and after fully ascertaining the facts, shall report: first, whether the proposed facility to navigation is the most suitable for the exigency which exists; and second, where it should be placed if the interests of commerce demand it; third, if the thing proposed be not the most suitable, whether it is expedient to make any other kind of improvement; fourth, whether the proposed light has any connection with other lights, and if so, whether it cannot be so located as to subserve both the general and the local wants of trade and navigation; and fifth, whether there be any, and if any, what other facts of importance touching the subject.
Reports to be laid before the Secretary of the Treasury.
Sec. 4. And be it further enacted, That all such reports shall, as speedily as may be, be laid before the Secretary of the Treasury, and if such as to authorize the work without further legislation, he shall forthwith proceed with it, otherwise such reports shall be laid before Congress at the next ensuing session; but in all cases where the Fifth Auditor does not report preliminary examination as expedient, the provisions of this act shall without delay be carried into execution.
Regulations to be observed by vessels, steamboats, &c., navigating the northern or northwestern lakes.
Sec. 5. And be it further enacted, That vessels, steamboats, and propellers, navigating the northern and western lakes, shall, from and after the thirtieth day of April next, comply with the following regulations, for the security of life and property, to wit: during the night, vessels on the starboard tack shall show a red light, vessels on the larboard tack a green light, and vessels going off large, or before the wind, or at anchor, a white light; steamboats and propellers shall carry on the stem, or as far forward as possible, a triangular light, at an angle of about sixty degrees with the horizon, and on the starboard side a light shaded green, and on the larboard side red; said lights shall be furnished with reflectors, &c., complete, and of a size to insure a good and sufficient light; and if loss or damage shall occur, the owner or owners of the vessel, steamboat, or propellor, neglecting to comply with these regulations, shall be liable to the injured party for all loss or damage resulting from such neglect; and the owner or owners of any vessel failing to comply with said regulations shall forfeit a penalty of one hundred dollars, which may be recovered in an action of debt, to be brought by the district attorney of the United States, in the name of the United States, in any court of competent jurisdiction.
Approved, March 3, 1849.

Printed Document, 3 page(s), Public Acts, 30th Cong., 2nd sess., George Minot, Statutes at Large 9, 380-82