Officers to fur horses. missioned officers, musicians, artificers and privates of the present military establishment: Provided, the officers and riding master furnish their own horses and accoutrements, and actually keep in service the nish their own aforesaid number of horses to entitle them to the aforegoing allowance for forage, or its equivalent in money: And provided also, that the whole or any part of the regiment of light dragoons shall be liable to serve on foot as light infantry until by order of the President of the United States, horses and accoutrements shall be provided to equip the whole or any part thereof, as mounted dragoons. pre SEC. 5. And be it further enacted, That the officers, cadets, noncommissioned officers, musicians, artificers, and privates, raised pursuant to this act, shall be entitled to the like compensation in case of disability by wounds and otherwise, incurred in the service, as the officers, cadets, non-commissioned officers, musicians, artificers and privates in the sent military establishment, and with them shall be subject to the rules and articles of war which have been established or may be hereafter, by law, be established: And that the provisions of the act, intituled “An act fixing the military peace establishment of the United States," relative to the widow, child, or children of any commissioned officer who shall die, while in the service of the United States, by reason of any wound received in actual service of the United States, to courts martial, the regulation and compensation of recruiting officers, the age, size, qualifications and bounties of recruits, arrears of pay, the bonds and duties of paymasters, penalties for desertion, punishment of persons who shall procure or entice any soldier to desert, or shall purchase from any soldier his arms, uniform, clothing or any part thereof; and the punishment of any commanding officer of any ship or vessel who shall receive on board of his ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away any such soldier, or shall refuse to deliver him up to the orders of his commanding officer, to the cath or affirmation to be taken and subscribed by officers, non-commissioned officers, musicians and privates, to the allowance for extra expense to any commissioned officer in travelling and sitting on general courts martial, to arrests of non-commissioned officers, musicians and privates for debts, to the allowance to soldiers discharged from service, except by way of punishment, shall be in force and applied to all persons, matters and things within the intent and meaning of this act, in the same manner as if they were inserted at large in the same. SEC. 6. And be it further enacted, That the subsistence of the officers of the army, when not received in kind, shall be estimated at twenty cents per ration. SEC. 7. And be it further enacted, That there shall be appointed to each brigade one chaplain, who shall be entitled to the same pay and emoluments as a major in the infantry. SEC. 8. And be it further enacted, That in the recess of the Senate the President of the United States is hereby authorized to appoint all or any of the officers, other than the general officers, proper to be appointed under this act, which appointments shall be submitted to the Senate, at the next session, for their advice and consent. SEC. 9. And be it further enacted, That every commissioned and The regiment of light dragoons to serve as infantry until equipped. Same provisions extended to the present force as that already raised, as to compensation. 1802, ch. 9. Subsistence of officers estimated at twenty cents per ration. A chaplain to be appointed to each brigade. His pay, &c. President may make appointof the Senate. ments in recess Commissioned and staff officers must be citizens of U. States. STATUTE I. CHAP. XLIV.-An Act to authorize the transportation of certain documents by April 13, 1808. mail, free of postage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the members of Congress, [Obsolete.] President's message, &c. &c. of March 22, 1808, may be transported by mail free of postage. STATUTE I. the secretary of the Senate, and the clerk of the House of Representatives be, and they are hereby authorized to transmit free of postage, the message of the President of the United States, of the twenty-second day of March, one thousand eight hundred and eight, and the documents accompanying the same, and the documents accompanying the message of the President of the United States, of the thirtieth of March, printed by order of the Senate and House of Representatives, to any post-office within the United States, and territories thereof, to which they may respectively direct; and it shall be a duty of the secretary of the Senate, and of the clerk of the House of Representatives, to send by the mail, the printed copies of the same message and documents, or any part thereof that may remain after Congress shall adjourn, and the same shall be conveyed free of postage as aforesaid, conformably to the directions of the members of each house of Congress respectively: any law to the contrary notwithstanding. APPROVED, April 13, 1808. April 19, 1808. CHAP. XLVI.-An Act to continue in force, for a further time, an act intituled "An act for the more effectual preservation of peace in the ports and harbors of the United States, and in the waters under their jurisdiction.” [Expired.] Act of March continued in force for two years. Be it enacted by the Senate and House of Representatives of the United 3, 1805, ch. 41, States of America in Congress assembled, That the act, intituled "An act for the more effectual preservation of peace in the ports and harbors of the United States, and in the waters under their jurisdiction," passed on the third day of March, in the year of our Lord one thousand eight hundred and five, be, and the same hereby is continued in force for the term of two years, and from thence to the end of the next session of Congress, and no longer. STATUTE I. April 20, 1808. [Expired.] APPROVED, April 19, 1808. CHAP. XLVII.—An Act to revive and continue in force "An act declaring the assent of Congress to certain acts of the states of Maryland and Georgia." Be it enacted by the Senate and House of Representatives of the United 17, 1800, ch. 15, States of America in Congress assembled, That the act which passed the Act of March revived and continued in seventeenth day of March, in the year one thousand eight hundred, intituled "An act declaring the assent of Congress, to certain acts of the states of Maryland and Georgia," be, and the same is hereby revived and continued in force until the third day of March, one thousand eight hundred and fourteen. APPROVED, April 20, 1808. CHAP. XLVIII.—An Act concerning public contracts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, no member of Congress shall, directly or indirectly, himself, or by any other person whatsoever, in trust for him, or for his use or benefit, or on his account, undertake, execute, hold or enjoy, in the whole or in part, any contract or agreement hereafter to be made or entered into with any officer of the United States, in their behalf, or with any person authorized to make contracts on the part of the United States; and if any member of Congress shall, directly or indirectly, himself, or by any other person whatsoever, in trust for him, or for his use or benefit, or on his account, enter into, accept of, agree for, undertake or execute any such contract or agreement, in the whole, or in part, every member so offending, shall, for every such offence, upon conviction thereof, before any court of the United States, or of the territories thereof, having cognizance of such offence, be adjudged guilty of a high misdemeanor, and shall be fined three thousand dollars; and every such contract or agreement as aforesaid shall moreover be absolutely void and of no effect: Provided nevertheless, that in all cases where any sum or sums of money shall have been advanced on the part of the United States, in consideration of any such contract or agreement, the same shall be forthwith repaid; and in case of refusal or delay to repay the same, when demanded, by the proper officer of the department under whose authority such contract or agreement shall have been made or entered into, every person so refusing or delaying, together with his surety or sureties, shall be forthwith prosecuted at law for the recovery of any such sum or sums of money advanced as aforesaid. SEC. 2. And be it further enacted, That nothing herein contained shall extend, or be construed to extend to any contract or agreement, made or entered into, or accepted, by any incorporated company, where such contract or agreement shall be made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange or other property by any member of Congress, where the same shall be ready for delivery, and for which payment shall be made at the time of making or entering into the contract or agreement. SEC. 3. And be it further enacted, That in every such contract or agreement to be made or entered into, or accepted as aforesaid, there shall be inserted an express condition that no member of Congress shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon. SEC. 4. And be it further enacted, That if any officer of the United States, on behalf of the United States, shall directly or indirectly make or enter into any contract, bargain, or agreement, in writing or otherwise, other than such as are herein excepted, with any member of Congress, such officer so offending, on conviction thereof before any court having jurisdiction thereof, shall be deemed and taken to be guilty of a high misdemeanor, and be fined in a sum of three thousand dollars. SEC. 5. And be it further enacted, That from and after the passing of this act it shall be the duty of the Secretary of the Treasury, Secretary of War, Secretary of the Navy, and the Postmaster-General annually, to lay before Congress, a statement of all the contracts which have been made in their respective departments, during the year preceding such report, exhibiting in such statement the name of the contractor, the article or thing contracted for, the place where the article was to be delivered, or the thing performed, the sum to be paid for its performance or delivery, the date and duration of the contract. APPROVED, April 21, 1808. Penalty of three thousand dollars. Advances made by the U. States to be re paid. Provisions of this act not to extend to incor porated companies, or to bills of exchange ne. gotiated by members of Congress. Members of Congress to be excepted by particular clauses from participation in public con tracts, &c. &c. Penalties up on officers mak. ing public contracts with members of Congress. Secretary of the Treasury, make to Congress, annual statements of War, &c. to contracts made by their departments. STATUTE I. CHAP. L.-An Act for the establishment of a Turnpike Company in the county April 21, 1808. of Alexandria, in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Jonah Thompson, Thomas Swann, Charles Alexander, Edmund I. Lee, Jacob Hoffman, Cuthbert Powel, and John Mandeville, or a majority of them, be, and they are hereby constituted a board of commissioners, with full power and authority to open, or cause to be opened, books for receiving and entering subscriptions for raising a capital stock, not exceeding twenty thousand dollars, in shares of fifty dollars each, for the purpose of opening, gravelling, and improving a road not exceeding one hundred, nor less than thirty feet wide, between the town of Alexandria and Bridgepoint, on Alexander's island, opposite the city of Washington, and of erecting A board of commissioners for receiving subscriptions, appointed. a bridge over Fourmile creek, in the county of Alexandria; and of making such other incidental works, and defraying such other incidental expenses, as may be deemed necessary or expedient by the company herein after named; the time, place, and manner of receiving and entering such subscriptions to be ascertained by the said board of commissioners, and duly advertised in such gazettes as they may deem expedient: Provided, that the time to be fixed upon by the said board of commissioners for opening books for receiving the said subscriptions, shall be on or before the first Monday in April next; and that no subscription shall be received, unless the sum of ten dollars be first paid into the hands of the person authorized to receive the same, on each share subscribed for. SEC. 2. And be it further enacted, That whenever two hundred of the said shares shall be subscribed for, all persons who may then be, or thereafter may become, the actual holders or proprietors of shares in the said capital stock, either as subscribers for the same, or as the legal representatives, successors, or assignees of such subscribers, shall be, and they are hereby made and created, a body politic and corporate, by the name and style of "The Washington and Alexandria Turnpike Company," and by that name may sue and be sued, implead and be impleaded, and do and suffer all acts, matters and things which a body politic and corporate may lawfully do and suffer; and may have a common seal, and the same may break and alter at pleasure, and may make all by-laws, rules, regulations, and ordinances, for the good government and well being of the said company, and for carrying into effect the objects of their institution, so that such by-laws, rules, regulations, or ordinances be not repugnant to the laws of the United States in force within the said county of Alexandria. SEC. 3. And be it further enacted, That when two hundred of the said shares shall be subscribed for, as aforesaid, or as soon after as may be, the said board of commissioners shall call a meeting of the company, at the town of Alexandria, by public advertisement in one or more gazettes published in Washington and Alexandria, appointing a fit and convenient time and place of meeting for the purpose of electing five directors, a clerk and a treasurer, and such officers, agents, and servants, as the said company may think fit to appoint, and for transacting any other business, in pursuance of this act, and appertaining to the nature and objects of the institution of the said company; and the said board of commissioners shall, if necessary, adjourn the said meeting from time to time, until a quorum shall be formed; and a majority of the said company, or the proprietors of two thirds of the number of shares actually subscribed for, their legal representatives, successors, or proxies, shall be a quorum to do business; and the said board of commissioners, before opening the said subscription books, shall ascertain and publish in their said advertisement, a fit and convenient mode of authenticating all powers of attorney, authorizing subscriptions to be made in the name of any person or persons; and before calling a meeting of the said company shall ascertain and publish in their advertisement, a fit and convenient mode of authenticating all instruments of writing, authorizing any person or persons to act and vote at such meeting, as the proxy or proxies of any member of the said company; all which powers of attorney and instruments of writing shall be filed with the clerk of the said company, and by him be safely kept among the records and documents appertaining to his office; and as soon as a quorum of the said company and a board of directors shall be formed as aforesaid, all the powers, authority, and duties whatsoever, by this act vested in the said board of commissioners, shall cease and determine, and thenceforward become vested in the directors, for the time being, of the said company, under such limitations and restrictions as the said company may think fit to prescribe. And the said board of commissioners shall account to the said company, at the first meeting of the same, for all monies received by them or their agents, on account of such subscriptions, and shall immediately pay over the same to the treasurer of the said company, or to such other person or persons as the said company may direct and appoint; the said company, nevertheless, to allow all just credits for monies actually and necessarily expended by the said board of commissioners, in the execution of their said trust and duties. SEC. 4. And be it further enacted, That there shall be annually holden, on the first Monday in January, a meeting of the said company, for the purpose of electing five directors, a clerk, and a treasurer; and the said company shall have power, at any meeting legally called and constituted, in pursuance of this act, to displace any of their directors or officers, and to supply by a new election or appointment, all vacancies that may happen among the directors or officers of the company; and the said company shall have power to prescribe and regulate the powers and duties of the said directors, and of all other officers of the company; and a majority of the said directors may, from time to time, elect one of their body as president, and may provisionally supply, by their own election, any vacancies that may happen among the number of directors, or among any of the officers of the company: and the persons so elected by the said directors may continue in office till the next legal meeting of the company; and the directors of the said company to be elected in pursuance of this act, shall, unless sooner displaced by the said company, continue in office until the first Monday in January next succeeding their election, and from that time until a new election shall be made by the said company. SEC. 5. And be it further enacted, That a meeting of the said company may, at any time, be called by a majority of the directors of the company, for the time being, or by one third of the members of the said company, or by the proprietors of one third of the shares actually subscribed for, or the legal representatives or successors of such members or proprietors: Provided however, that no meeting of the said company shall be legal or valid, unless a quorum shall be formed, consisting of the majority of the members of the said company, or of the proprietors of at least two thirds of the number of shares actually subscribed for, their legal representatives, successors or proxies, nor unless the place, (being within the town of Alexandria,) and the time of such meeting be previously advertised for three weeks successively, in one or more gazettes in the city of Washington and Alexandria. SEC. 6. And be it further enacted, That every director, clerk and treasurer, before he acts as such, shall take an oath or affirmation, for the due execution of his office. Shares trans SEC. 7. And be it further enacted, That the said shares shall be negotiable and transferable from one to another, by assignments in writ- ferable. ing, executed before two witnesses at the least, and authenticated and registered, as the said company may prescribe and direct in their by-laws and regulations. SEC. 8. And be it further enacted, That the amount of each share shall be paid by instalments of ten dollars, at such times as the said directors, for the time being, shall appoint; and in case any instalment or instalments shall not be paid at the time appointed, or within ten days thereafter, the same may be recovered in the name of the company, by warrant from a justice of the peace, if the amount due shall not exceed twenty dollars; and if the sum so due shall exceed twenty dollars, the same may be recovered by motion, in the name of the said company, on ten days' notice, in any court of record in the county or district where the debtor may be found; and in all such warrants and motions the Shares to be paid for by instalments. Mode of recovering arrears of instalments. |