Clerks may Oath and bond SEC. 5. And be it further enacted, That the clerks of the circuit courts of the tenth circuit shall have power to appoint one or more deputies, and remove appoint deputies, who shall have the same authority, in all respects, as their principal. The them. appointment shall be in writing, and be signed by the clerk, and shall be filed in his office, and be entered at large upon the records of the court. The clerk may revoke the appointment of any deputy at will by writing filed in the office, and entered upon the records. Each deputy, before entering upon his duties, shall take the oath of office prescribed by the act of entitled "An act to prescribe an oath of office and for other purposes," approved July two, eighteen hundred and sixty-two. And such oath shall be endorsed upon his appointment. The clerk may take from each of his deputies a bond with sureties for the faithful performance of his duties, but the clerk and the sureties on his official bond shall be liable for all acts of deputy. the official acts of each deputy. deputies. 1862, ch. 128. Vol. xii. p. 502. Clerk liable for SEC. 6. And be it further enacted, That the clerks of the circuit courts Fees, &c., of and district courts of the United States for the districts of California and clerks. Oregon shall severally be entitled to charge and receive for the services they may perform double the fees and compensation allowed by the act entitled "An act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States and for other purposes," approved February twenty-six, eighteen hundred and fifty-three. 1853, ch. 80. Vol. x. p. 161. Form of deciwrits of error. sion, appeals, SEC. 7. And be it further enacted, That issues of fact in civil cases Trials of issues may be tried and determined by the said circuit court without the inter- of fact without a jury. vention of a jury, whenever the parties or their attorneys of record file a stipulation in writing with the clerk waiving a jury. Upon the trial of an issue of fact by the court, its decision shall be given in writing and filed with the clerk. In giving the decision, the facts found and the conclusions of law shall be separately stated. The review of the judgment or decree entered upon such findings by the supreme court of the United States upon appeal or writ of error shall be limited to a determination of the sufficiency of the facts found to support the judgment or decree entered, and to the rulings of the court in admitting or rejecting evidence offered, and in the construction of written documents produced and admitted. The supreme court may affirm or modify or reverse the judgment or decree entered, or may, in its discretion, order a new trial or further proceedings to be taken. Terms of the Federal district court in Califor SEC. 8. And be it further enacted, That a term of the district court of the United States for the southern district of California shall be held in the city of Monterey, in said state, on the first Monday of February, and nia, on the first Monday of June, and on the first Monday of October, of each year; and a term of the district court of the United States for the northern district of California shall be held in the city of San Francisco, in said state, on the first Monday of April, and on the second Monday of August, and on the first Monday of December, of each year; and a term of the district court of the United States for the district of Oregon shall be held at the city of Portland, in the State of Oregon, on the first Monday of March, and on the first Monday of July, and on the first Monday of November, of each year. in Oregon. former laws and of inconsistent SEC. 9. And be it further enacted, That section four of the act entitled Repeal of "An act to provide circuit courts for the districts of California and Oregon, and for other purposes," approved March third, eighteen hundred provisions. and sixty-three; and sections four and five of the act entitled "An act to provide for extending the laws and judicial system of the United States $ 4 to the State of California," approved September twenty-eight, eighteen hundred and fifty, and all provisions of law inconsistent with this act, be and the same are hereby repealed. SEC. 10. And be it further enacted, That this act shall take effect on the first Monday of May, one thousand eight hundred and sixty-four. APPROVED, February 19, 1864. 1863, ch. 100, Vol. xii. p. 794. 1850, ch. 86, 4, 5. Vol. ix. p. 522. When act takes effect. Feb. 24, 1864. 1863, ch. 75. Vol. xii. p. 731. 1865, ch. 79. Post, p. 487. President may call for such number of men as public exigencies require. Quota of each ward, town, &c., how to be determined. CHAP. XIII. - An Act to amend an Act entitled "An Act for enrolling and calling our the National Forces, and for other Purposes," approved March third, eighteen hundrea and sixty-three. 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 shall be authorized, whenever he shall deem it necessary, during the present war, to call for such number of men for the military service of the United States as the public exigencies may require. SEC. 2. And be it further enacted, That the quota of each ward of a city, town, township, precinct, or election district, or of a county, where the county is not divided into wards, towns, townships, precincts, or election districts, shall be, as nearly as possible, in proportion to the number of men resident therein liable to render military service, taking into account as far as practicable, the number which has been previously furnished therefrom; and in ascertaining and filling said quota there shall be taken into account the number of men who have heretofore entered the naval naval service to service of the United States, and whose names are borne upon the enrolment lists as already returned to the office of the provost-marshal general of the United States. Persons in be reckoned. If quota is not filled by volunteers, draft to be made. 1864, ch. 237, § 6. Post, p. 380. SEC. 3. And be it further enacted, That if the quotas shall not be filled within the time designated by the President, the provost-marshal of the district within which any ward of a city, town, township, precinct, or election district, or county, where the same is not divided into wards, towns, townships, precincts, or election districts, which is deficient in its quota, is situated, shall, under the direction of the provost-marshal general, make a draft for the number deficient therefrom; but all volunteers who may enlist after the draft shall have been ordered, and before it shall be actually made, shall be deducted from the nuinber ordered to be drafted in such ward, town, township, precinct, or election district, or county. And if the quota of any district shall not be filled by the draft made in accordance with the provisions of this act, and the act to which it is an amendment, further drafts shall be made, and like proceedings had, until Further drafts. the quota of such district shall be filled. Volunteers enlisting after draft. Substitutes, what and by whom may be furnished, and for how long. SEC. 4. And be it further enacted, That any person enrolled under the provisions of the act for enrolling and calling out the national forces, and for other purposes, approved March third, eighteen hundred and sixty-three, or who may be hereafter so enrolled, may furnish, at any time previous to the draft, an acceptable substitute, who is not liable to draft, nor at the time in the military or naval service of the United Vol xii. p. 731. States, and such person so furnishing a substitute shall be exempt from draft during the time for which [such] substitute shall not be liable to draft, not exceeding the time for which such substitute shall have been accepted. 1863, ch. 75. Drafted per sons may furnish substitutes. 15. Post, p. 489. SEC. 5. And be it further enacted, That any person drafted into the military service of the United States may, before the time fixed for his appearance for duty at the draft rendezvous, furnish an acceptable substitute, subject to such rules and regulations as may be prescribed by the 1865, ch. 79, § Secretary of War. That if such substitute is not liable to draft, the person furnishing him shall be exempt from draft during the time for which such substitute is not liable to draft, not exceeding the term for which he was drafted; and, if such substitute is liable to draft, the name of the person furnishing him shall again be placed on the roll, and shall be liable to draft on future calls, but not until the present enrolment shall be exhausted; and this exemption shall not exceed the term for which such person shall have been drafted. And any person now in the military or naval service of the United States, not physically disqualified, who has so served more than one year, and whose term of unexpired service shall not at the time of substitution exceed six months, may be employed as a substitute to serve in the troops of the State in which he enlisted; and if How long to be exempt. Who may be employed as substitutes. Payment of money, how to exempt. any drafted person shall hereafter pay money for the procuration of a substitute, under the provisions of the act to which this is an amendment, such payment of money shall operate only to relieve such person from commutation draft in filling that quota; and his name shall be retained on the roll in filling future quotas; but in no instance shall the exemption of any person, on account of his payment of commutation money for the procuration of a substitute, extend beyond one year; but at the end of one year, in every such case, the name of any person so exempted shall be enrolled again, if not before returned to the enrolment list under the provisions of this section. Who to be Names of what rolment list. Seamen drafted may enlist in naval service, &c. SEC. 6. And be it further enacted, That boards of enrolment shall enroll all persons liable to draft under the provisions of this act, and the act enrolled. to which this is an amendment, whose names may have been omitted by the proper enrolling officers; all persons who shall arrive at the age of twenty years before the draft; all aliens who shall declare their intentions to become citizens; all persons discharged from the military or naval service of the United States who have not been in such service two years during the present war; and all persons who have been exempted under the provisions of the second section of the act to which this is an amendment, but who are not exempted by the provisions of this act; and said boards of enrolment shall release and discharge from draft all persons persons to be who, between the time of the enrolment and the draft, shall have arrived struck from enat the age of forty-five years, and shall strike the names of such persons from the enrolment. SEC. 7. And be it further enacted, That any mariner or able or ordinary seaman who shall be drafted under this act, or the act to which this is an amendment, shall have the right, within eight days after the notification of such draft, to enlist in the naval service as a seaman, and a certificate that he has so enlisted being made out, in conformity with regulations which may be prescribed by the Secretary of the Navy, and duly presented to the provost-marshal of the district in which such mariner or able or ordinary seaman shall have been drafted, shall exempt him from such draft: Provided, That the period for which he shall have enlisted into the naval service shall not be less than the period for which ment. he shall have been drafted into the military service: And provided further, That the said certificate shall declare that satisfactory proof has been made before the naval officer issuing the same that the said person so enlisting in the navy is a mariner by vocation, or an able or ordinary seaman. And any person now in the military service of the United States, who shall furnish satisfactory proof that he is a mariner by vocation or an able or ordinary seaman, may enlist into the navy under such rules and regulations as may be prescribed by the President of the United States: Provided, That such enlistment shall not be for less than the unexpired term of his military service nor for less than one year. And the bounty-money which any mariner or seaman enlisting from the army into Bounty-money the navy may have received from the United States, or from the state in to be deducted from prizewhich he enlisted in the army, shall be deducted from the prize-money to money. which he may become entitled during the time required to complete his military service: And provided further, That the whole number of such transfer enlistments shall not exceed ten thousand. Term of enlist Proof that he is a seaman. Limit of transfer enlistments. Such enlisted credited to SEC. 8. And be it further enacted, That whenever any such mariner or able or ordinary seaman shall have been exempted from such draft in the seamen to be military service by such enlistment into the naval service, under such town, ward, &c. due certificate thereof, then the ward, town, township, precinct, or election on their quota. district, or county, when the same is not divided into wards, towns, townships, precincts, or election districts, from which such person has been drafted, shall be credited with his services to all intents and purposes as if he had been duly mustered into the military service under such draft. SEC. 9. And be it further enacted, That all enlistments into the naval Enlistments into naval service or marine corps to be credited. 1863, ch. 75. Vol. xii. p. 731. Exempts from enrolment. Law for en rolment into two Penalty for forcibly resisting, &c. the enrolment, or persons employed therein. service of the United States, or into the marine corps of the United States, that may hereafter be made of persons liable to service under the act of congress entitled "An act for enrolling and calling out the national forces, and for other purposes," approved March third, eighteen hundred and sixty-three, shall be credited to the ward, town, township, precinct, or election district, or county, when the same is not divided into wards, towns, townships, precincts, or election districts, in which such enlisted men were or may be enrolled and liable to duty under the act aforesaid, under such regulations as the provost-marshal general of the United States may prescribe. SEC. 10. And be it further enacted, That the following persons be and they are hereby exempted from enrolment and draft under the provisions of this act and of the act to which this is an amendment, to wit: Such as are rejected as physically or mentally unfit for the service, all persons actually in the military or naval service of the United States at the time of the draft, and all persons who have served in the military or naval service two years during the present war and been honorably discharged therefrom; and no persons but such as are herein exempted shall be exempt. SEC. 11. And be it further enacted, That section third of the "Act for enrolling and calling out the national forces, and for other purposes," approved March third, eighteen hundred and sixty-three, and so much of section ten of said act as provides for the separate enrolment of each class, be, and the same are hereby repealed; and it shall be the duty of the board of enrolment of each district to consolidate the two classes mentioned in the third section of said act. SEC. 12. And be it further enacted, That any person who shall forcibly resist or oppose any enrolment, or who shall incite, counsel, encourage, or who shall conspire or confederate with any other person or persons forcibly to resist or oppose any such enrolment, or who shall aid or assist, or take any part in any forcible resistance or opposition thereto, or who shall assault, obstruct, hinder, impede, or threaten any officer or other person employed in making or in aiding to make such enrolment, or employed in the performance, or in aiding in the performance of any service in any way relating thereto, or in arresting or aiding to arrest any spy or deserter from the military service of the United States, shall, upon conviction thereof in any court competent to try the offence, be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding five years, or by both of said punishments in the discretion of the court. And in cases where such assaulting, obstructing, hindering, or impeding shall produce the death of such officer or other person, the offender shall be deemed guilty of murder, and, upon conviction thereof upon indictment in the circuit court of the United States for the district within which the offence was committed, shall be punished with death. And nothing in this section contained shall be construed to relieve the party offending liable to be pun- from liability, under proper indictment or process, for any crime against the laws of a state, committed by him while violating the provisions of this section. Offenders ished under the State law. Additional surgeons to examine drafted ized. SEC. 13. And be it further enacted, That the Secretary of War shall be authorized to detail or appoint such number of additional surgeons for persons author- temporary duty in the examination of persons drafted into the military service, in any district, as may be necessary to secure the prompt examination of all such persons, and to fix the compensation to be paid surgeons so appointed while actually employed. And such surgeons so detailed or appointed shall perform the same duties as the surgeon of the board of enrolment, except that they shall not be permitted to vote or sit with the board of enrolment. Their duties. Examinations SEC. 14. And be it further enacted, That the Secretary of War is authorized, whenever in his judgment the public interest will be subserved may be held at thereby, to permit or require boards of examination of enrolled or drafted of drafted men Where must be men to hold their examinations at different points within their respective different points enrolment districts, to be determined by him: Provided, That in all dis- in district. tricts over one hundred miles in extent, and in such as are composed of over ten counties, the board shall hold their sessions in at least two places so held. in such district, and at such points as are best calculated to accommodate the people thereof. Witnesses for the boards of enrol Post, p. 491. Drafted men have process may witnesses. for Copies of record SEC. 15. And be it further enacted, That provost-marshals, boards of enrolment, or any member thereof, acting by authority of the board, shall government, have power to summon witnesses in behalf of the government, and en- may be sumforce their attendance by attachment without previous payment of fees, moned before in any case pending before them, or either of them; and the fees allowed ment. for witnesses attending under summons shall be six cents per mile for mileage, counting one way; and no other fees or costs shall be allowed Fees. Oath. under the provisions of this section; and they shall have power to administer oaths and affirmations. And any person who shall wilfully and Penalty for corruptly swear or affirm falsely before any provost-marshal, or board of false swearing. enrolment, or member thereof, acting by authority of the board, or who shall, before any civil magistrate, wilfully and corruptly swear or affirm 1865, ch. 79, § 24. falsely to any affidavit to be used in any case pending before any provostmarshal or board of enrolment, shall, on conviction, be fined not exceeding five hundred dollars, and imprisoned not less than six months nor The drafted men shall have process to bring more than twelve months. in witnesses, but without mileage. SEC. 16. And be it further enacted, That copies of any record of a provost-marshal or board of enrolment, or of any part thereof, certified by of provost-marthe provost-marshal, or a majority of said board of enrolment, shall be enrolment, to be deemed and taken as evidence in any civil or military court in like man- evidence. ner as the original record: Provided, That if any person shall knowingly certify any false copy or copies of such record, to be used in any civil or military court, he shall be subject to the pains and penalties of perjury. SEC. 17. And be it further enacted, That members of religious denom- Persons coninations, who shall by oath or affirmation declare that they are conscien- scientiously opposed to bearing tiously opposed to the bearing of arms, and who are prohibited from doing arms, &c., if so by the rules and articles of faith and practice of said religious denom- drafted, how to inations, shall, when drafted into the military service, be considered noncombatants, and shall be assigned by the Secretary of War to duty in the hospitals, or to the care of freedmen, or shall pay the sum of three hundred dollars to such person as the Secretary of War shall designate to receive it, to be applied to the benefit of the sick and wounded soldiers: Provided, That no person shall be entitled to the benefit of the provisions Evidence as of this section unless his declaration of conscientious scruples against to conscientious scruples. bearing arms shall be supported by satisfactory evidence that his deportment has been uniformly consistent with such declaration. shal or board of Penalty for falsely certifying record. be treated. SEC. 18. And be it further enacted, That no person of foreign birth Persons of shall, on account of alienage, be exempted from enrolment or draft under foreign birth not to be exempted the provisions of this act, or the act to which it is an amendment, who from enrolment has at any time assumed the rights of a citizen by voting at any election or draft, if they held under authority of the laws of any state or territory, or of the have voted, &c. United States, or who has held any office under such laws or any of them; but the fact that any such person of foreign birth has voted or held, or shall vote or hold, office as aforesaid, shall be taken as conclusive evidence that he is not entitled to exemption from military service on account of alienage. SEC. 19. And be it further enacted, That all claims to exemption shall be verified by the oath or affirmation of the party claiming exemption, to the truth of the facts stated, unless it shall satisfactorily appear to the board of enrolment that such party is for some good and sufficient reason unable to make such oath or affirmation; and the testimony of any other Claims to exemption to be verified by oath, unless, &c. |