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name on the muster roll a condition of bounty. Provided, &c. Act of March

Six months' ing of this act, no bounty in land shall be given to any Canadian volunservice, and teer, except where it shall appear that the full term of six months' service shall have been performed in some corps in the United States service, and whose name shall appear upon the muster-rolls of such corps: Provided, That where it shall appear that the said term of service had not been performed by reason of wounds received in battle, or other disabilities, occasioned by the performance of his duty while in such corps, such claimant shall be considered as having performed the full term of service for which he had engaged.

5, 1816, ch. 25.

Warrants to be located on lands offered at public sale. Act of March 5, 1816, ch. 25.

Rates of land

fied.

SEC. 2. And be it further enacted, That all warrants issued in pursuance of the act, entitled "An act granting bounties in land and extra pay to certain Canadian volunteers," and which have not been located, and those which shall be issued in pursuance of this act, shall be located on such lands as have been offered at public sale according to law, and no other.

SEC. 3. And be it further enacted, That instead of the bounty given to grades speci- in the act hereby amended, the following rates shall be given: For a colonel, four hundred and eighty acres; for a major, four hundred and eighty acres; for a captain, three hundred and twenty acres; for a subaltern, three hundred and twenty acres; to a non-commissioned officer, musician, or private, one hundred and sixty acres; and to the medical and other staff, in proportion to their pay.

Contrary provisions of former act repeal

ed.

This and for

mer act in force

for a year.

SEC. 4. And be it further enacted, That all such parts of the act hereby amended, as shall be inconsistent with, or contravene, the provisions of this act, are hereby repealed.

SEC. 5. And be it further enacted, That this act, together with the act hereby amended, shall continue, and be in force, for the term of one year, and no longer.

APPROVED, March 3, 1817.

STATUTE II.

March 3, 1817. [Obsolete.] Act of April 16, 1816, ch. 55. 1819, ch. 94. Widows and children of soldiers, of militia, volunteers, rangers, and sea-fencibles,

&c., placed on

an equality. Rate of an

nual allowance.

CHAP. CVII.—An Act to amend an act, entitled "An act making further provision for military services during the late war, and for other purposes."

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the widows and children of soldiers, of the militia, the volunteers, the rangers, and the sea-fencibles, who served during the late war, and for whom half pay for five years was provided, by an act passed the sixteenth day of April, one thousand eight hundred and sixteen, entitled "An act making further provision for military services during the late war, and for other purposes," shall be placed on an equality as to their annual allowance, that is to say: Such widows, and in case of no widow, such children as may be embraced in the before recited act, shall be entitled to receive, (as the half pay to which they are entitled,) at the rate of forty-eight dollars per annum, and no more; and the widows and children, aforesaid, of the officers of the different corps, aforesaid, shall be entitled to the half pay of the officers of the infantry.

Provisions of SEC. 2. And be it further enacted, That the provisions contained in the act referred an act, entitled "An act fixing the military peace establishment of the to concerning additional pay United States," passed on the third of March, one thousand eight hundred extended to and fifteen, granting to the commissioned officers of the regular army, wagon-masters, who were deranged by said act, three months' pay in addition to the pay and emoluments to which they were entitled by law at the time of their discharge, shall equally extend to wagon-masters, forage-masters, barrackmasters, and other warrant officers of the staff of the regular army, who were deranged by the before recited act, except those provisionally retained by the President of the United States.

&c.

Act of March

3, 1815, ch. 79.

SEC. 3. And be it further enacted, That the further time of two years

shall be allowed to the guardians of the minor children of deceased soldiers, to relinquish their claims to bounty lands for five years' half pay, according to the second section of the before recited act, to which this is a supplement, passed the sixteenth day of April, one thousand eight hundred and sixteen.

SEC. 4. And be it further enacted, That the widows and children of the non-commissioned officers of the rangers, shall be placed on the same footing as to half pay, for five years, with the widows and children of the infantry.

SEC. 5. And be it further enacted, That the provisions of the second section of the act to which this is a supplement, shall be, and the same are hereby, extended to all cases where either of the children therein mentioned shall have been under sixteen years of age at the time of the father's decease: Provided, The guardian of such minor children shall, in addition to the relinquishment by said act required, file, in the office of the Department of War, evidence of the assent of all the other heirs, if any there be, of said deceased soldier, or of their guardians, to such relinquishment.

SEC. 6. And be it further enacted, That in all cases where the child or children of a regular soldier, deceased, have the right, under the laws of the United States, to relinquish their bounty in land, for five years' half pay, the said child or children shall be entitled to the same amount as is given by the act to the widows of the militia soldiers who died in service during the late war, viz: four dollars per month. APPROVED, March 3, 1817.

Further time to guardians for

relinquishment of bounty lands, &c.

Act of April 16, 1816, ch. 55. Widows and

children of noncommissioned

officers of the

rangers.

Provisions of

the second secreferred to extended, &c.

tion of the act

Proviso; as to the assent of other heirs.

Relinquishment of title to bounty land entitles children of regular soldiers to four dollars per month.

STATUTE II.

CHAP. CVIII.-An Act supplementary to the act, entitled "An act directing the March 3, 1817. disposition of money paid into the courts of the United States."

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall be the duty of the judges of the circuit and district courts of the United States, within sixty days from and after the passing of this act, in all districts in which a branch of the bank of the United States is, or shall be, established, to cause and direct all moneys remaining in said courts respectively, or being subject to the order thereof, to be deposited in such branch bank, in the name and to the credit of the court, and a certificate thereof from the cashier of said bank, stating the amount and time of such deposit to be transmitted, within twenty days thereafter, to the Secretary of the Treasury; and in districts in which no such branch bank is, or shall be established, such deposit shall be made in like manner, and within the same time, in some incorporated state bank, and a certificate thereof, in like manner, and within the same time as aforesaid, transmitted to the Secretary of the Treasury.

SEC. 2. And be it further enacted, That all moneys which shall hereafter be paid into said courts, or received by the officers thereof, in causes pending therein, shall be immediately deposited in the branch bank within the district, if there be one, otherwise in some incorporated state bank, within the district, in the name and to the credit of the

court.

SEC. 3. And be it further enacted, That no money, deposited as aforesaid, shall be drawn from said banks, except by order of the judge or judges of said courts respectively, in term or in vacation, to be signed by such judge or judges, and to be entered and certified of record by the clerk, and every such order shall state the cause in, or on account of which it is drawn.

Act of April 18, 1814, ch. 62. Money to be deposited in the branch banks of States, &c.

the United

Moneys hereafter received

to be also deposited, &c.

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Clerks, &c.

SEC. 4. And be it further enacted, That if any clerk of such court, or other officer thereof, having received any such moneys as aforesaid, shall refusing to obey

the order of the court to be proceeded against, &c.

Account of moneys to be given to the court, &c. Proviso; as to there being no bank, &c.

refuse or neglect to obey the order of such court, for depositing the same as aforesaid, such clerk, or other officer, shall be forthwith proceeded against by attachment for contempt.

SEC. 5. And be it further enacted, That at each regular and stated session of said courts, the clerks thereof shall present an account to said court of all moneys remaining therein, or subject to the order thereof, stating particularly on account of what causes said moneys are deposited, which account, and the vouchers thereof, shall be filed in court: Provided, nevertheless, That if in any district there shall be no branch of the bank of the United States, nor any incorporated state bank, the courts may direct such moneys to be deposited, according to their discretion as heretofore.

APPROVED, March 3, 1817.

STATUTE II.

March 3, 1817. CHAP. CIX.-An Act to continue in force an act, entitled "An act further to provide for the collection of duties on imports and tonnage," passed the third day of March, one thousand eight hundred and fifteen, and for other purposes.

Act of 1815, ch.94, continued in force, except

as to go 5, and 6.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the act, entitled "An act further to provide for the collection of duties on imports and tonnage," passed the third day of March, one thousand eight hundred and fifteen, be, and the same is hereby, continued in force, excepting the sixth and eighth section thereof.

SEC. 2. And be it further enacted, That if any suit or prosecution be commenced in any state court against any collector, naval officer, surveyor, inspector, or any other officer, civil or military, or any other person &c. empowered aiding or assisting, agreeably to the provisions of the act hereby con

Collectors,

naval officers,

to remove causes from

state to circuit courts, &c.

Proviso; as to corporal punishment.

As to the de

livery of manifests by steam

boats to Canada on lake Champlain.

tinued in force, or under colour thereof, for any thing done or omitted to be done, as an officer of the customs, by virtue of said act, or under colour thereof, and the defendant shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause of trial at the next circuit court of the United States to be holden in the district where the suit is pending, and offer good and sufficient surety for his entering in such circuit court, on the first day of its session, copies of said process against him, and also for his there appearing at the court and entering special bail in the cause, if special bail was originally required therein, it shall then be the duty of the state court to accept the surety and proceed no further in the cause; and the bail that shall have been originally taken shall be discharged. And such copies being entered as aforesaid in such court of the United States, the cause shall then proceed in the same manner as if it had been brought there by original process, whatever may be the amount of the sum in dispute, or damages claimed, or whatever the citizenship of the parties, any former law to the contrary notwithstanding; and any attachment of the goods or estate of the defendant by the original process shall hold the goods or estate so attached to answer the final judgment, in the same manner as by the laws of such state they would have been holden to answer final judgment, had it been rendered by the court in which the suit was commenced: Provided nevertheless, That this act shall not be understood to apply to any prosecution for an offence involving corporal punishment.

SEC. 3. And be it further enacted, That it shall be lawful hereafter for the master, or person having charge or command of any steamboat, on lake Champlain, when going from the United States into the province of Lower Canada, to deliver a manifest of the cargo on board, and take a clearance from the collector of the district through which any such boat shall last pass, when leaving the United States, without regard to the place from which any such boat shall have commenced her voyage, or where her

cargo shall have been taken on board, any law to the contrary notwithstanding.

SEC. 4. And be it further enacted, That when any goods, wares, or merchandise, shall hereafter be imported from the province of Lower Canada into the United States, in any steamboat on lake Champlain, and the said goods, wares, and merchandise, shall have been duly entered, the duties thereon paid, or secured, at the office of the collector of any district adjoining lake Champlain, it shall be lawful to land such goods, wares, or merchandise, in the same, or any other, district adjoining said lake Champlain, any law to the contrary notwithstanding.

SEC. 5. And be it further enacted, That 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 suit the plaintiff is non-suit, or judgment pass against him, the defendant shall recover double costs.

As to landing goods brought from Canada on lake Champlain.

in steamboats

General issue,

this act, &c. in evidence, &c.

This act in

SEC. 6. And be it further enacted, That this act shall continue in force for the term of four years, from and after the third day of March force for four next, and no longer.

SEC. 7. And be it further enacted, That every collector of the customs shall have authority, with the approbation of the Secretary of the Treasury, to employ within his district such number of proper persons, as deputy collectors of the customs, as he shall judge necessary, who are hereby declared to be officers of the customs; and the said deputy collectors, before they enter on the duties of their offices, shall take and subscribe, before the collector appointing them, or before some magistrate within their respective districts, authorized by law to administer oaths, the following oath or affirmation, to wit: “I, , having been appoint

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ed deputy collector of the customs, within and for the district of
do solemnly, sincerely, and truly, swear (or affirm, as the case may be,)
that I will diligently and faithfully execute the duties of the said office
of deputy collector, and will use my best endeavours to prevent, and
detect, frauds and violations against the laws of the United States: I
further swear (or affirm) that I will support the constitution of the United
States."

APPROVED, March 3, 1817.

years, &c. Collectors

may employ deputies, &c.

Form of the oath to be taken by deputies.

CHAP. CX-An Act to amend the act "authorizing the payment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes," passed the ninth of April, one thousand eight hundred and sixteen.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the ninth section of the act, entitled "An act authorizing the payment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes," passed on the ninth of April, one thousand eight hundred and sixteen, shall be construed to extend only to houses or other buildings, occupied by an order of an officer or agent of the United States as a place of deposit for military or naval stores, or as barracks for the military forces of the United States; and that, in acting on all claims arising under the aforesaid ninth section, as well those whereon commissions are now returned, and remain undecided, as those on which commissions may be hereafter executed, it shall be the duty of the commissioner, appointed in virtue of the act aforesaid, carefully to examine and investigate the same, and to report the facts in such case to Congress as soon as may be, that such provision may be made for the relief of the respective claimants as shall be deemed just and proper. SEC. 2. And be it further enacted, That the said commissioner shall, in

STATUTE II.

March 3, 1817.

Act of April 9, 1816, ch. 40.

Restriction as to ninth section

of the act referred to.

Act of April 20, 1818, ch. 124.

Commissioner

to investigate, &c. report facts to Congress, &c.

to be awarded in cases above 200 dolls., &c.

Commissions all cases in which the claim to compensation or indemnity shall exceed the sum of two hundred dollars, award a commission to some one or more discreet commissioners, near the places where the witnesses reside, who shall, before they proceed to act, take an oath, or affirmation, before some officer authorized by law to administer the same, that they will faithfully and impartially execute the duties assigned to them in said commission, to the best of their judgment; and the said commissioner shall accompany said commission with directions as to the examination of witnesses, on oath or affirmation, which the said commissioner, or commissioners, so acting, are hereby authorized to administer; which said commission, when executed, together with the examinations taken in pursuance thereof, shall be enclosed, sealed, and returned by mail, to the office of the said commissioner: Provided, however, That in acting on examinations, taken by virtue of the act to which this is an amendment, the said commissioner shall be authorized, in all cases where he shall adjudge the facts not to be sufficiently disclosed to allow a just decision between the claimants and the United States, to award a new commission as aforesaid, and, also, in all cases in which the said commissioner shall deem it proper to appoint an agent to act in behalf of the United States, in executing said commissions; and it shall be the duty of the commissioner, or commissioners, taking evidence in any case, to make inquiry whether any evidence may be had which may be favourable to the interest of the United States, and to take such evidence, and transmit the same to the said commissioner in like manner.

Proviso; as to

new commission where facts

may not be sufficiently disclosed, &c.

Compensation for horses, mules, wagons, &c.

Provisions of

this and former

act extended to
property lost,
&c. in war with
Indian tribes,
&c.

Claims of 200 dolls. and upwards to be revised by the Secretary of War, &c.

SEC. 3. And be it further enacted, That any person, in the late war aforesaid, who has sustained damage by the loss of any horse, mule, ox, wagon, cart, boat, sleigh, or harness, while such property was in the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner, if it shall appear that such loss was without any fault or negligence on the part of the owner, shall be allowed and paid the value thereof.

SEC. 4. And be it further enacted, That the provisions of this act, and the act to which it is an amendment, shall be, and are hereby, extended to cases of property lost, captured, or destroyed, in the wars with the Indian tribes, subsequent to the eighteenth day of February, and prior to the first day of September, one thousand eight hundred and fifteen, in the same manner as if lost, captured, or destroyed, in the late war with Great Britain.

SEC. 5. And be it further enacted, That all claims allowed by said commissioner, of two hundred dollars or upwards, shall be revised by the Secretary of War, on a statement of the facts made to him by the aforesaid commissioner, and may be confirmed or rejected and the amount of all claims allowed by the aforesaid commissioner less than two hundred dollars, and those of two hundred dollars and upwards, if confirmed by the Secretary of War, shall be paid in the manner prescribed in the tenth and fourteenth sections of the act to which this act is an amendment. APPROVED, March 3, 1817.

STATUTE II.

March 3, 1817. CHAP. CXI.-An Act authorizing a subscription for the printing of the tenth

500 copies of the 10th volume of public

documents to be subscribed for.

volume of public documents.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Secretary of State be, and he is hereby, authorized to subscribe for, and receive, for the use and disposal of Congress, five hundred copies of the tenth volume of public documents, proposed to be printed by Thomas B. Wait and Sons. The aforesaid volume to be delivered in strong leather binding, at the Depart

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