STATUTE II. April 18, 1814. [Obsolete.] Act of Feb. 28, 1795, ch. 36. Act of May 8, 1792, ch. 33. Act of March 2, 1803, ch. 15. Additional officers authorized; their rank, and duties. CHAP. LXXX.-An Act in further addition to an act, entitled "An act more effectually to provide for the national defence by establishing an uniform militia throughout the United States." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the officers of the militia provided for by the act, entitled "An act more effectually to provide for the national defence by establishing an uniform militia throughout the United States," approved May the eighth, one thousand seven hundred and ninety-two, and by an act in addition to the said recited act, approved March the second, one thousand eight hundred and three, there shall be to each division, one Division Inspector, with the rank of Lieutenant Colonel, and one Division Quartermaster, with the rank of Major; to each brigade one Aid-de-camp, with the rank of Captain; and the Quartermasters of brigade heretofore provided for by law, shall have the rank of Captain. And it shall be incumbent on the said officers to do and perform all the duties which by law and military principles are attached to their offices respectively. APPROVED, April 18, 1814. STATUTE II. April 18, 1814. [Expired.] Act of Feb. 28, 1795, ch. 36. tial for the trial of drafted militia to be com Courts mar posed of militia officers. Stoppage of pay for delinquencies to refer to the pay at the time the offence was committed. What shall be cient summons. Act of Feb. CHAP. LXXXII.-An Act in addition to the act, entitled "An act to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions, and to repeal the act now in force for those purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That courts martial to be composed of militia officers alone for the trial of militia drafted, detached and called forth for the service of the United States, whether acting in conjunction with the regular forces or otherwise, shall, whenever necessary, be appointed, held and conducted in the manner prescribed by the rules and articles of war for appointing, holding, and conducting courts martial for the trial of delinquents in the army of the United States. SEC. 2. And be it further enacted, That in all cases in the militia, where an offence is punishable by stoppage of pay or by imposing a fine, limited by the amount of pay, the same shall be taken to have relation to the monthly pay existing at the time the offence was committed. SEC. 3. And be it further enacted, That if any delinquent directed to be summoned to appear before a court martial for neglect or refusal deemed a suffi- to obey the orders of the President of the United States in any of the cases recited in the first, second, third and fourth sections of the act, entitled "An act to provide for calling forth the militia to execute the laws 28, 1795, ch. 36. of the union, suppress insurrections, and repel invasions, and to repeal the act now in force for those purposes," passed February twenty-eighth, one thousand seven hundred and ninety-five, shall be absent when any non-commissioned officer shall call to summon him, it shall be a sufficient summoning of such delinquent if the non-commissioned officer leave a copy of the summons or a written notice thereof, signed by him, with some person of suitable age and discretion, at the usual place of abode of such delinquent, at least ten days previous to the day of appearance. And in case of the non-appearance of such delinquent, the court martial may proceed with his trial in the same manner as if he had appeared and plead not guilty to the charge exhibited against him. Upon non-appearance of delinquent, he may be proceeded against. Witnesses may be sum SEC. 4. And be it further enacted, That it shall be the duty of the president of any court martial for the trial of militia if required, and moned by presi- upon his being duly satisfied that such testimony is material to the trial, to issue his precept, directed to any person to be summoned as a witness, commanding his or her attendance at such court to testify for or dent of a court martial. against the person to be tried, as the case may be; and any witness having been duly summoned, and failing to appear, without a reasonable excuse, shall forfeit and pay a sum not exceeding fifty dollars, to be sued for and recovered in the name of the United States, by bill, plaint, or information, in any court of competent jurisdiction. And if any witness, when called upon for that purpose, shall refuse to testify, or shall behave with contempt to the court, or if any other person shall use any menacing words, signs or gestures, in presence thereof, or shall cause any riot or disorder therein, it shall be lawful for such court to punish every such offender by imprisonment for a term not exceeding one month at the discretion of the court. SEC. 5. And be it further enacted, That for the purpose of carrying into execution the sentence, judgment or order of any such court martial, for any of the offences specified in the last clause of the preceding section of this act, it shall be lawful for the court to issue an order to any commissioned officer of militia not below the rank of captain, commanding him to carry the same into effect by military force, whose duty it shall be to obey the same, and execute the order accordingly. SEC. 6. And be it further enacted, That on the trial of delinquents, for offences not capital, by any such court martial, the deposition of witnesses taken before a justice of the peace or other person authorized to take affidavits to be read in any court of record in the state where the same shall be taken, may be read in evidence, provided the prosecutor and person accused are present at taking the same, or are duly notified thereof. And further, that the returns of captains or other commanding officers of companies, of delinquents drafted or ordered into the service of the United States, who shall have refused or neglected to enter the same sworn to as aforesaid, shall be competent evidence of the facts therein contained. SEC. 7. And be it further enacted, That if any person shall wilfully swear false before any such court martial, or in any affidavit or deposition taken as aforesaid, he or she shall be adjudged to be guilty of wilful and corrupt perjury, and shall be indicted, tried and punished accordingly, by any court of competent jurisdiction in the state where such offence shall be committed. SEC. 8. And be it further enacted, That the militia, when called into the service of the United States by virtue of the before recited act, may, if in the opinion of the President of the United States the public interest require it, be compelled to serve for a term not exceeding six months after their arrival at the place of rendezvous, in any one year. SEC. 9. And be it further enacted, That regimental chaplains in the militia which have been or shall be called into the service of the United States, shall receive the same monthly pay and rations as a captain of infantry, with the addition of forage for one horse; and whenever called forth into the service of the United States, division quartermasters shall be entitled to the pay, emoluments and allowances of a deputy quartermaster general; brigade quartermasters, to the pay, emolument and allowances of an assistant deputy quartermaster general; and regimental quartermasters, to the pay and emoluments of a lieutenant of infantry, and sixteen dollars per month in addition thereto, and forage for one horse; division inspectors shall be entitled to the pay, emoluments and allowances of a lieutenant colonel of infantry; brigade majors, to the pay, emoluments and allowances of a major of infantry; aids-de-camp to brigadier generals, to the pay, emoluments and allowances of a captain of infantry; with an addition of sixteen dollars per month, and forage for one horse. Penalty for not attending. May be pun ished for contemptuous behaviour when attending. Court may issue orders for carrying the sentence in the last mentioned case into effect. Rules of evidence. Deemed guilty of perjury for corrupt swearing, and punishable accordingly. Time militia called into the service of the United States may be compelled to serve. Pay of chaplains, &c. &c. of militia called into service of the U. States. How militia SEC. 10. And be it further enacted, That the expenses incurred or to be incurred by marching the militia of any state or territory of the called into serUnited States to their places of rendezvous, in pursuance of a requisition vice of the U. of the President of the United States, or which shall have been or may be incurred in cases of calls made by the authority of any state or territory which shall have been or may be approved by him, shall be adjusted and paid in like manner as the expenses incurred after their arrival at such place of rendezvous, on the requisition of the President of the United States: Provided, That nothing herein contained shall be considered as authorizing any species of expenditure previous to arriving at the place of rendezvous, which is not provided by existing laws to be paid for after their arrival at such place of rendezvous. SEC. 11. And be it further enacted, That in all cases where a brigade of militia shall be called forth for actual service, it shall be the duty of the brigade major of such brigade to inspect and muster the same, and sign the muster rolls conformably to the provisions of the act entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States." If less than a brigade be called forth, then it shall be the duty of a brigade major of the district wherein such militia may rendezvous, to inspect and muster the same, and sign the muster rolls: two musters to be made in the manner aforesaid, one on the assembling, and the other on the discharge of such militia. If there should be no brigade major in the vicinity, the commanding officer may direct any officer under the rank of lieutenant colonel, whether of the regular troops or militia, to inspect and muster the militia so called forth. SEC. 12. And be it further enacted, That any commissioned officer, non-commissioned officer, musician or private of the militia of the United States, who shall have committed an offence while in the actual service of the United States, may be tried and punished for the same, although his term of service may have expired, in like manner as if he had been actually in the service of the United States. SEC. 13. And be it further enacted, That this act be continued in force for and during the present war, and no longer. APPROVED, April 18, 1814. STATUTE II. April 18, 1814. Pay, &c. &c. CHAP. LXXXIV.—An Act concerning the pay of officers, seamen and marines in the navy of the United States. Be it enacted by the Senate and House of Representatives of the United of commission- States of America, in Congress assembled, That the pay and sub ed and warrant officers. sistence of the respective commissioned and warrant officers be as follows: a lieutenant other than a master commandant, or lieutenant commanding a small vessel, forty dollars per month and three rations per day; a chaplain forty dollars per month and two rations per day; a sailing master forty dollars per month and two rations per day; a surgeon fifty dollars per month and two rations per day; a surgeon's mate thirty dollars per month and two rations per day; a purser forty dollars per month and two rations per day; a boatswain twenty dollars per month and two rations per day; a gunner twenty dollars per month and two rations per day; a sail-maker twenty dollars per month and two rations per day; and that the pay to be allowed to the petty officers and midshipmen, and the pay and bounty upon enlistment of the seamen, ordinary seamen, and marines, shall be fixed by the President of the United States: Provided, That the whole sum to be given for the whole pay aforesaid, and for the pay of officers, and that the amount of bounties upon enlistment of seamen and marines, shall not exceed for any year the amount which may, President may in such year, be appropriated for those purposes respectively. Bounty and allowance to ordinary seamen and marines. Proviso. authorize the augmentation of pay in certain cases. SEC. 2. And be it further enacted, That the President be, and he is hereby authorized to make an addition, not exceeding twenty-five per cent., to the pay of the officers, petty officers, midshipmen, seamen and marines engaged in any service, the hardships or disadvantages of which STATUTE II. CHAP. LXXXV. An Act supplemental to an act, entitled "An act for ascertaining April 18, 1814. the titles and claims to lands in that part of Louisiana which lies east of the river Mississippi and island of New Orleans." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time for delivering notices and the evidences of claims to lands as required by the act to which this is a supplement, be, and the same hereby is extended until the first day of September next. SEC. 2. And be it further enacted, That it shall be the duty of the Commissioners appointed under the act aforesaid, to receive such evidences as to them may be offered in support of any claims which may not be embraced by said act, and to report the same, together with those referred to in the first section of this act, on or before the first day of November next, to the Commissioner of the General Land Office, to be by him laid before Congress at their next session. SEC. 3. And be it further enacted, That the commissioner for the district east of Pearl river and west of the Perdido be, and he is hereby authorized and required to receive and make report as aforesaid on all claims to lands lying east of the river Tombigbee. APPROVED, April 18, 1814. CHAP. LXXXVII.-An Act to fix the compensation of the clerks employed in the offices of the Secretary of the Senate and Clerk of the House of Repre sentatives. See act of April 25, 1812, ch. 67. ed for filing claims. Time extend Commission ers to receive and report the evidences of claims to Commissioner of Office. General Land Commissioner for district east of Pearl river and west of Perdido to receive evidences and make re port. STATUTE II. April 18, 1814. [Obsolete.] Salaries in Be it enacted by the Senate and House of Representatives of the creased. United States of America in Congress assembled, That in lieu of the annual compensations of the clerks employed in the office of the secretary of the Senate and in the office of the clerk of the House of Representatives, as now fixed by law, there shall be allowed to the principal clerk in each of said offices fifteen hundred dollars, and to each of the engrossing clerks employed in said offices twelve hundred and fifty dollars per annum, to be paid quarter-yearly out of any money in the treasury not otherwise appropriated. SEC. 2. And be it further enacted, That this act shall take effect from and after the thirty-first day of December, one thousand eight hundred and thirteen. APPROVED, April 18, 1814. STATUTE II. Repealed by act of Dec. 23, 1817, ch. 1. CHAP. XCI.-An Act to amend the act laying duties on licenses to retailers of April 18, 1814. wines, spirituous liquors and foreign merchandise, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That nothing contained in the first section of the act laying duties on licenses to retailers of wines, spirituous liquors, and foreign merchandise, shall be construed to extend to physicians who keep on hand medicines solely for the purpose of making up their own prescriptions for their own patients, nor shall any physician, surgeon, or chemist, for vending, solely in his practice, medicines to his patients, be subjected to take out license as a retail dealer in foreign merchandise. Act of Aug. 2, 1813, ch. 39. Physicians not obliged to take out licenses for retailing drugs, making up their own prescriptions. Licenses for these purposes already given to be cancelled, and the money paid to be re turned. Upon the sale or transfer of a licensed still, the right of using it to accrue to the new proprietor. In case of a licensed still being burnt, the duties to be re turned. Proviso. Proviso. The representatives of a person deceased, who had taken out a license to have the privilege ofretailing, or of using licensed still. Proviso. a Licensed retailers to exhibit their licenses on the demand of the collector. Duties of a collector in case SEC. 2. And be it further enacted, That where any collector shall have required any physician, surgeon, or chemist, vending medicine exclusively to his patients in his practice, to take out license as a retail dealer in foreign merchandise, every such collector is hereby authorized and required to cancel every such license and to re-pay any money received for the same, and in every case where the money has not been received to grant a release for the same. SEC. 3. And be it further enacted, That upon the sale or transfer of licensed still or boiler, or other vessel used in distillation, the right any of using the same, during the term for which such license shall remain in force, shall accrue to the new proprietor or possessor, entry of such sale or transfer having been previously made at the office of the collector for the district by the person selling or transferring the same, and the same having been endorsed on the original license. SEC. 4. And be it further enacted, That in case any still, boiler, or other vessel used in distillation, shall be burnt or otherwise destroyed, the collector for the district wherein the same shall have been situate, shall be empowered, and is hereby directed, to remit such portion of the duties which may have been bonded for the license granted therefor, and shall at the time of the burning or destruction thereof, remain unpaid, as would have accrued for the time between such burning or destruction, and the expiration of the period for which such license was granted: Provided, That previous to such remission, the said burning or destruction shall be verified, under the oath or affirmation of the owner or superintendent of such still, boiler, or other vessel, before a judge or justice of the peace residing within the said district: And provided, That the said judge or justice shall endorse on said certificate his belief of the facts therein set forth, and that the burning or destruction did not arise from a fraudulent intent to defraud the revenue, and in case of such remission of duties, the license previously granted for such still, boiler, or other vessel used in distillation, shall be of no further avail. SEC. 5. And be it further enacted, That in case any person or persons, to whom a license for retailing may be granted, shall die before the commencement or during the period thereof, the heirs, executors, or administrators of such person or persons shall be authorized to retail under the same; and any person to whom a license for retailing shall be granted, may, on application in writing to the collector for the district, have the same transferred to any other person in the same collection district; in which several cases it shall be the duty of the collector to endorse on the said licenses a certificate of such transfer, without which certificate this provision shall be of no avail. SEC. 6. And be it further enacted, That in case any person or persons, to whom a license for employing a still in distilling spirituous liquors may be granted, shall die before the commencement or during the period thereof, the heirs, executors, or administrators of such person or persons shall be authorized to employ the same for the unexpired period of such license: Provided, An application previous to using the same be made in writing by the said heirs, executors, or administrators to the collector for the district, and that a certificate of such transfer be endorsed thereon by him, without which certificate this provision shall be of no avail. SEC. 7. And be it further enacted, That it shall be the duty of any person to whom a license for retailing may have been granted, to produce and exhibit the same on the demand of the collector for the district made at the place of retailing, for refusing to do which said person shall forfeit the sum of one hundred dollars. SEC. 8. And be it further enacted, That in case of the sickness or of sickness to temporary inability of a collector to discharge such of his duties as canbe devolved on not under existing laws be discharged by a deputy, they may be devolved a deputy. by him on a deputy: Provided, Information thereof be immediately Proviso. |