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shall be deemed violators of the laws of nations, and disturbers of the public repose, and 30 April 1700. imprisoned not exceeding three years, and fined at the discretion of the court.(a)
15. No citizen or inhabitant of the United States, who shall have contracted debts Ibid. & 27. prior to his entering into the service of any ambassador or other public minister, which debts shall be still due and unpaid, shall have, take or receive any benefit of this act; (b) prior to entering nor shall any person be proeeeded against by virtue of this act, for having arrested or ter service exsued any other domestic servant of any ambassador or other public minister, unless the cepted. name of such servant be first registered in the office of the secretary of state, and by Servants of such secretary transmitted to the marshal of the district in which congress shall reside, to be registered, who shall, upon the receipt thereof, affix the same in some public place in his office, whereto all persons may resort and take copies without fee or reward.
16. If any person shall violate any safe-conduct or passport duly obtained and issued Ibid. & 28. under the authority of the United States, or shall assault, strike, wound, imprison or in Punishment for any other manner (C) infract the law of nations, by offering violence to the person of an conduct, or offer. ambassador or other public minister, (a) such person so offending, on conviction, shall ing violence to be imprisoned not exceeding three years, and fined at the discretion of the court.(e) foreign minister
1. Actions not to abate for defect of form; except on special demurrer.
Amendments to be allowed.
1. No summons, writ, declaration, return, process, judgment or other proceedings in 24 Sept. 1789332
1 Stat. 91. civil causes in any of the courts of the United States, shall be abated, arrested, quashed or reversed for any defect or want of form, (9) but the said courts respectively shall pro- Actions madritet ceed and give judgment according as the right of the cause and matter in law shall of form. appear unto them, without regarding any imperfections, defects or want of form in such writ, declaration or other pleading, return, process, judgment or course of proceeding Fxcept on special
demurrer. whatsoerer, except those only in cases of demurrer, which the party demurring shall specially set down and express together with his demurrer as the cause thereof. And the said courts respectively shall and may, by virtue of this act, from time to time, amend Amendments to
be allowed. all and every such imperfections, defects and wants of form, other than those only which the party demurring shall express as aforesaid, and may at any time permit either of the parties to amend any defect in the process or pleadings, upon such conditions as the said courts respectively shall in their discretion, and by their rules prescribe.(h)
(a) The entry into a minister's garien, by the agent of the 2 W.C. C. 200. It extends the power of amendments as far rs owner of a slave, and there seizing and carrying away such slave any of the British statutes of jeofails. Walden r. Craig, 9 Wh. to the owner, is not such a violation of the domicil of the minister 576. It embraces verlicts, defective in form, but -ubstantially as constitutes a punishable offence under this act. 1 Opin. 111. sufficient to enable the court to perceive the right of the case. (b) See 1 Opin. 26-7.
Roach v. Hulinga, 16 Pet. 319. And is sufficiently comprehen. (©) The law of nations islentifies the property of the foreign sive to embrace causes of appellant as well as original jurisdicminister, attached to his person, or in his use, with his person. tion. Anon., 1 Gall. 22. Smith v. Jackson, 1 Paine. 486. The To insult them, is an attack on the minister and his sovereign; Edward, 1 Wh. 261. Kennedy v. Bank of the State of Georgia, and it appears to have been the intention of the act of congress, 8 How. 610. But it gives no authority to amend julgments, exto punish offences of this kind. United States v. Hand, 2 W.C. cept as to defects and want of form. Albers v. Whitney, 1 Story, See 1 Opin. 41.
310. See Nelson v. Barker, 3 McLean, 379. Woodward v. Brown, (d) It is no defence, upon an indictment, under this section, 13 Pet. 1. Smith v. Jackson, 1 Paine, 486. Fisher v. Rutherford, that the defendant was ignorant of the public character of the Bald. 195. minister. United States v. Ortega, 4 W.C. C. 531. United States (h) If the amendment be ma le in the circuit court, the cause is . Little, 2 Ibid. 209.
heard and adjudicated in that court, and upon appeal to the su(e) The persons and household goods of foreign ambassadors, preme court, on the new allegation; but if the amendment be and those attached to their respective legations, are exempt from allowed by the supreme court, the cause is remandeul to the cir lawful arrest, seizure or molestation, as well by the laws of cuit court, with directions to allow the amendment to be made. nations, as by the act of congress; it is therefore unlawful for the The Marianna Flora, 11 Wh. l. See further on the subject of keper of a hotel in Washington, with whom the attaché of the amendments; Osborn v. United States Bank, 9 Wh. 738. Day v. lezation in France is a boarder, to oppose by force, in any man- Chism, 10 Ibid. 449. Conolly v. Taylor, 2 Pet. 556.
Course 0. ner, the removal therefrom of any of his personal effects. 5 Stead, 4 Dall. 22. Randolph v. Barrett, 16 Pot, 138. Hozey v. Opin. 69.
Buchanan, Ibid. 215. The Divina Pastora, 4 Wh. 52. Briz Caro ig Under the provisions of this act, a variance, which is merely lino v. United States, 7 Cr. 196. Schooner Anne v. United States, matter of form, may be amended at any time Scull v. Briddle, Ibid. 570. Smith v. Ely, 15 low. 137.
I. PAYMENT OF A. PROPRIATIOXS.
II. TRANSFER OF APPROPRIATIONS. 1 Style of appropriation acts
7. Appropriations to fortifications, &c., not to be transferred to 2. All warrants to specify and be charged to appropriations. any other object. Separate accounts to be rendered to congress. When the presi- & Appropriations for one year not to be transferred to another. dent may order transfer of appropriations. Account thereof to 9. Certain appropriations to the war and navy departments may be laid before congress.
be transferred to other objects in the same department. 3. Unexpended appropriations to be carried to the surplus 10. Transfers of appropriations for fortifications when allowed. fund. Balance to be repaid to the treasury.
11. Appropriatious to post-office may be trausferred. 4. Statement of expenditures in war and navy departments to 12. Transfers by hends of departments. be laid before congress. Secretaries to estimate the probable de 13. Power to transfer appropriations to the pary department mands, &c. Accounts to be rendered annually. Unexpended repealel. muveys to be carried to the surplus fund, after two years. Unless 14. Surplus appropriations, how applied. a longer timo be allowed.
15. Contingent funds of congress not to be applied to any other 5. When uvexpended appropriations to be carried to the sur. object. plus fund. Surplus fund not to be used for any purpose.
16. Appropriations to clothing fund not to be transferred, ex. 6. How appropriations to war and navy departments to be cept, &c. drawn.
17. Appropriations to the war department, not to be transfer red, except in certain cases.
5 Stat. 537.
2 Stat. 535.
All warrants to
counts to be
I. PAYMENT OF APPROPRIATIONS. 26 Aug. 1812 2. 1. The style and title of all acts making appropriations for the support of government,
shall be as follows, to wit: “An act making appropriations (here insert the object) for
the year ending June thirtieth (here insert the calendar year). 3 March 1809 1. 2. All warrants drawn by the secretary of the treasury, or of war, or of the navy,
upon the treasurer of the United States, shall specify the particular appropriation or specify and not appropriations to which the same should be charged: the moneys paid by virtue of such charged to ap- warrants shall, in conformity therewith, be charged to such appropriation or appropriapropriations.
tions, in the books kept in the office of the comptroller of the treasury, in the case of
tary of war, or by the secretary of the navy; and the officers, agents or other persons, Separate ao who may be receivers of public moneys, shall render distinct accounts of the application rendered to con- of such moneys according to the appropriation or appropriations under which the same
shall have been drawn, and the secretary of war and of the navy shall, on the first day
for each branch of expenditure in the several departments shall be solely applied to the When the presi- ohjects for which they are respectively appropriated, and to no other : Provided neverthe
oruer transfer of appro
less, that during the recess of congress, the president of the United States may, and he priations. is hereby authorized, on the application of the secretary of the proper department, (a)
and not otherwise, to direct, if in his opinion necessary for the public service, that a por-
laid before congress during the first week of their next ensuing session.
account of the surplus fund, any moneys appropriated for the department of war, or of Unexpended ap- the navy, which may remain unexpended in the treasury, or in the hands of the trva-urer, be carried to the as agent for those departments, whenever he shall be informed, by the secreturies of Burplus fund.
those departments, that the object for which the appropriation was made has been Balance to be re effected. And it shall be the duty of the secretaries of war and nary departments, to paid to the
cause any balance of moneys drawn out of the treasury, which shall remain unexpended, treasury.
after the object for which the appropriation was made shall be effected, to be repaid to
the surplus fund.(0)
priations of the preceding year, for their departments respectively, showing the amount (a) The president does not possess the power to order any por- the surplus fund, without a report from the secretary of war. tion of a specific appropriation for the mileage and pay of mem- after the expiration of two years from the calendar year in which bers of the house of representatives to be transferred to the con- they were appropriated. Or, within the two years upon a report tingent fund of that body. 3 Opin. 442. But he may direct from the secretary of war, that the object for which the same appropriations for one fortification to be transferred to another. were appropriated has been effected. And so also, may a like trans4 Ibid. 110. And he may, if he deem it conducive to the public fer be made of moneys to be paid into the treasury, in the hands interest, direct transfers of appropriations from the branch of of the treasurer, as agent, whenever the secretary of war shall expenditure of the quartermaster's department, to the other report them: and of moneys once drawn from the treasury, but branches of barracks, quarters, &c., and of transportation of remaining unexpended, though repaid into the treasury after the officers' baggage. Ibid. 363.
appropriation shall have been carried to the surplus fund. 2 (b) Moneys appropriated to the service of the war department, Opin. 412. 7 Ibid. 1. See infra, 13. and remaining unexpended in the treasury, may be carried to
Account thereof to be laid before congress.
3 Siat, 507.
war and navy
be laid before cougress.
Accounts to be
time be allowed.
10 Stat. 98.
appropriated under each specific head of appropriation, the amount expended under 1 May 1920. each, and the balance remaining unexpended, either in the treasury, or in the treasurer's hands, as agent of the war or navy departments, on the thirty-first December preceding : departments to And it shall be further the duty of the secretaries aforesaid, to estimate the probable demands which may remain on each appropriation, and the balance shall be deducted from the estimates of their departments, respectively, for the service of the current Secretaries to year; and accounts shall also be annually rendered, in manner and form as aforesaid, probable de exhibiting the suns espended out of the estimates aforesaid, and the balance, if any, mands, &c. which may remain on hand, together with such information, connected with the same, as shall be deemed proper. And whenever any moneys, appropriated to the departments reudered aunuof war, or of the navy, shall remain unexpended in the hands of the treasurer, as agent ally. of either of those departments, for more than two years after the expiration of the calendar year in which the act of appropriation shall have been passed, or to which it refers, Unexpended it shall be the duty of the secretary of such department to inform the secretary of the carried to the treasury of the fact, and the secretary of the treasury shall thereupon cause such moneys after two years. to be carried to the account of the surplus fund: Provided, That when an act making an appropriation shall assign a longer duration for the completion of its object, no transfer Unless a longer of any unexpended balance, to the account of the surplus fund, shall be made until the expiration of the time fixed in such act.
5. Where any moneys shall have remained unexpended upon any appropriations by 31 Aug. 1852 ; 10. law, other than for the payment of interest on the funded debt, or the payment of interest and reimbursement according to contract of any loan or loans made on account of the When unexpend. United States, as likewise moneys appropriated for a purpose in respect to which a larger to be carried to duration is specially assigned by law, for more than two years, after the expiration of the surplus fuud. the fiscal year in which the act shall have been passed, all and any
such appropriations shall be deemed to have ceased and been determined, and the moneys so unexpended shall be immediately thereafter carried, under the direction of the secretary of the treasury, to the account on the books of the treasury denominated the “surplus fund,” to remain like other unappropriated moneys in the treasury, and it shall not be lawful, for any cause or pretence whatsoever, to transfer, withdraw, apply or use for any pur to be used for any pose whatever, any moneys, carried as aforesaid to the surplus fund without further and fpecific appropriations by law.(a)
6. All moneys appropriated for the use of the war and navy departments, shall, from 7 May 1822 7 3. and after the day and year last aforesaid, be drawn from the treasury, by warrants of the secretary of the treasury, upon the requisitions of the secretaries of those depart- tiows worrina ments, respectively, countersigned by the second comptroller of the treasury, and navy departregistered by the proper auditor.
II. TRANSFER OF APPROPRIATIONS. 7. Nothing contained in the act of the 3d of March 1809,(6) entitled “ An act further 3 March 1817 a 1. to amend the sereral acts for the establishment and regulation of the treasury, war and navy departments,” shall be construed to authorize the president of the United States to Appropriations direct any sum appropriated to fortifications,(c) arsenals, armories, custom-houses, docks, &c., not to be navy yards or buildings of any sort, or to munitions of war, or to the pay of the army any other object. or nary, to be applied to any other object of public expenditure.
8. Nothing contained in the act of March 3d 1809, (a) entitled “An act further to 1 May 1820 @ 4. amend the several acts for the establishment and regulation of the treasury, war and wary departments,” shall be so construed, as to allow any appropriation whatever for the Appropriations, service of one year to be transferred to another branch of expenditure in a different to be transferred year, nor shall any appropriations be deemed subject to be transferred, under the provi- w another. sions of the above
mentioned act, after they shall have been placed in the hands of the treasurer, as agent of the war or navy departments.
9. The above-mentioned act of the 3d of March 1809, shall be, and the same is Ibid. 2 5. hereby, so amended, that the president shall be authorized to direct a portion of the moneys appropriated for any one of the following branches of expenditure in the military priations to the department,(e) viz.: for the subsistence of the army, for forage, for the medical and hos. partments may pital department, for the quartermaster's department; to be applied to any other of the le transferred to above-mentioned branches of expenditure in the same department: And that the presi- the same departdent shall be also further authorized, to direct a portion of the moneys appropriated for any of the following branches of expenditure in the navy department,(9) viz.: for provisions, for medicine and hospital stores, for repairs of vessels, for clothing; to be applied
3 Stat. 689.
ments to be drawn.
3 Stat. 390.
3 Stat. 568.
(o) See aet 3 March 1795. & 16, creating the surplus fund, which (c) See infra, 10. is hereby supplied. 1 Stat. 437. In general, an appropriation or (d) Supra, 2. The act of 1909 is a general enabling statute, * balance thereof, made in any year for any continuous contract and authorized the transfer of appropriations subject only to the or other service of the government, may be applied to the same restriction contained in it. It has since been modified by the kertire during the succeeding or any subsequent year, and does acts in the text. 4 Opin. 110, 301. not lapse into the surplus fund, until the particular object be (e) See infra, 16. consummated. 7 Opin. 1. Ibid. 14.
() See infra, 12. () Supra, 2.
5 Stat. 78.
5 Stat. 223.
5 Stat. 533,
5 Stat. 581.
5 Stat. 645.
1 May 1820. to any other of the above-mentioned branches of expenditure in the same department:
and that no transfers of appropriation, from or to other branches of expenditure, shall
be hereafter made. 2 July 1836 3 2. 10. The president of the United States is hereby authorized, under the restrictions of
the act of the first of May 1820, to make transfers from one head of appropriations for Transfers of ap- fortifications, to that of another for a like object, whenever, in his opinion, the public propriations,
interest shall require it. 6 April 1833 8 1. 11. There shall exist in the president and in the postmaster-general, the same power
to transfer funds from one to another head of appropriations, between the appropriations Appropriations above made for the service of the general post office, as exists in the president and any to post oflìce may
other head of an executive department to transfer funds appropriated under one head to
the service of another, in any other branch of the public service. 20 Aug. 1812 23. 12. In case the sum appropriated for any object should be found more than sufficient
to meet the expense thereby contemplated, the surplus may be applied, under the direcTransfers by tion of the head of the proper department, to supply the deficiency of any other item in heads of depart
the same department or office.(a) 31 Aug. 1812 11. 13. All acts, or parts of acts authorizing the president of the United States, or the
secretary of the proper department, under his direction to transfer any portion of the Pourer to transfer moneys appropriated for a particular branch of expenditure in that department, to be the navy depart applied to another branch of expenditure in the same department, be, and are hereby, ment repealed.
so far as relates to the department of the navy, repealed. (6) 3 March 1813 2 2.
14. In case the sum appropriated for any object of contingencies, should be found
more than sufficient to meet the expense thereby contemplated, the surplus may be Surplus appro- applied under the direction of the head of the proper department, to supply the deficiency priations, how applied. of any other item in the same department or office: Provided, That the expenditure for
newspapers and periodicals shall not exceed the amount specifically appropriated to that
object by this act, except in the state department. 3 March 1845 2 2. 15. No part of the appropriations which may be made for the contingent expenses of
either house of congress, shall be applied to any other than the ordinary expenditures of Contingent funds the senate and house of representatives, respectively, nor as extra allowance to any be applied to any
clerk, messenger or attendant of the said two houses, or either of them, nor as payment other object. or compensation to any clerk, messenger or other attendant [to] be so employed by a reso
lution of one of said houses, nor in the purchase of books to be distributed to members, 3 March 1817 2 1.
16. It shall not be lawful hereafter to make transfers from the clothing fund, or the
head of the appropriation for “clothing for the navy,” to any other head of appropriation, Appropriations except in the adjustment of the accounts of disbursing officers, at the office of the fourth to clothing fund. auditor of the treasury. 31 Aug. 1852 2 2. 17. All acts or parts of acts authorizing the president of the United States, or the
secretary of the proper department, under his direction, to transfer any portion of the Appropriations moneys appropriated for a particular branch of expenditure in that department, to be ment not to be applied to another branch of expenditure in the same department, be, and are hereby, transferred, ex- so far as relates to the department of war, repealed; and no portions of the moneys
appropriated by this act shall be applied to the payment of any expenses incurred prior to the first day of July 1852. But nothing herein contained shall be so construed as to prevent the president from authorizing appropriations for the subsistence of the army, for forage, for the medical and hospital departments, and for the quartermaster's department, to be applied to any other of the above-mentioned branches of expenditure in the same department, and appropriations made for a specific object for one fiscal year, shall not be transferred to any other object, after the expiration of that year.
5 Stat. 763.
of congress not to
9 Stat. 171.
10 Stat. 107.
Cept in certain cases.
(a) This is a permanent enactment, and limits transfers by the ciency of the appropriation for preventing and suppressing Indian beauls of departments to the surplus of appropriations, whilst the hostilities. Ibid. 274, 282. And such transfer is not in contiet power conferred upon the presiient extınds to entire appropria- with the constitution, nor with the act 3 March 1795, 216, (1 tions. 5 Opin. 273, 274. The power is limited to transfers within Stat. 437), creating the “furplus fund.” Ibid. 283. the same bureau, and to appropriations for such objects as are (b) Since the passage of this act, the president has no power to enumerated in the 224 section of the act. Ibid. 90. It authorizes direct transfers in the navy department, of moneys appropriated the transfer and application of the surplus of appropriations, to one particular branch, to the account of another branch of I. standing to the credit of the war dop:ırtment, to supply the defi- penditure. # Opin. 266. And see Ibid. 428
I. ADMISSION INTO THE UNION.
14. District attorney, marshal, and clerk for the western dis 1. Arkansas admitted. Boundaries of the state.
trict. 2. Laws of the Cuited States extended to.
15. Convicts in western district may be sent to the eastern peni. 3. Public lands reserved to the United States.
tentiary. 4. Propositions to the state of Arkansas. Section sixteen, in 16. Convicts may be sentenced to hard labor. every township, granted for the use of schools. Certain salt springs, and lands adjoining, grantel to the state. Fire per cent.
IV. LANDS. of proceeds of public lands for improvements. Lands granted for public buildings. For a seminary of learning. To provide
17. Pre-emption rights, in Arkansas, under act of 1814, may be for the primary disposal of the public lands by the United States.
entered on any tract, in Lawrence district. Public lands not to be taxed. Lands of non-residents not to be 18. Claimants to deliver a notice to the register. Notice to be ta xed bigher than those of resideats. Bounty lands to be ex
filed. Claimant to have the right to enter the tract designated. empt from taxation for three years.
Fees Entry and payment, when to be made.
19. Settlers on the Cherokee lands to have pre-emption right II. CIRCUIT COURT.
to two quarter-sections, on removal therefrom. 5. Terms of the circuit court.
20. Register and receiver to take proof of settlement and ra
moval. III. DISTRICT COURTS.
V. LAND OFFICES. 6. District julge to be appointed. To appoint a clerk. 7. District attorney.
21. Divided into four districts. Arkansas district. White River 8. Mar bal.
district. Red River district. Fayetteville district. 9. Terms of the eastern district of Arkansas.
22. Where offices to be located. 10. Jurisdiction over the Lnetian territory.
23. Plats to be deposited therein. 11. Divided into two distrits.
24. Registers and receivers to be appointed. 12. Terms of the western listrict. Special sessions.
25. Mississippi district erected. 18 Western district to have circuit court powers. Appeals to 26. Western district. the supreme court.
27. Champaguole district.
I. ADMISSION INTO THE UNION.(a) 1. The state of Arkansas shall be one, and is hereby declared to be one of the 15 June 1836 e 1.
5 Stat. 50. United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever, and the said state shall consist of all the territory Arkansas ad
mitted. included within the following boundaries, to wit: beginning in the middle of the main channel of the Mississippi river, on the parallel of thirty-six degrees north latitude, run
Boundaries of the ning from thence west, with the said parallel of latitude, to the Saint Francis river; thence state. up the middle of the main channel of said river to the parallel of thirty-six degrees thirty minutes north; from thence west to the southwest corner of the state of Missouri; and from thence to be bounded on the west, to the north bank of Red river, by the lines described in the first article of the treaty between the United States and the Cherokee nation of Indians est of the Mississippi, made and concluded at the city of Washington, on the 26th day of May, in the year of our Lord 1828 ; and to be bounded on the south side of Red riyer by the Mexican boundary line, to the north-west corner of the state of Louisiana ; thence east, with the Louisiana state line, to the middle of the main channel of the Mississippi river; thence up the middle of the main channel of the said river, to the thirty-sixth degree of north latitude, the point of beginning.
2. All the laws of the United States, which are not locally inapplicable, shall have Ibid. & 3. the same force and effect within the said state of Arkansas, as elsewhere within the United States,
3. The state of Arkansas is admitted into the Union upon the express condition that Ibid. 28. the people of the said state shall never interfere with the primary disposal of the public public lands so lands within the said state, nor shall they levy a tax on any of the lands of the United served to the States within the said state; and nothing in this act shall be construed as an assent by congress to all or to any of the propositions contained in the ordinance of the said convention of the people of Arkansas, nor to deprive the said state of Arkansas of the same grants, subject to the same restrictions which were made to the state of Missouri by virtue of an act entitled “ An act to authorize the people of the Missouri territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states, and to prohibit slavery in certain territories,” approved the 6th day of March 1820.
4. In lieu of the propositions submitted to the congress of the United States, by an 23 June 1838 & 1. ordinance passed by the convention of delegates at Little Rock, assembled for the pur
5 Stat. 58. pose of making a constitution for the state of Arkansas, which are hereby rejected; and
(a) By act 26 Marrh 1801, 2 Stat. 283, all that portion of country Missouri lying south of a line beginning on the Mississippi rirer ceded by France to the United States on the 30 April 1803, under at 36 degrees north latitude, running thence west to the river St the name of Louisiana, lying south of the Mississippi territory, François; thence up the same to 30 degrees 30 minutes porth and of an east and wist line to commence on the Mississippi river latitude, and thence west to the western territorial line, was at the 31 degree of north latitude, and extending went to the erected into a separate territory called Arkansas territory, to take Loup-lary of the cession, was formed into a territory under the efect after 4 July 1819; and the seat of government was estab. Dame of the territory of Orleans. The residue of the cession, lished at the post of Arkansas until otherwise directed by the embracing Missouri and Arkansas, was called tho district of territorial legislature. By art 26 May 1824, 4 Stat. 40, the western Louisiana, and placed under the government of Indiana ter boundary of Arhansas territory was fixed at a point furty mics ritory. By art 4 Jone 1812, 2 Stat. 743, this district becaine West of the south-west corner of the state of Missouri, and to run the territory of Missouri. On the 2 March 1821, 3 Stat. 645, con- south to the right bank of Red river, and thenie down that river, gress propiled by joint resolution for the almission of Missouri and with the Mexican boundary, to the line of the state of Louinto the l'nion, which admission became complete on the issuing isiana. The seat of government of the territory was fixed at Little of the prrsilent's proclamation, 10 August 1821. 3 Stat. 797. By Rock, in 1821, where it has ever since remained. Introduction to act 2 March 1819, 3 Slal. 193, all that part of the territory of Lempstead's Circuit Court Reports, 3-4.