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in any action or prosecution which may be now pending, or hereafter commenced, before any state court whatever, for any thing done, or omitted to be done, by the defendant, as an inspector or other officer of the customs, after final judgment, for either party to remove and transfer, by appeal, such decision, during the session or term of said court, at which the same shall have taken place, from such court to the next circuit court of the United States, to be held in the district in which such appeal shall be taken in manner aforesaid; and it shall be the duty of the person taking such appeal, to produce and enter in the said circuit court attested copies of the process, proceedings, and judgment in such cause; and it shall also be competent for either party within six months of the rendition of a judgment in any such cause, by writ of error or other process to remove the same to the circuit court of the United States of that district in which such judgment shall have been rendered, and the said circuit court shall thereupon proceed to try and determine the facts and the law in such action, in the same manner as if the same had been there originally commenced; the judgment in such case notwithstanding. And any bail which may have been taken, or property attached, shall be holden on the final judgment of the said circuit court in such action, in the same manner as if no such removal and transfer had been made as aforesaid; and the state court from which any such action may be removed and transferred as aforesaid, upon the party's giving good and sufficient security for the prosecution thereof, shall allow the same to be removed and transferred, and proceed no further in the case: Provided however, That if the party aforesaid shall fail duly to enter the removal and transfer as aforesaid in the circuit court, agreeable to this act, the state court, by which judgment shall have been rendered, and from which the transfer and removal shall have been made as aforesaid, shall be authorized, on motion for that purpose, to issue execution, and to carry into effect any such judgment, the same as if no such removal and transfer had been made: Provided nevertheless, That this act shall not be construed to apply to any prosecution for an offence involving corporal punishment. And provided also, That no such appeal shall be allowed in any criminal action or prosecution, where final judgment shall have been rendered in favour of the defendant, or respondent, by the state court; and in any action or prosecution against any person as aforesaid, it shall be lawful for such person to plead the general issue, and give this act and any special matter in evidence. And if in any such suit the plaintiff is non-suit, or judgment pass against him, the defendant shall recover double costs.

SEC. 9. And be it further enacted, That in any suit or prosecution against any person, for any act or thing done as an officer of the customs, or any person aiding or assisting such officer therein, and judgment shall be given against the defendant or respondent, if it shall appear to the court, before which such suit or prosecution shall be tried, that there was probable cause for doing such an act or thing, such court shall order a proper certificate or entry to be made thereof, and in such case the defendant or respondent shall not be liable for costs, nor shall he be liable to execution, or to any action for damages, or to any other mode of prosecution for the act done by him as aforesaid: Provided, That such property or articles as may be held in custody by the defendant, if any, be, after judgment, forthwith returned to the claimant or claimants, his, her, or their, agent or agents.

SEC. 10. And be it further enacted, That no citizen or person usually residing within the United States, shall be permitted to cross the frontier into any of the provinces or territory belonging to the enemy, or of which he may be possessed, without a passport first obtained from the Secretary of State, the Secretary of War, or other officer, civil or military, authorized by the President of the United States, to grant the same, or from the governor of a state or territory; nor shall any citizen, or VOL. III.-26

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person residing as aforesaid, of his own accord, upon any pretence whatsoever, be permitted, without such passport, to go on board of any of the ships, or vessels, or boats, of the enemy, on the lakes, along the seaboard, or elsewhere within the bays, sounds, rivers, or waters of the United States, or to hold any intercourse with such enemy, or with any officer thereof; nor shall any citizen or person residing as aforesaid, be permitted, without such passport, to visit or go to any camp of the enemy established within the limits of the United States, or elsewhere, or to hold any intercourse with the same, or with any officer belonging thereto; and whosoever shall voluntarily offend against any of the prohibitions aforesaid, mentioned in this section, shall be considered guilty of a misdemeanor, and be liable to be fined in any sum not exceeding one thousand dollars, and to imprisonment for any term not exceeding three years. And every person coming from any of the enemy's provinces or territory, into the United States, shall report himself forthwith, or as soon as practicable thereafter, to the military commander, or to the collector, or other chief officer of the customs, where there may be no collector, of the district within which he may first arrive; upon pain, wherever the same is omitted, of being liable to the same prosecution and punishment, as is above provided in cases of unlawful intercourse with the enemy, without the authority of a passport.

SEC. 11. And be it further enacted, That any person or persons found hovering upon the frontier, near any of the provinces or territory belonging to the enemy, or of which he may be possessed, or travelling towards and near the same, at a distance from his or their usual place of abode or residence, and without any lawful business requiring his or their attendance there, and without a passport, shall be liable to be held to security for his or their good behaviour, in the manner pointed out in the fourth section of this act, as a person or persons suspected, upon probable cause, of being engaged in unlawful trade or intercourse with the enemy: Provided always, That nothing contained in any part of this act shall be construed to alter, in any respect, the law of treason.

SEC. 12. And be it further enacted, That it shall be lawful for the President of the United States, or such other person as he shall have empowered for that purpose, to employ, under proper instructions to be by him given, in cases of resistance, such part of the land and naval forces of the United States, or of the militia thereof, as shall be judged necessary, for the purpose of aiding and co-operating with the officers of the customs, and all other civil magistrates, in seizing and securing persons engaged, or suspected, upon probable cause as aforesaid, to be engaged, in unlawful trade or intercourse with the enemy as aforesaid, together with the articles or supplies, or vessels, boats, vehicles, or animals, employed as aforesaid, in such trade or intercourse, and searching for and seizing any property subject to duty, or which has been unlawfully imported.

SEC. 13. And be it further enacted, That this act shall continue in force during the continuance of the present war between the United States and Great Britain, and no longer: Provided, That the termination of said war shall not be construed to stop or annul any proceedings that may theretofore have been commenced, or concluded, or in any way destroy or impair any rights or privileges accruing under, secured, or given, by virtue of this act, but as applicable to any transaction prior thereto, the same proceedings shall and may be had, as though this act were in full force.

APPROVED, February 4, 1815.

CHAP. XXXII.-An Act supplementary to the act, entitled "An act to amend the act laying duties on licenses to retailers of wines, spirituous liquors, and foreign merchandise, and for other purposes."

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Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the fourth section of the act, entitled "An act to amend the act laying duties on licenses to retailers of wines, spirituous liquors, and foreign merchandise, and for other purposes," shall be construed to extend to and include any still, or boiler, or other vessel, used in distillation, burnt, or otherwise destroyed, whether the burning or destruction shall have taken place before or since the passage of the above recited act. APPROVED, February 4, 1815.

CHAP. XXXIII.-An Act attaching to the Canton district, in the state of Ohio, the tract of land lying between the foot of the rapids of the Miami of Lake Erie, and the Connecticut western reserve.

STATUTE III.

Feb. 4, 1815.

Act of Aug.

22, 1813, ch. 39. Act of April 18, 1814, ch. 91.

fourth section of Aug. 22, 1813, ch. 39.

Repealed by

STATUTE III.

Feb. 4, 1815.

Act of Feb.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all that tract of land 25, 1811, ch. 25. lying between the foot of the rapids of the river Miami of Lake Erie and the western line of the Connecticut reserve, in the state of Ohio, which was ceded to the United States by certain tribes of Indians, at a treaty concluded at Brownstown, in the Michigan territory, on the twenty-fifth day of November, one thousand eight hundred and eight, shall be attached to, and made a part of, the district of Canton.

SEC. 2. And be it further enacted, That in surveying and dividing the lands by this act attached to the district of Canton, the ordinary mode of surveying the public lands shall be so far deviated from that the boundary lines of the tracts to be laid off therein shall be run parallel to, and at right angles with, the road laid out in conformity with the said treaty, and in every other respect the surveys shall be made in the same manner, and for the same compensation allowed for the surveying the other public lands north-west of the river Ohio.

SEC. 3. And be it further enacted, That all the lands by this act attached to the district of Canton, shall be offered for sale to the highest bidder, under the direction of the register of the land office and the receiver of public moneys of the said district, at such time and place as the President of the United States shall designate by proclamation for that purpose; and the sales shall remain open one week and no longer; and the said lands shall in every respect be sold on the same terms and conditions as have been provided for the sale of other lands of the United States. All the lands in the said tract remaining unsold at the close of the said sales may be disposed of at private sale by the register of the land office of the said district, on the same terms and conditions, as are provided for the sale of other public lands in the same district; and patents shall be obtained in the same manner as in case of other lands of the United States.

SEC. 4. And be it further enacted, That the aforesaid register and receiver of public moneys shall each receive four dollars per day for each day's attendance on the public sales directed by this act. APPROVED, February 4, 1815.

CHAP. XXXIV.-An Act for giving further time to the purchasers of public lands to complete their payments.

Lands attached to the district of Canton.

The ordinary

modes of surveying public lands to be deviated from in surveying those district.

of the Canton

Lands attach

ed to the Canton district by this act to be offered for sale.

Fees to the

register and receiver of public moneys.

STATUTE III.

Feb. 4, 1815.

Act of March

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That every person who, after 3, 1813, ch. 43. VOL. III.-26

Act of Feb.

lic lands.

Conditions.

the first day of April, one thousand eight hundred and ten, and prior to 19, 1814, ch. 14. Further time the first day of April, one thousand eight hundred and eleven, had purallowed to purchased any tract or tracts of land of the United States, not exceeding in chasers of pub- the whole six hundred and forty acres, at any of the land offices of the United States, and whose lands have not already been actually sold or reverted to the United States, for non-payment of part of the purchase money, shall be, and they hereby are allowed the further time of three years, from and after the expiration of the period already given by law for completing the payment of the purchase money aforesaid; which further time of three years shall be allowed only on the following conditions: first, all arrears of interest on the purchase money shall be paid on or before the expiration of the time for completing the payment of the purchase money according to former laws: Provided, That in all cases in which the time for completing the payment of the purchase money may have expired, or shall expire before the first day of June next, the interest may be paid on or before that day: second, the residue of the sum due on account of the principal of such purchase shall be paid, with interest thereon, in three equal annual payments, as follows, viz: one third of the said sum, with the interest due thereon, within one year; one third of the said sum, with the interest due thereon within two years, and the residue, with the interest due thereon, within three years after the expiration of the time for completing the payments on such purchases according to law. And in case of failure to pay the arrears of interest, or any of the three instalments of principal, with the accruing interest, at the time above-mentioned, the tract of land shall be forthwith advertised and offered for sale in the manner and on the terms directed by law, in case of lands not paid within the time limited by law, and shall revert to the United States'in like manner, if the same is not sold at such sale.

APPROVED, February 4, 1815.

STATUTE III.
Feb. 7, 1815.

Act of March 3, 1815, ch. 92. Three officers

of the navy to be appointed a board of commissioners for the navy.

and duties.

CHAP. XXXV.-An Act to alter and amend the several acts for establishing a
Navy Department, by adding thereto a board of commissioners. (a)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be, and he is hereby authorized, by and with the advice and consent of the Senate, to appoint three officers of the navy, whose rank shall not be below a post captain, who shall constitute a board of commissioners for the navy of the United States; and shall Their powers have power to adopt such rules and regulations for the government of their meetings as they may judge expedient: and the board so constituted, shall be attached to the office of the Secretary of the Navy, and under his superintendence shall discharge all the ministerial duties of said office, relative to the procurement of naval stores and materials, and the construction, armament, equipment, and employment, of vessels of war, as well as all other matters connected with the naval establishment of the United States. And the said board shall appoint their own secretary, who shall receive in compensation for his services a sum not exceeding two thousand dollars per annum, who shall keep a fair record of their proceedings, subject at all times to the inspection of the President of the United States, and the Secretary of the Navy.

Board made

subordinate to Secretary of the Navy.

Board of commissioners to draw up regulations for

SEC. 2. And be it further enacted, That the said board of commissioners, by and with the consent of the Secretary of the Navy, be, and are hereby authorized to prepare such rules and regulations, as shall be necessary for securing an uniformity in the several classes of vessels and

(a) See note to act of April 30, 1798, vol. i. 553. See act of Aug. 31, 1842, ch. 286, repealing this act, and organizing five bureaus attached to the Navy Department.

their equipments, and for repairing and refitting them, and for securing securing uniforresponsibility in the subordinate officers and agents: which regulations, of vessels, &c. mity in classes when approved by the President of the United States, shall be respected and obeyed, until altered and revoked by the same authority; and the said rules and regulations thus prepared and approved, shall be laid before Congress at their next session. It shall also be the duty of said board, upon the requisition of the Secretary of the Navy, to furnish all the estimates of expenditure, which the several branches of the service may require, and such other information and statements as he may deem necessary.

SEC. 3. And be it further enacted, That the officer of the said board holding the oldest commission shall preside, and each commissioner shall be entitled to receive, in compensation for his services, three thousand five hundred dollars per annum in lieu of wages, rations, and other emoluments, as naval officers; and all letters and packets to and from the said commissioners, which relate to their official duties, shall be free from postage.

SEC. 4. And be it further enacted, That nothing in this act shall be construed to take from the Secretary of the Navy his control and direction of the naval forces of the United States, as now by law possessed. APPROVED, February 7, 1815.

CHAP. XXXVIII.—An Act for the better regulation of the Ordnance Department. 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, the ordnance department shall consist of one colonel, one lieutenant colonel, two majors, ten captains, ten first lieutenants, ten second lieutenants, and ten third lieutenants.

SEC. 2. And be it further enacted, That the colonel or senior officer of the ordnance department is authorized to enlist for the service of that department, for five years, as many master armorers, master carriage makers, master blacksmiths, artificers, armorers, carriage makers, blacksmiths, and labourers, as the public service, in his judgment, under the directions of the Secretary for the Department of War, may require. SEC. 3. And be it further enacted, That it shall be the duty of the colonel of the ordnance department to direct the inspection and proving of all pieces of ordnance, cannon balls, shot, shells, small arms, and side arms, and equipments, procured for the use of the armies of the United States; and to direct the construction of all cannon and carriages, and every implement and apparatus for ordnance, and all ammunition wagons, travelling forges, and artificer's wagons, the inspection and proving of powder, and the preparation of all kinds of ammunition and ordnance stores. And it shall also be the duty of the colonel or senior officer of the ordnance department, to furnish estimates, and under the direction of the Secretary for the Department of War, to make contracts and purchases for procuring the necessary supplies of arms, equipments, ordnance and ordnance stores.

The officer

holding the old

est commission

to preside at the navy board.

This act not to derogate from the powers of the Secretary of the Navy.

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to be attached

SEC. 4. And be it further enacted, That the colonel of the ordnance Proper numdepartment shall organize and attach to regiments, corps, or garrisons, ber of artificers such number of artificers, with proper tools, carriages and apparatus, to regiments, under such regulations and restrictions relative to their government and &c. number, as, in his judgment, with the approbation of the Secretary for the Department of War, may be considered necessary.

SEC. 5. And be it further enacted, That the colonel of the ordnance department, or senior officer of that department of any district, shall execute all orders of the Secretary for the Department of War, and, in time of war, the orders of any general, or field officer, commanding any army,

Colonel of

the ordnance to execute all or

ders of the Secretary of War.

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