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CHAPTER 113.-Approved, July 1, 1812.-Vol. 2, p. 769.

An Act supplementary to an Act entitled "An Act more effectually to provide for the organization of the Militia of the District of Columbia.".

1. Legionary musters. 3. Battalion courts of inquiry. 4. Collection of fines. 6. Squadron courts of inquiry. Cavalry to be subject to legionary courts, &c. Proviso. 7. Orders in relation to uniform issued through the brigadier-general to be obeyed. 8. Arms exempt from taxation or execution.

That, from and after the passage of this act, the muster of each legion, required to be held by the act to which this is a supplement, in each year, may be held in either the month of October or November, as the commanding officer of the brigade may appoint.

SEC. 2. That so much of the eleventh section of the acts to which this is a supplement, as requires that there shall be a muster of each troop of cavalry and company of militia comprehending the companies made up by voluntary enrolment, in the months of July, August, and November, and all the twenty-second section of the said act, be and the same are hereby repealed.

SEC. 3. That the battalion courts of inquiry, mentioned in the eighth section of said act, shall be held in the months only of July and November in each year; and the legionary courts of inquiry, mentioned in the said section, shall be respectively held in not less than ten nor more than twenty days after each battalion court of inquiry: Provided, however, That the commanding officer of each legion shall be and is hereby empowered to appoint and convene legionary courts extraordinary, which may exercise all or any of the powers, and perform all or any of the duties, of the ordinary legionary courts of inquiry, except the power of assessing fines incurred by the officers of the legion, for any delinquency or neglect of duty, other than failing to attend such legionary courts extraordinary.

SEC. 4. That all fines to be assessed under the authority of the act last aforesaid, shall be certified by the clerks of the legionary and battalion courts of inquiry respectively, by which the same shall be assessed, to the marshal of the District of Columbia, and, so certified, shall be delivered to the marshal within

2 Ibid.

3 Ibid.

1 Act of March 3, 1803, chap. 20. This virtually repeals the 22d sec. of chap. 20, 3 March, 1803, appointing a col lector of fines, &c.

fifteen days after the sitting of the court empowered finally to determine, and he shall give a receipt therefor. The said marshal shall forthwith proceed to collect the said fines, and (should any person fail to make payment when called on) to levy the amount with costs by distress and sale of the goods and chattels of the delinquent; which costs and manner of proceeding shall be the same as in other cases of distresses. And where there are no goods or chattels to be found whereof to levy the said fines, the marshal shall commit such delinquent to jail, and hold him in close confinement during the term of twenty-four hours, for each and every fine by him payable, (unless the same shall be sooner paid,) in the same manner as other persons condemned to fine and imprisonment at the suit of the United States may be committed; and the marshal shall account for all the fines, and pay such as have been by him levied, to the paymaster of the legion, from which he shall have received the certified lists, within six months after said lists may have been delivered to him, respectively deducting from the amount so to be paid, twelve and a half per centum as a compensation for his trouble; and, in case of failure, the same shall be recovered by motion in the circuit court of the District of Columbia, in either county of said district, in the name of the paymaster of said legion, with twelve and a half per centum damages, and legal interest on the amount from the time it ought to have been paid, and costs of suit: Provided, The marshal shall have had ten days' notice of such motion. And should it happen in any case, during the pendency of proceedings and before payment is made by the marshal, that the paymaster in whose name the proceedings are going on, should be removed from his office or station, it shall not abate or in any manner interrupt or affect the proceedings, but the name of the succeeding paymaster may be substituted until the proceedings are formally closed.

SEC. 5. That where any fine or fines shall have been collected or imposed, the delinquent shall be at liberty, at any time within twelve months after such imposition, to apply to any of the legionary courts to return or remit the same, and the court is hereby empowered to make such order in the case as may seem to them, or a majority of them, to be right and just.

SEC. 6. That squadron courts of inquiry, for the squadron of cavalry within the District of Columbia, shall be separately held

within the said district; but whenever a legionary court of inquiry, as heretofore by law directed, shall be held, the cavalry within the limits of the legion for which such court may be held, shall be within and subject to its jurisdiction and authority; and the commanding officers of the squadron and companies of cavalry shall be members of such legionary court for the legion within which they shall respectively reside: Provided, however, That when the cavalry shall have been established or formed into a separate legion, there shall be separate legionary courts held by and for them, at some place within the district; both the squadron and legionary courts of cavalry to be respectively for similar purposes, to be appointed and constituted in a similar manner, and to be subject to the same rules and regulations as the battalion and legionary courts authorized and directed by the act to which this is a supplement.

SEC. 7. That all orders in relation to the procuring or wearing of such uniform and equipments, or either of them, as shall have been previously determined on, which shall be issued and communicated by the brigadier-general to the officers of the brigade, or any of them, shall be forthwith obeyed; and for every disobedience of any such order the delinquent shall be subject to the penalty or fine prescribed in the twenty-seventh1 section of the said act to which this is a supplement, besides being subject to arrest.

SEC. 8. That the arms and other equipments belonging to an officer, non-commissioned officer, or private, be exempt from tax

ation or execution.

[Approved, July 1, 1812.]

CHAPTER 119.-Approved, July 1, 1812.-Vol. 2, p. 774.

An Act supplementary to “An Act2 authorizing the President of the United States to raise certain companies of rangers for the protection of the frontier of the United States."

That the President of the United States be, and he is hereby, authorized to raise one additional company of rangers, when he may deem it necessary for the public service, under the same provisions, conditions, and restrictions of the act to which this is a supplement.

1 Act of 3 March, 1803, chap. 20.

2 Act of 2 January, 1812, chap. 11. See chap. 31, 25 Feb. 1812, chap. 41, 2 Aug. 1813, chap. 131, 15 June, 1832, and sec. 4, chap. 76, 2 March, 1833.

SEC. 2. That, for defraying the expenses thereof, the sum of $11,250 be, and the same is hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated.

[Approved, July 1, 1812.]

CHAPTER 133.-Approved, July 6, 1812.-Vol. 2, p. 782.

An Act respecting the pay of the Army of the United States.1

That the officers, non-commissioned officers, musicians, and privates, of the army of the United States, shall receive the same pay, forage, rations, clothing, and other emoluments, as the officers of the same grade and corps, non-commissioned officers, musicians, and privates, are entitled to by the act entitled "An act to raise, for a limited time, an additional military force," passed April 12, 1808; and to the aid-de-camp of a brigadier, to a brigadequartermaster, brigade-inspector, and adjutant, there shall be allowed forage for one horse only, or, in lieu thereof, $10 per month; and to the brigade-majors, under the act passed January 11, 1812, there shall be allowed forage for one horse, or, in lieu thereof, $10 per month; and the pay of a quartermaster-sergeant shall be $9 per month.

CHAPTER 137.-Approved, July 6, 1812.-Vol. 2, p. 784.

An Act making further provisions for the Army of the United States, and for other purposes.6

4. Brevet rank. No additional pay, &c., unless to commanders of separat eposts, &c.

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 two brigadiergenerals, in addition to those already authorized by law, who shall each be entitled to the same number of aids and brigade-majors as are allowed to a brigadier-general under the act of Congress passed the 11th of January, 1812. And the said brigadier-generals, aids, and brigade-majors, shall be entitled to receive the same pay and emoluments as are by law allowed to officers of the same grade.

SEC. 2. That to any army of the United States, other than that in which the adjutant-general, inspector-general, quartermaster-general, and paymaster of the army shall serve, it shall be lawful for the President to appoint one deputy adjutant-general, one deputy inspector-general, one deputy quartermaster-general, and one deputy paymaster-general, who

1 Superseded by act of 3 March, 1815, chap. 79, which adopts the provisions of the same act in respect to pay, &c.

2 Chap. 43, ante.

4 Chap. 14.

3 See 22 July, 1813, chap. 17.

5 $17 by act of July, 1838, chap. 162, sec. 16.

6 The first and second sections of this act, relating to organization and pay, are superseded by the provisions of the act of 3 March, 1815, chap. 79.

7 See, as to brigadiers, the act reorganizing the army, 2 March, 1821, chap. 13, and the 16 March, 1802, chap. 9, n., and see sec. 3, chap. 24, 29 July, 1861.

See, for adjutant-general, the 2 March, 1821, chap. 13, sec. 6, and see sec. 2, chap 42, 3 Aug. 1861.

shall be taken from the line of the army, and who shall, each, in addition to his pay and other emoluments, be entitled to $50 per month, which shall be in full compensation for his extra services. And that there shall be, to each of the foregoing deputies, such number of assistant deputies (not exceeding three to each department) as the public service may require, who shall, in like manner, be taken from the line, and who shall, each, be entitled to $30 per month, in addition to his pay and other emoluments, which shall be in full compensation for his extra services: And provided, also, That the President of the United States be, and he is hereby, authorized to appoint any of the officers named in this act during the recess of the Senate, to be submitted to the Senate, at their next meeting, for their advice and consent.

SEC. 3. That all letters and packages to and from the adjutant-general and inspector-general shall be free from postage.1

SEC. 4. That the President is hereby authorized to confer❜ brevet rank on such officers of the army as shall distinguish themselves by gallant actions or meritorious conduct, or who shall have served ten years in any one grade: Provided, That nothing herein contained shall be so construed as to entitle officers so breveted to any additional pay or emoluments, except when commanding separate posts, districts, or detachments, when they shall be entitled to, and receive, the same pay and emoluments to which officers of the same grades are now or hereafter may be allowed by law.

SEC. 5.5 That the officers who shall not take waiters from the line of the army shall receive the pay, clothing, and subsistence allowed to a private soldier, for as many waiters as they may actually keep, not exceeding the number allowed by existing regulations.

[Approved, July 6, 1812.]

CHAPTER 138.—Approved, July 6, 1812.-Vol. 2, p. 785.

An Act supplementary to the Act entitled “An Act authorizing the President of the United States to accept and organize certain volunteer military corps."

That in all cases where volunteers have offered or hereafter shall offer

1 By the Post-office law of 3 March, 1845, chap. 43, sec. 3, the franking privilege was abolished, and in consideration of an annual payment by the Treasury to the Post-office Department, the mails of the several Executive Departments are to be transmitted as before, upon the endorsement of the proper officer that is on "official business." For franking privileges, see chap. 71, sec. 42, 3 March, 1863, post. p. 552. 2 With consent of the Senate, the 16 April, 1818, chap. 64, sec. 2..

* This clause in italics repealed by the 30 June, 1834, chap. 132, sec. 9.

4 When on duty, and having command, by the 16 April, 1818, chap. 64.

5 This section as to waiters is supplied by 30 March, 1814, chap. 37, secs. 9 and 10. and the 24 April, 1816, chap. 69, sec. 12.

6 See chap. 200, July, 1862.

Repealed by chap. 16, sec. 18, 29 Jan. 1813.

8 Chap. 21, 26 Feb. 181.

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