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(ACT of April 14th, 1818.) judge advocate, with the pay and emoluments of a topographical engineer, to each division, and one chaplain, stationed at the military academy, at West Point, who shall also be professor of geography, history and ethics, with the pay and emoluments allowed the professor of mathematics; and that the number of post surgeons be increased, not to exceed eight to a division.
96. Sec. III. So much of the act of the twenty-fourth April, one thousand eight hundred and sixteen, aforesaid, as relates to the quartermaster general of division, shall be repealed, and the quartermaster's department shall consist, in addition to the two deputy quartermasters general, and the four assistant deputy quartermasters general, now authorized, of one quartermaster general, with the rank, pay, and emoluments, of a brigadier general, and as many assistant deputy quartermasters general as the president shall deem proper, not exceeding in the whole number, twelve.
97. Sec. v. The pay and emoluments of the inspector generals of divisions, are hereby, raised to be equal to the pay and emoluments of the adjutant generals of division.
98. SEC. VI. As soon as the state of existing contracts for the subsistence of the army shall in the opinion of the president of the United States, permit it, there shall be appointed by the president, by and with the advice and consent of the senate, one commissary general, with the rank, pay, and emoluments, of colonel of ordnance, who shall, before entering on the duties of his office, give bond and security, in such sum as the president may direct, and as many assistants, to be taken from the subalterns of the line, as the service may require, who shall receive twenty dollars per month, in addition to their pay in the line, and who shall, before entering on the duties of their office, give bond and security, in such sums as the president may direct. The commissary general and his assistants shall perform such duties in purchasing and issuing of rations to the army of the United States, as the president may direct.
99. SEC. vii. Supplies for the army, unless, in particular and urgent cases, the secretary of war should otherwise direct, shall be purchased by contract, to be made by the commissary general on public notice, to be delivered on inspection in the bulk and at such places as shall be stipulated; which contract shall be made under such regulations as the secretary of war may direct.
100. SEC. VIII. The president may make such alterations in the component parts of the ration, as a due regard to the health and comfort of the army, and economy may require.
101. Sec. IX. The commissary general and his assistants shall not be concerned, directly or indirectly, in the purchase or sale in trade or commerce of any article entering into the composition of the ration allowed to the troops in the service of the United States, except on account of the United States, nor shall such officer také and apply to his own use any gain or emolument for regulating or
(ACT of April 20th, 1818.) transacting any business connected with the duties of his office, other than what is or may be allowed by law; and the commissary general and his assistants shall be subject to martial law.
Sec. X. All letters to and from the commissary general, which may relate to his official duties, shall be free from postage: Provided, that the sixth, seventh, eighth, ninth, and tenth sections of this act shall continue and be in force for the term of five years from the passing of the same, and thence until the end of the next session of congress, and no longer.
ACT of April 16th, 1818. Pamphlet edit. 89. 102. Sec. 1. Officers of the army who have brevet commissions, shall be entitled to, and receive the pay and emoluments of their brevet rank when on duty, and having a command according to their brevet rank, and at no other time.
Sec. 11. No brevet commission shall hereafter be conferred, but by and with the advice and consent of the senate.
ACT of April 20th, 1818. Pamphlet edit. 135. 103. SEC. 1. Hereafter, the company officers of the corps of artillery, shall consist of one captain, two first lieutenants, and two second lieutenants; and in the corps of light artillery, the company officers shall consist of one captain, one first lieutenant and two second lieutenants; and one of the second lieutenants in each company shall act as a conductor of artillery, as in the case of the corps of artillery, whose duty it shall be to receipt and account for all ammunition, implements and cannon; and for the performance of these services they shall be allowed, each, ten dollars extra
104. Sec. 11. To each regiment of infantry, riflemen, and to each battalion of the corps of artillery, and to the regiment of light artillery, there shall be attached one armorer, with the pay and emoluments allowed to armorers employed by the ordnance department.
105. Sec. II. In all cases during the late war, where an officer or soldier has been delayed the receipt of his pay and emoluments, or any part thereof, by having been transferred from one corps to another, or omitted to be returned on the muster roll, pay roll, or receipt roll, or from any other cause whatever, upon a satisfactory evidence of the justice of such claim, the same shall be adjusted and paid.
ACT of March 20, 1819. Pamphlet edit. 37. 106. SEC. 1. Whenever it shall be found expedient to employ the army at work on fortifications, in surveys, in cutting roads, and other constant labour, of not less than ten days, the noncom
(ACT of September 24th, 1789 ) missioned officers, musicians, and privates so employed, shall be allowed fifteen cents, and an extra gill of whiskey or spirits each, per day, while so employed.
ACT of May 8th, 1820. Pamphlet edit. 70.
107. Sec. 1. The apothecary general and assistant apothecaries general, shall severally give bonds to the United States, with good and sufficient security for the faithful performance of their duties, in such sums, as shall be required by the surgeon general of the army, under the direction of the war department.
Parties allowed to plead &c. by Attorney, 1
to be appointed, Certain powers of Attorney to be valid,
ACT of September 24th, 1789. 2 Bioren, 70. 1. Sec. xxxv. In all the courts of the United States, the parties may plead and manage their own causes personally, or by the assistance of such counsel or attorney at law, as by the rules of the said courts, respectively shall be permitted to manage and conduct causes therein. And there shall be appointed in each district, a meet person learned in the law to act as attorney for the United States in such district, who shall be sworn or affirmed to the faithful execution of his office, whose duty it shall be to prosecute in such district all delinquents for crimes or offences, cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned, except before the supreme court in the district in which that court shall be holden. And he shall receive as a compensation for his services, such fees as shall be taxed therefor in the respective courts before which the suits or prosecutions shall be.
And there shall also be appointed a meet person learned in the law, to act as attorney general for the United States, who shall be sworn or affirmed to a faithful execution of his office, whose duty it shall be to prosecute and conduct all suits in the supreme court in which the United States shall be concerned, and to give his ad. vice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments, touching any matters that may concern
(ACT of May 26th, 1790.) their departments and shall receive such compensation for his services as shall be by law provided.
ACT of March 27th, 1804. 3 Bioren, 618. [Sec. I. Repeals the ninth section of the Act of February 28th, 1803.
Vide Consuls infra. 2. Sec. 11. All powers of attorney for the transfer of any stock of the United States, or for the receipt of interest thereon executed in a foreign country since the thirtieth day of June, one thousand eight hundred and three, shall be valid to all intents and purposes, any provision, in the aforesaid section hereby repealed, to the contrary notwithstanding.
In the supreme court of the United States it was ordered, February 5, 1790, that (until further orders) it shall be requisite to the admission of attornies or counsellors to practice in this court, that they shall have been such for three years past in the supreme courts of the state to which they respectively belong, and that their private and professional character shall appear to be fair.
That counsellors shall not practise as attornies nor attornies as counsellors in this court.
That they shall respectively take the following oath: viz. 'I-do solemnly swear, that I will demean myself (as an attorney or counsellor) of the court uprightly and according to law, and that I will support the constitution of the United States.” [February 7, 1791. An affirmation allowed “in proper cases” instead of the oath,) August 12, 1801 That counsellors may be admitted as attornies in this court on taking the usual oath.
An appearance of a defendant by attorney cures all antecedent irregularity of process. 3. Cranch, 496. If an attorney of the United States reside within one bundred miles of the place of caption of a deposition he must be notified. Notice of taking depositions should always be given to the attorney of record if any, 2 Gallison, 314.
AUTHENTICATION OF RECORDS.
Legislative Acts, Judicial proceedings,
ACT of May 26th, 1790. 2 Bioren, 102. An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each state, shall be authenticated so as to take effect in every other state.
1. Sec. 1. The acts of the legislatures of the several states shall be authenticated by having the seal of their respective states affixed thereto: the records and judicial proceedings of the courts of any (ACT of March 27th, 1804.) state shall be proved or admitted, in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them, in every court within the United States, as they have, by law or usage, in the courts of the state from whence the said records are, or shall be, taken.
ACT of March 27th, 1804. 3 Bioren, 621. An act supplementary to the act entitled” An act to prescribe the mode, fc.
[Supra, 1.] 2. Sec. I. From and after the passage of this act, all records and exemplifications of office books, which are or may be kept in any public office, of any state, not appertaining to a court, shall be proved or admitted in any other court or office in any other state by the attestation of the keeper of the said records or books and the seal of his office thereto annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county or district, as the case may be, in which such office is or may be kept; or of the governor, the secretary of state, the chancellor or the keeper of the great seal of the state, that the said attestation is in due form, and by the proper officer; and the said certificate if given by the presiding justice of a court shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or if the said certificate be given by the governor, the secretary of state, the chancellor or keeper of the great seal, it shall be under the great seal of the state in which the said certificate is made. And the said records and exemplificationis, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
3. SEC. II. All the provisions of this act, and the act to which this is a supplement shall apply as well to the public acts, records, office books, judicial proceedings, courts and offices of the respective territories of the United States, and countries subject to the jurisdiction of the United States as to the public acts, records, office books, judicial proceelings, courts and offices of the several states.
(See Constitution art 4. sec. 1. cl. 1.]