1838. boilers to make a the soundness, SEC. 5. And be it further enacted, That the person or perInspectors of the Sons who shall be called upon to inspect the boilers and maCertificate as to chinery of any steamboat or vessel, under the provisions of this c. of said boil: act, shall, after a thorough examination of the same, make a certificate, in which he or they shall state his or their opinion whether said boilers are sound and fit for use, together with the Duplicates of age of the boilers; and duplicates thereof shall be delivered to said certificate to the owner or master of such vessel, one of which it shall be the master or owner, duty of the said master and owner to deliver to the collector or ers. be given to the &c surveyor of the port whenever he shall apply for a license, or for a renewal of a license; the other he shall cause to be posted up, and kept in some conspicuous part of said boat, for the informaFor which the tion of the public; and for each and every inspection so made, each receive $5. each of the said inspectors shall be paid by the said master or owner applying, the sum of five dollars. inspectors shall ters to have the year. at least once in ing to do so. Owners or mas- SEC. 6. And be it further enacted, That it shall be the duty hulls inspected of the owners and masters of steamboats to cause the inspection at least once a provided under the fourth section of this act to be made at least once in every twelve months; and the examination required by And the boilers the fifth section, at least once in every six months; and deliver six months. to the collector or surveyor of the port where his boat or vessel has been enrolled or licensed, the certificate of such inspection; Penalty for fail- and, on a failure thereof, he or they shall forfeit the license granted to such boat or vessel, and be subject to the same penalty as though he had run said boat or vessel without having Competent obtained such license, to be recovered in like manner. And it number of expe: shall be the duty of the owners and masters of the steamboats liful engineers to censed in pursuance of the provisions of this act to employ on be employed. board of their respective boats a competent number of expe Penalty for fail-rienced and skilful engineers, and, in case of neglect to do so, the said owners and masters shall be held responsible for all damages to the property or any passenger on board of any boat occasion. ed by an explosion of the boiler or any derangement of the engine or machinery of any boat. rienced and skil ing to do so. Safety-valve to SEC. 7. And be it further enacted, That whenever the mas be opened when ter of any boat or vessel, or the person or persons charged with for any purpose navigating said boat or vessel, which is propelled in whole or in the vessel stops whatever. part by steam, shall stop the motion or headway of said boat or vessel, or when the said boat or vessel shall be stopped for the purpose of discharging or taking in cargo, fuel or passengers, he or they shall open the safety-valve, so as to keep the steam down in said boiler as near as practicable to what it is when the said Penalty $200. boat or vessel is under headway, under the penalty of two hundred dollars for each and every offence. Long-boats or yawls to be car steam on lakes Cham Erie, Huron, Su SEC. 8. And be it further enacted, That it shall be the duty ried by of the owner and master of every steam vessel engaged in the vessels at sea, or transportation of freight or passengers, at sea or on the Lakes, plain, Ontario, Champlain, Ontario, Erie, Huron, Superior, and Michigan, the perior, and Mi- tonnage of which vessel shall not exceed two hundred tons, to provide and to carry with the said boat or vessel, upon each and every voyage, two long-boats or yawls, each of which shall be competent to carry at least twenty persons; and where the ton chigan. I nage of said vessel shall exceed two hundred tons, it shall be the duty of the owner and master to provide and carry, as aforesaid, not less than three long-boats or yawls, of the same or larger dimensions; and for every failure in these particulars, the said master and owner shall forfeit and pay three hundred dollars. 1838. Penalty $300. or on the lakes Iron rods or instead of wheel tiller ropes. chains to be used Penalty $300. SEC. 9. And be it further enacted, That it shall be the duty Vessels at sea of the master and owner of every steam vessel employed on aforesaid, to careither of the lakes mentioned in the last section, or on the sea toy suction-hose, fire engine, &c. provide, as a part of the necessary furniture, a suction-hose and fire engine and hose suitable to be worked on said boat in case of fire, and carry the same upon each and every voyage, in : good order; and that iron rods or chains shall be employed and used in the navigation of all steamboats, instead of wheel or tiller ropes; and for a failure to do which, they, and each of or them, shall forfeit and pay the sum of three hundred dollars. SEC. 10. And be it further enacted, That it shall be the duty of the master and owner of every steamboat, running between sunset and sunrise, to carry one or more signal lights, that may be carried by vesbe seen by other boats navigating the same waters, under the penalty of two hundred dollars. SEC. 11. And be it further enacted, That the penalties im- How all peposed by this act may be sued for and recovered in the name of the United States, in the district or circuit court of such district or circuit where the offence shall have been committed, or forfeiture incurred, or in which the owner or master of said vessel may reside, one-half to the use of the informer, and the other to the use of the United States; or the said penalty may be prosecuted for by indictment in either of the said courts. Signal lights to sels running at night. Penalty $200 nalties shall be recovered. neer, pilot, or a boat, in which lost by inatten SEC. 12. And be it further enacted, That every captain, en- Captain, engigineer, pilot, or other person employed on board of any steam- other person emboat or vessel propelled in whole or in part by steam, by whose ploved on board misconduct, negligence, or inattention to his or their respective life or lives are duties, the life or lives of any person or persons on board said tion vessel may be destroyed, shall be deemed guilty of manslaughter, respective duties, and, upon conviction thereof before any circuit court in the shall be guilty of United States, shall be sentenced to confinement at hard labor Punishment. for a period not more than ten years; SEC. 13. And be it further enacted, That in all suits and ог negligence to their manslaughter. What shall be dence to charge sufficient evi the defendant, in case of the burst ing of a boiler, &c. CHAP. 192. An ACT to establish a criminal court in the District of Columbia. [SEC. 1.] 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 law, a court tablished in the trial of crimes. 1838. shall be established in the District of Columbia, for the trial of Court to be es- all crimes and offences against the laws now in force in the said District of Co. District, and such as may be hereafter enacted to be composed lumbia for the of one judge, to be appointed by the President of the United To be composed States, by and with the consent of the Senate, and to receive, as salary $2,000 per compensation for his services, an annual salary of two thouriminal sand dollars, which court shall be styled the criminal court of court of the D. C. the District of Columbia. of one judge at a annum, the the city of Wash County of Wash ington. Two terms in andria county. SEC. 2. And be it further enacted, That the said court shall Four terms in hold four terms in each year, on the first Mondays of December, ington for the March, June, and September, in the city of Washington, for the county of Washington, and two terms in each year, on the first the town of Alex. Mondays of April and November, in the town of Alexandria, andria for Alex for Alexandria county; and that the judge of said court shall Power to hold have power to hold special terms of said court in each county special terms. whenever it shall seem to him necessary to order the same, of which order ten days' previous public notice shall be given. District attor- SEC. 3. And be it further enacted, That the district attorney, ney, marshal, and clerks, of and marshal of the said District, and the clerks of the circuit the circuit court attend and court in the said District, for the counties of Washington and perform their Alexandria, respectively, shall attend the said criminal court in said counties, and perform all the duties now by law required of them, respectively, in relation to the criminal business of the circuit court in the said counties, and shall, respectively, receive Compensation the same fees and compensation therefor. And the jurors and witnesses. witnesses attending said court in the said counties shall be entitled to the same compensation they now receive for their attendance in the said circuit court in the said counties re-” spectively. to duties. of the jurors and All cases pending to transferred. be now SEC. 4. And be it further enacted, That all recognizances, presentments, indictments, pleas, and criminal prosecutions and proceedings whatsoever, and all suits and proceedings for fines and forfeitures and on forfeited recognizances, now pending in the said circuit court for the said counties of Washington and Alexandria, respectively shall be transferred to the said criminal court in the said counties, respectively, and be there proceeded on as they would have been in the said circuit court for said counties, respectively, if this act had not been passed; and all process hereafter issued, or now issued from the said circuit court, for the said counties, respectively, shall be returnable and returned to the said criminal court at the next succeeding term and terms thereof, in the said counties, respectively, and the Jurisdiction. said criminal court shall have all the jurisdiction in the said counties, respectively now held by the said circuit court in the said counties, respectively, for the trial and punishment of all crimes and offences, and the recovery of all fines, forfeitures and recognizances. SEC. 5. And be it further enacted, That the circuit court of the District of Columbia, or any judge thereof, during the vacaWrit of error tion of the court, shall have power to award a writ of error, in returnable to the any criminal case whatever, wherein final judgment shall have circuit court. been pronounced by the criminal court for either county in the may be awarded said District, returnable to the circuit court of that county in which said judgment may be rendered, convicting any person of any crime or misdemeanor, and to reverse said judgment, or remand the case, and order a new trial, or such other proceeding therein, as the nature of the case may require. 1838. be postponed on apply for a writ SEC. 6. And be it further enacted, That to enable the person Execution may so convicted by the judgment of the said criminal court, to ap-application to enply for a writ of error, in all cases when the judgment shall be able a convict to death, or confinement in the penitentiary, the said criminal court of error. shall, on application of the party accused, postpone the final execution thereof, to a reasonable time beyond the next term of said circuit court, not exceeding in any case thirty days after the end of such term of the circuit court. may, with the person accused, SEC. 7. And be it further enacted, That the said criminal Question of law, court, in any case, may with the consent of the person accused, consent of the adjourn any question of law to the circuit court of that county, be adjourned to in the District aforesaid, in which the case is depending, which the circuit court, may be there argued and decided, though such accused person decided. be not present. to be argued and roners, jurors, SEC. 8. And be it further enacted, That there shall be here- Fees to the coafter paid to the coroners of the counties of Washington and and witnesses, Alexandria in the said District, and to the jurors and witnesses, tend thereon. who may be lawfully summoned by them in any inquest, the same fees and compensation as are now paid to the marshal of the said District, and the jurors attending the circuit court in the said county for similar services. Approved, July 7th, 1838. of the U. S. for CHAP. 193. An ACT to change the time of holding the United States Circuit to be held at year on the third of the U. S. for Maryland to ba Monday of No ly. SEC. 2. And be it further enacted, That all recognizances held at Balti entered into, and all mesne and final process which have been more on the first issued, or which shall hereafter be issued, returnable to the first vember annualterm of said Court, shall be returnable to the term hereby esta- Recognizances blished, and shall have the same effect as though the said pro- process issued, cess had originally been made returnable to the term hereby established. Approved, July 7th, 1838. entered into, and when and where 1838. CHAP. 194. An ACT supplementary to an act entitled "An act to increase the present military establishment of the United States, and for other purposes," ap proved July fifth, eighteen hundred and thirty-eight. [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That the act to which this is a supplement shall be, and the same hereby is explained, limited, and modified as follows: No back ra- First. Nothing contained in said act shall be so construed as tions shall be al to allow to any officer additional rations for time past, commonly called back rations. lowed. Chaplains al lowed Second. The posts at which chaplains shall be allowed shall at only be limited to the number of twenty, and shall be first approved twenty posts. by the Secretary at War, and shall be confined to places most Assistant quartermasters not required to be se destitute of instruction. Third. That so much of said act as requires assistant quartermasters to be separated from the line, shall be, and the same parated from the is hereby, repealed. line. Twelve lieu- Fourth. That the number of lieutenants authorized by said tenants only to act to be added and transferred to the Ordnance Department, transferred to shall be limited to twelve. be added and Ordnance partment. De Pay of a pri vate soldier. Compensation to officers of the Fifth. That the monthly pay of a private soldier, raised by said act to eight dollars, shall be limited and fixed at seven dollars a month; one dollar thereof shall be retained, as provided for in said act. Sixth. That no compensation shall be allowed to officers of Engineer Depart the Engineer Department for disbursement of public money, while superintending public works. ment. Commissaries Seventh. That the three commissaries of subsistence authorated from the rized by said act, shall not be separated from the line of the line. acres of land to ed. army. Bounty of 160 Eighth. That so much of said act as allows one hundred soldiers repeal and sixty acres of land to soldiers who shall have served ten consecutive years be, and the same is hereby, repealed. Paymaster Ge- Ninth. That the said act shall be so construed as to allow neral and Sur: the Paymaster General and Surgeon General of the army, the Litled to addition- additional rations therein granted to officers of the line and staff al rations. for every five years service. Approved, July 7th, 1838. geon General en CHAP. 195. An ACT for the relief of Isaac Gale. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assem bled, That the Secretary of War be, and he is hereby, directed The name of to place the name of Isaac Gale on the pension-list of invalid 1. Gale to be put pensioners of the United States; and that the said Isaac Gale be pension list at entitled to receive a pension, at the rate of six dollars a month from the first of January, eighteen hundred and thirty-eight. Approved, July 7th, 1838. on the invalid $6 a month. |
