Imágenes de páginas
PDF
EPUB

ment shall be deemed, to all intents and purposes, a full and final determination of the rights of such person, and shall entitle such person, as against the United States, to such rights as he would have had in case possession of said property had not been changed; and if such claim be for the payment of money, and the same shall by such judgment be found to be due, the presentation of a duly authenticated copy of the record of such judgment and proceedings shall be sufficient evidence to the proper accounting officers for the allowance thereof; and the same shall thereupon be allowed and paid out of any moneys in the treasury not otherwise appropriated: Provided, That the amount so to be allowed and paid shall not exceed the value of the interest of the United States in the amount to be paid. property in question: And provided, further, That nothing herein contained shall be considered as recognizing or conceding any right to Right to enenforce by seizure, arrest, attachment, or any judicial process, any claim force such claim, against any property of the United States, or against any property held, nized. owned, or employed by the United States, or by any department thereof, for any public use, or as waiving any objection to any proceeding insti tuted to enforce any such claim. APPROVED, June 11, 1864.

Limit of

&c. not recog

June 11, 1864.

part of time

CHAP. CXVIII.-— An Act in Relation to the Limitation of Actions in certain Cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever, durTime during ing the existence of the present rebellion, any action, civil or criminal, which person is beyond legal proshall accrue against any person who, by reason of resistance to the exe. cess by reason of cution of the laws of the United States, or the interruption of the ordi- resistance to the nary course of judicial proceedings, cannot be served with process for the laws not to make commencement of such action or the arrest of such person, or whenever, limited for bringafter such action, civil or criminal, shall have accrued, such person cannot, ing actions. by reason of such resistance of the laws, or such interruption of judicial proceedings, be arrested or served with process for the commencement of the action, the time during which such person shall so be beyond the reach of legal process shall not be deemed or taken as any part of the time limited by law for the commencement of such action. APPROVED, June 11, 1864.

CHAP. CXIX.

- An Act relating to Members of Congress, Heads of Departments, and
other Officers of the Government.

June 11, 1864.

Senators, representatives, heads of bureaus, &c., not to receive

pay for services

where the United

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no member of the Senate or House of Representatives shall, after his election and during his continuance in office, nor shall any head of a department, head of a bureau, clerk, or any other officer of the government receive or agree to receive any compensation whatsoever, directly or indirectly, for any in any matter services rendered, or to be rendered, after the passage of this act, to any States is a party. person, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party, or directly or indirectly interested, before any department, court-martial, bureau, officer, or any civil, military, or naval commission whatever. And any person offend

ing against any provision of this act shall, on conviction thereof, be Penalty.
deemed guilty of a misdemeanor, and be punished by a fine not exceed-
ing ten thousand dollars, and by imprisonment for a term not exceeding
two years, at the discretion of the court trying the same, and shall be
forever thereafter incapable of holding any office of honor, trust, or profit
under the government of the United States.

APPROVED, June 11, 1864.

June 11, 1864. CHAP. CXX.- An Act to change and define the Boundaries of the Eastern and Western Judicial Districts of Virginia, and to alter the Names of said Districts, and for other Purposes.

Jurisdiction and name of western district of Virginia;

of eastern district.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the jurisdiction of the western district of Virginia shall hereafter be coextensive with, and confined to the limits of the State of West Virginia, and shall be called the district of West Virginia; and the jurisdiction of the eastern district of Virginia shall hereafter be coextensive with the limits and include the whole of the State of Virginia, and shall be called the district of Virginia. The judge of the said district of West Virginia shall annually hold six Sessions of dis- sessions as follows: At Clarksburg, on the 24th days of March and August; at Wheeling, on the sixth days of April and September; and at Charleston, on the nineteenth days of April and September. The judge of the district of Virginia shall, in addition to the sessions heretofore held by him as judge of the eastern district of Virginia, hold sessions at the times and places within the district of Virginia when and where sessions were held prior to the passage of this act by the judge of the western district of Virginia.

trict of West

Virginia;

of Virginia.

Records and

cess.

SEC. 2. And be it further enacted, That all the records and files of files, where to be the courts of the western district of Virginia, hitherto held within the kept. limits of the district of Virginia, as prescribed and fixed in the first section of this act, shall remain and be kept in the district of Virginia; and all records and files of the courts of the western district of Virginia, hitherto held within the limits of the district of West Virginia, as prePending pro- scribed and fixed by the first section of this act, shall remain and be kept in the district of West Virginia. And all writs, suits, pleas, recognizances, indictments, and all other process, civil or criminal, issued, sued out, commenced, or pending, of which, if this act had never been passed, the judge of the western district would have had jurisdiction within the limits of the said district of Virginia, as defined by this act, shall be returned, entered, and have day before, and be heard and determined by, the judge of the district of Virginia, in the same manner, and with the same validity and effect, as they should have been returned, entered, heard, and determined by the judge of the western district of Virginia, if this act had never been passed.

Proceedings of of court of west ern district of Virginia confirmed.

SEC. 3. And be it further enacted, That all the judicial proceedings of the court of the western district of Virginia had within the limits of the district of West Virginia, as fixed by the first section of this act, since the erection of West Virginia into a state, are hereby made and declared to be as valid and binding as if this act had been passed contemporaneously with the act establishing the State of West Virginia, and said judicial proceedings had been under and by virtue of this act. APPROVED, June 11, 1864.

June 11, 1864. CHAP. CXXI. —An Act to provide for the summary Trial of minor Offences against the

Special sessions of United States district

courts may be

held to try, &c.

Laws 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 lawful for the judge of any district court of the United States to hold a special session of said court at any time, whether in term or vacation, for the trial of minor offences against the laws of the United States, as hereinafter pro

vided.

SEC. 2. And be it further enacted, That whenever a complaint shall be Complaints made against any master, officer, or mariner of any ship or vessel belongagainst officers and mariners of ing, in whole or in part, to any citizen or citizens of the United States, of vessels, for offen- the commission of any offence, not capital or otherwise infamous, against any law of the United States made for the protection of persons or prop

ces not capital or infamous, to be

erty engaged in commerce or navigation, it shall be the duty of the dis- investigated by district attorney, trict attorney to investigate the same, and the general nature thereof, and summarily and if, in his opinion, the case is such as should be summarily tried under tried. the provisions of this act, he shall report the same to the district judge, and the judge shall forthwith, or as soon as the ordinary business of the court will permit, proceed to try the cause, and for that purpose may, if necessary, hold a special session of the court.

No indictment

Written com

SEC. 3. And be it further enacted, That at such trial it shall not be necessary that the accused shall have been previously indicted, but a necessary. statement of complaint, verified by oath, in writing, shall be presented to the court, setting out the offence in such manner as clearly to apprize the plaint on oath. accused of the character of the offence complained of, and to enable him Defendant may to answer the complaint. And the said complaint or statement shall be answer and make read to the accused, who may plead to or answer the same, or make a ment.

counter-statement.

counter-state

court.

SEC. 4. And be it further enacted, That the said trial shall thereupon Summary trial be proceeded with in a summary manner, and the case shall be decided to be had by the by the court, unless, at the time for pleading or answering, the accused shall demand a jury, in which case the trial shall be upon the complaint Jury. and plea of not guilty.

SEC. 5. And be it further enacted, That it shall not be lawful for the court to sentence any person convicted on such trial to any greater punishment than imprisonment in jail for one year, or to a fine exceeding five hundred dollars, or both, in its discretion, in those cases where the laws of the United States authorize such imprisonment and fine.

Limit of sentence in such

cases.

SEC. 6. And be it further enacted, That it shall be lawful for the court Complaint or to allow the district attorney to amend his statement or complaint at any statement may be amended, &c. stage of the proceedings, before verdict, if, in the opinion of the court, such amendment will work no injustice to the accused; and if it appear to the court that the accused is unprepared to meet the charge as amended, and that an adjournment of these will promote the ends of justice, such adjournment shall be made until a further day, to be fixed by the

court.

SEC. 7. And be it further enacted, That at such trial, if by jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers. APPROVED, June 11, 1864.

CHAP. CXXII. —An Act to abolish the Collection Districts of Port Orford and Cape
Perpetua, in the State of Oregon.

If trial by jury. fenges allowed. peremptory chal

Other chal

lenges.

June 11, 1864.

Collection districts of Port Or

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the collection districts of Cape Perpetua and Port Orford, heretofore established by law, are ford and Cape hereby abolished, and the same attached to the collection district of Perpetua abolOregon.

APPROVED, June 11, 1864.

ished.

CHAP. CXXIII.-An Act to amend an Act entitled "An Act to confirm certain private June 11, 1864. Land Claims in the Territory of New Mexico."

1860, ch. 167.

Vol. xii. p. 71.

Heirs of Luis

relocate certain

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sixth section of the act entitled "An act to confirm certain private land claims in the Terri- Maria Baca may tory of New Mexico," approved June twenty-first, eighteen hundred and land in New sixty, be, and the same is hereby, so amended as to enable the heirs of Mexico. Luis Maria Baca to raise and withdraw the selection and location of one of the square bodies of land confirmed to them by said act, heretofore located by said heirs on the Pecos River, adjoining the Fort Sumner res

Effect of relocation.

Their right to former location to be void.

ervation, and to select and re-locate the same, in the manner provided by said act, at any time before the twenty-first day of June, in the year eighteen hundred and sixty-five, upon any of the public lands, unoccupied and not mineral, within the limits of the Territory of New Mexico, as said limits were known and defined by law on the twenty-first day of June, in the year eighteen hundred and sixty; and upon such selection and re-location, the title to said square body of land, the same being the one fifth part of the private claim confirmed to said heirs as aforesaid, so selected and re-located, shall be, and is hereby, confirmed to the said heirs of the said Luis Maria Baca as fully and perfectly as if the same had been selected and located within three years from and after the approval of the act aforesaid.

SEC. 2. And be it further enacted, That upon such selection and relocation all right, title, and interest of the said heirs of Luis Maria Baca, of, in, and to the square body of land heretofore selected and located by them on the Pecos River, adjoining the Fort Sumner reservation in New Mexico, is hereby divested and declared null and void, and the same shall revest in the government of the United States. APPROVED, June 11, 1864.

June 15, 1864. CHAP. CXXIV. - An Act making Appropriations for the Support of the Army for the Year ending the thirtieth June, eighteen hundred and sixty-five, and for other Purposes.

[blocks in formation]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the support of the army for the year ending the thirtieth of June, eighteen hundred and sixty-five :

For expenses of recruiting, transportation of recruits, and compensation to citizen surgeons for medical attendance, three hundred thousand dollars.

For purchase of books of tactics and instructions for volunteers, fifty

thousand dollars.

For contingent expenses of the adjutant-general's department at the headquarters of the several military departments, five thousand dollars.

For copying official reports of the armies of the United States, for publication, five thousand dollars.

For bounties and premiums for the enticment [enlistment] of recruits for the regular army, three hundred and fifty thousand dollars.

For the pay of advance bounties to volunteers and drafted men, five

and drafted men. million dollars.

Collecting, drilling, &c., volunteers.

Pay.

Commutation.

Pay in lieu of clothing.

For pay of premiums, rent of buildings and grounds, transportation, subsistence, lodging, commutation of fuel and quarters, straw, postage, stationery, advertising, medicines, and medical attendance, and all other necessary expenses incidental to the collecting, drilling, and organizing volunteers, and for the necessary expenses under the enrolment act, five million dollars.

For pay of the army, nine million nine hundred and seventy-one thousand two hundred and forty-three dollars and sixty cents.

For commutation of officers' subsistence, one million seven hundred and twenty-three thousand six hundred and twenty-nine dollars and fifty

cents.

For commutation of forage for officers' horses, one hundred and four thousand six hundred dollars.

For payments in lieu of clothing for officers' servants, eighty-two thousand eight hundred and twenty dollars.

For payments to discharged soldiers for clothing not drawn, one hundred and fifty thousand dollars.

For pay of volunteers, including the bounties authorized by law, one

teers.

hundred and seventy-seven million four hundred and sixty-two thousand Pay of volunseven hundred and twenty-eight dollars and twenty-five cents: Provided, That if any officer in the regular or volunteer forces shall employ a Officers using soldiers as sersoldier as a servant, such officer shall not be entitled to any pay or vants not entitled allowances for a servant or servants, but shall be subject to the deduction to allowances. from his pay required by the third section of the act entitled "An act to 1862, ch. 200. define the pay and emoluments of certain officers of the army, and for § 3. Vol. xii. p. 594, other purposes," approved July seventeen, eighteen hundred and sixtytwo: And provided, further, That the second section of the act entitled "An act giving further compensation to the captains and subalterns of of former act. the army of the United States in certain cases," allowing ten dollars additional per month to any officer in actual command of a company, as compensation for his duties and responsibilities with respect to the clothing, arms, and accoutrements of the company, shall be construed to apply only to company officers in actual command as aforesaid.

§ 2.

Construction

1827, ch. 42,

Vol. iv. p. 227.

Subsistence in

For subsistence in kind for regulars, volunteers, and drafted men, ninety-one million four hundred and twenty-five thousand four hundred kind and twenty-six dollars and thirty cents.

For the regular supplies of the quartermaster's department, consist- Quartermasing of fuel for the officers, enlisted men, guard, hospitals, storehouses, ter's department. and offices; of forage in kind for the horses, mules, and oxen for the quartermaster's department, at the several posts and stations, and with the armies in the field; for the horses of the several regiments of cavalry, the batteries of artillery, and such companies of infantry as may be mounted, and for the authorized number of officers' horses when serving in the field and at the outposts, including bedding for the animals; of straw for soldiers' bedding, and of stationery, including blank books for the quartermaster's department, certificates for discharged soldiers, blank forms for the pay and quartermasters' departments; and for the printing of division and department orders and reports, sixty million dollars.

6.

Incidental ex

1802, ch. 9, §§

Vol. ii. p. 136.

1819, ch. 45. Vol. iii. p. 488.

Vol. x. p. 576.

For the incidental expenses of the quartermaster's department, consisting of postage on letters and packages received and sent by officers of penses of quarmaster's departthe army on public service; expenses of courts-martial, military com- ment. missions, and courts of inquiry, including the additional compensation of judge-advocates, recorders, members, and witnesses, while on that service; under the act of March sixteenth, eighteen hundred and two, extra pay to soldiers employed, under the direction of the quartermaster's depart- 21, 22. ment, in the erection of barracks, quarters, storehouses, and hospitals; in the construction of roads, and on other constant labor, for periods of not less than ten days, under the acts of March second, eighteen hundred and nineteen, and August fouth [fourth,] eighteen hundred and fifty-four, 1854, ch. 247, § including those employed as clerks at division and department headquarters; expenses of expresses to and from the frontier posts and armies in the field; of escorts to paymasters and other disbursing officers and to trains where military escorts cannot be furnished; expenses of the interment of officers killed in action, or who die when on duty in the field, or at posts on the frontiers, or at other posts and places when ordered by the Secretary of War, and of non-commissioned officers and soldiers; authorized office furniture; hire of laborers in the quartermaster's department, including the hire of interpreters, spies, and guides for the army; compensation of clerks to officers of the quartermaster's department; compensation of forage and wagon-masters, authorized by the act of July fifth, 1838, ch. 162, eighteen hundred and thirty-eight; for the apprehension of deserters, and § 10. the expenses incident to their pursuit; and for the following expenditures Vol. v. p. 257. required for the several regiments of cavalry, the batteries of light artillery, and such companies of infantry as may be mounted, viz: the purchase of travelling forges, blacksmiths' and shoeing tools, horses and mule shoes and nails, iron and steel for shoeing, hire of veterinary surgeons,

« AnteriorContinuar »