Imagens das páginas

a valid title against all persons claiming under surh delinquent officer, or his surety or sureties. And all mo- Remainder of ncys which may remain of the proceeds of such sales. S^y^i^" after satisfying the said warrant of distress, and paying ]£!?£ j^ the reasonable costs and charges of the sale, shall be,urn«l ,"dilinreturned to such delinquent officer or surety, as the caseSSs. "" °* may he: Provided, That the summary, process herein provi»; «umma. directed shall not affect any surety of any officer of the JS^^K United States who became bound to the United Statesft*eth»«ct. before the passing of this act; but each and every such officer shall, on or before the thirtieth day of Septem-ofm^togive ber next, give new and sufficient sureties for the per- {5^,3J^^ formancc of the duties required of such officer. "^

Sec. 3. And be it further enacted, That, from and after After 304 sept. the thirtieth day of September next, if any officer em- ptoyrf'STdUTM" ployed, or who has heretofore been employed, in the J^^'dTM" civil, military, or naval departments of the government, ijnquent, in ren

7 i- 1 .1 if . . ,°, .. deling account

to disburse the public money appropriated for the ser- or paying over, vice of those departments, respectively, shall fail to ^ona'coSp^ render his accounts, or to pay o%*, in the manner, and ^le^rt,!y"f„e in the times, required by law, or the regulations of theai,:oun'»-,aDd*c

*" x x 1 • L 1 • iii agent ot the trea

department to which he is accountable, any sum of «ury to proceed money remaining in the hands of such officer, it shall *?rraM*'dLbr be the duty of the first or second comptroller of thelre*'k0treasury, as the case may be, who shall be charged with the revision of the accounts of such officer, to cause to be stated and certified, the account of such delinquent officer, to the agent of the treasury, who is hereby authorized and required immediately to proceed against luch delinquent officer, in the manner directed in the preceding section, all the provisions of which are hereby declared to be applicable to every officer of the government charged with the disbursement of the public money, and to their sureties, in the same manner, and to the ■atnc extent, as if they had been described and enumerated in the said section: Provided, nevertheless, That Provi»; the the said agent of the treasury, with the approbation of pSiTM*^!* the secretary of the treasury, in cases arising under^"^nJ,*6 this or the preceding section, may postpone, for a rea- P^p"1* i>r°sonable time, the institution of the proceedings required p' by this act, where, in his opinion, the public interest will sustain no injury by such postponement.

Sec. 4. And be it further enacted, That if any per- ram ag«ieT31111 should consider himself aggrieved by any warrantbfuTMyci,mJSn,t. issued under this act, he may prefer a bill of compIaintjJa^di^ct to any district judge of the United States, setting forth therein the nature and extent of the injury of which he

The judge ma; mm plains: anil thereupon thejudge aforesaid may, if is ^""'"'•''"""his opinion the case requires it, grant an injunction to stay proceedings on such warrant altogether, or for so murh thereof as the nature of the case requires; but no xoinjunction injunction shall issue till the party applying for the KI"uli^Ild'md same shall give bond and sufficient security, conditioned for the performance of such judgment as shall be awarded against the complainant, in such amount as the judge granting the injunction shall prescribe; nor injunctiont»ttoR',a" tuc issuing of such injunction in any manner imimpah- iht Hra i,air the lien produced by the issuing of such warrant. And the same proceedings shall be had on such injunction as in other cases, except that no answer shall be neDomngei. if«p-«"essary on the part of the United States; and if, upon »!'Li.''itonftLihr,'i9SO'v'nS the injunction, it shall appear to the satisfacnitrriy for de- tion of the juilge who shall decide upon the same, that the application for the injunction was merely for delay, in addition to the lawful interest which shall be assessed on all sums which may be found due against the complainant, the said judge is hereby authorized to add such damages as that, with the lawful interest, it shall not exceed the rate of ten per centum per annum on the principal sum. iuj.mctioTi. it,.. Sec. 5. And be it further enacted, That such injuncof ra'un!orout tions may be granted or dissolved by such judge, either

in or out of court. pmom aB?rieT- Sec. 6. And be it further enacted, That if any person j^i'may."^8"3'! consider himself aggrieved by the decision of such i.i)toa judge or ju(]g(> either in refusing to issue the injunction, or, if

U* supreme . , , ,, . p . , n . J «

fourt.who may granted, on its dissolution, it shall be competent tor such sm"rerc' person to lay a copy of the proceedings had before the district judge before a judge of the supreme court, to whom authority is hereby given either to grant the injunction or permit an appeal, as the case may be, if, in the opinion of such judge of the supreme court, the equity of the case requires it; and thereupon the same proceedings shall be had upon such injunction in the circuit court, as are prescribed in the district court, and subject to the same conditions in all respects whatsoever. AttornTM of the Sec. 7. And be it further enacted, That the attorneys einfor^'toTn-10 of the United States, for the several judicial districts of structions from the United States, in the prosecution of all suits in the 'rrawy. ° "same, in the name and for the benefit of the United States, shall conform to such directions and instructions, touching the same, as shall, from time to time, be given to them, respectively, by the said agent of the treasury. And it shall, moreover, be the duty of carh of the said A,toni<7S. „ tbe attorneys, immediately after the end of every term off1 of "■T"? .

,.../ *'. term, to forward

the district and circuit courts, or of any state court, in« mtraemt>f which any suit or action may be pending on behalf of&cTandinf-in.. the United States, under the direction of any district,r!:toa'easent' attorney, to forward to the said agent of the treasury a statement of the cases which have been decided during the said term, together with such information touching such cases as may not have been decided, as may be required by the said officer.

Sec. 8. And be it further enacted. That it shall be thecierinofcireuu duty of the clerks of the district and circuit courts.cwthwUMnw within thirty days after the adjournment of each sue - S^aiM TiSe cessive term of the said courts, respective!v, to forward ,:fJu'1Kminl!"?d

. . _ '■ » * deem, enit'i-eo,

to the said agent ot the treasury, a list of all judgments t» >iw »gTMt, and decrees which have been entered in the said courts, 'am^u'm, L! respectively, during such term, to which the United States are parties, showing the amount which has been so adjudged or decreed for or against the United States, and stating the term to which execution thereon will he returnable. And it shall, in like manner, be the duly of the marshals of the several judicial districts of the Marshal,, wiihin United States, within thirty davs before the commence- terra..!?omate incut of the several terms of the said courts, to make ^"i!t,'!or°p'^ returns, to the said agent, of the proceedings which J^'s^*'^ have taken place upon all writs of execution or other process which have been placed in his hands for the collection of the money which has been so adjudged and decreed to the United States in the said courts respectively.

Sec. 9. And be it further enacted, That nothing in ^"f^jj" this act contained shall be construed to take away or im-»»right «•«■ pair any right or remedy which the United States now ceding ia»», for have, by law, for the recovery of taxes, debts, or de- debC&cT3' ° mauds. [Approved, May 15, 1820]


An act to reduce and fix the military peace establishment of the United


Sec. 1. Be it enacted by the Senate and House of Re-TMTM*gv££ presentatives of the United States of America in Congress «**« i« W, assembled. That, from and after the first day of June next, the military peace establishment of the United States shall be composed of four regiments of artillery,

and seven regiments of infantry, with such officers of engineers, of ordnance, and of the staff, as are hereinafter provided for. ,|n Sec. 2. And be it further enacted, That each regi

ment of artillery shall consist of one colonel, one lieutenant-colonel, one major, one sergeant-major, one quartermaster-sergeant, and nine companies, one of which. tiuht .rtiiiery. shall be designated and equipped as light artillery; and *, ca£a7n"fw*"tnat tliere s,ia" De attached to each regiment of artillery wdmuiwduty. one supernumerary captain to perform ordnance duty; and that each company shall consist of one captain, two first lieutenants, two second lieutenants, four sergeants, four corporals, three artificers, two musicians, and forttfantry. ty-two privates. That each regiment of infantry shall consist of one colonel, one lieutenant-colonel; one major, one sergeant-major, one quartermaster-sergeant, two principal musicians, and ten companies; each of which shall consist of one captain, one first lieutenant, one second lieutenant, three sergeants, four corporals, two musicians, and forty-two privates; and that to each regiment of artillery and infantry there shall be one adA<iiuunttonch jutant, who shall be taken from the subalterns of the

regimem. Jj^

EiiRi.ieer. re- Sec. 3. And be it further enacted. That the corps of iwmtardfcr?' engineers, (bombardiers excepted,) and the topographical engineers, and their assistants, shall be retained in service as at present organized, ordnance depart- Sec. 4. And be it further etiacted, That the ordnance STiSK* department shall be merged in the artillery; and that the president*of the United States be, and he is hereby, authorized to select, from the regiments of artillery, Artillery officer, such officers as may he necessary to perform ordnance MuceSw.'&c.duties, who, while so detached, shall receive the pay and emoluments now received by ordnance officers, and shall be subject only to the orders of the war departEniuted men of ment; and that the number of enlisted men in the ordm^Mreduced?11'nance department be reduced to fifty-six. one major-gene Sec. 5. And be it further enacted, That there shall

rai. with two . . i -^ , . ■ ■ ...

aids.andtwobri-be one major-general, with two aids-de-camp; two briSTddEYch.wllhan gadier-generais, each with one aid-de-camp; and that taifof'?h'ui',aN''ie a'ds-de-camp taken from the subalterns of the line, ""''and, in addition to their duties, shall perform the duties of assistant adjutant-general, one adjutant and Sec. 6. And be it further enacted, That there shall £nerdTwiT" be one adjutant-general, and two inspectors-general, iwbrf«£witn tae rank, pay, and emoluments, of colonels of cavalry.

□ . 7. And be it further enacted, That there shall A quaremfc. e quartermaster-general; that there shall be twnter8c"eral' :ermasters, with the rank, pay, and emoluments, of JJS^""" rs of cavalry; and ten assistant quartermasters. Ten ,„;„.„. shall, in addition to their pay in the line, receive a qnamrmastert,

, , * , ... * J ,. ,,i with additional

not lefss than ten dollars, nor more than twenty dol- pay, i per month, to be regulated by the secretary of war. ic. 8. Jind he it further enaeted, That there shall be A commissarycommissary general of subsistence; and that there K5«.0< JUb \ be as many assistant commissaries as the service Assistan, «,„,. 'require, not exceeding fifty, who shall be takenTM"jjns■ JJJ^ n the subalterns of the line, and shall, in add i-wi'i> additional' i to their pay in the line, receive a sum not lesspay" n ten, nor more than twenty, dollars per month; and Asristont quar. t the assistant quartermasters, and assistant commis-<erma«er»and • ies of subsistence, shall be subject to duties in both •ubjret'wdutia lartments, under the orders of the secretary of war. i*dl'pa"" Sec. 9. And be it further enacted, That there shall be A Paymaster-ge? paymaster general, with the present compensation, rS'^yiaSSi. il fourteen paymasters, with the pay and emoluments regimental paymasters; and that there shall be one Comim8sary of mmisary of purchases, and two military storekeepers, purines. be attached to the purchasing department. k^l^S"0TM"

Sec. 10. And be it further enacted, That the medical Asurgeon-gem> partment shall consist of one surgeon general, eight r* irgeons, with the compensation of regimental sur- Egin surgeons. »ons, and forty-five-assistant surgeons, with the com- Forty-ere aim

« * . ■"* taut surgeons.

jnsation ot post surgeons. Sec. 11. And be it further enacted, That the officers. Rank, pay, &c on-commissioned officers, artificers, musicians, and thmWIperiai n-ivates, retained by this act, except those specially pro-JTM^TM'^^, ided for, shall have the same rank, pay, and emolu-isti»s "»«• nents, as are provided, in like cases, by existing laws; ind that the force authorized and continued in serviceTheforce conti. mder this act, shall be subject to the rules and articlesIh" ruiTMSS, afwar. * . tki»rfw„.

Sec. 12. And be it further enacted, That the presi-TI"'Pt8ldjnt«»

-,»..».,.., £.. 1 . i , «. cause the force

dent ot the United states cause to be arranged the offi- retam«i i«ie

l n* ,< f • • formed and com*

cers, non-commissioned olhcers, artificers, musicians, Pirted out of .h« and privates, of the several corps now in the service 0fcr?cr|"nuw<"««' the United States, in such manner as to form and complete, out of the same, the force authorized by this act,

1 , ., «. i Supernumerary

and cause the supernumerary officers, non-commissioned officer., &c. u officers, artificers, mdficians, and privates, to be dig.1* Charged, charged from the service of the United States.

Sec. 13. And be it further enacted, That there shall Three monks' lie allowed and paid to each commissioned officer who gp wmroMc*!"

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