tion. until bond and security. The judge may complains; and thereupon the judge aforesaid may, if is grant an injune- his opinion the case requires it, grant an injunction to stay proceedings on such warrant altogether, or for so much thereof as the nature of the case requires; but no No injunction injunction shall issue till the party applying for the 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 shall the issuing of such injunction in any manner imimpair the lien pair 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 neDamages, if ap- Cessary on the part of the United States; and if, upon plication for the dissolving the injunction, it shall appear to the satisfacmerely for de- tion of the judge who shall decide upon the same, that Injunction not to of the warrant. injunction was lay. Inmetion, &c. 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. SEC. 5. And be it further enacted, That such injunceither in or out tions may be granted or dissolved by such judge, either in or out of court. of court. Persons aggriev judge, may ap SEC. 6. And be it further enacted, That if any person ed by the district shall consider himself aggrieved by the decision of such ply to a judge of judge, either in refusing to issue the injunction, or, if Court, who may granted, on its dissolution, it shall be competent for such the supreme grant relief. Attorneys of the conform to in the agent of the treasury. 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 whatso ever. SEC. 7. And be it further enacted, That the attorneys United States, to of the United States, for the several judicial districts of structions from the United States, in the prosecution of all suits in the 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. term, to forward cases decided. tion to the agent, And it shall, moreover, be the duty of each of the said Attorneys, at the attorneys, immediately after the end of every term of end of every the district and circuit courts, or of any state court, in a statement of which any suit or action may be pending on behalf of &c. and info mathe United States, under the direction of any district. 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. and district days after term, to forward a list decrees entered, showing the SEC. 8. And be it further enacted, That it shall be the Clerks of Circuit duty of the clerks of the district and circuit courts, courts, within 30 within thirty days after the adjournment of each successive term of the said courts, respectively, to forward of judgments and to the said agent of the treasury, a list of all judgments to the agent, and decrees which have been entered in the said courts, amount, &c. respectively, during such term, to which the United States are parties, showing the amount which has been so adjudged or decrced for or against the United States, and stating the term to which execution thereon will be returnable. And it shall, in like manner, be the duty of the marshals of the several judicial districts of the Marshals, within 30 days before United States, within thirty days before the commence- terms, to make ment of the several terms of the said courts, to make returns, to the returns, to the said agent, of the proceedings which ceedings on writs 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. agent, of pro of execution, &c. act to impair medy, under pre SEC. 9. And be it further enacted, That nothing in Nothing in this this act contained shall be construed to take away or im- any right or repair any right or remedy which the United States now have, by law, for the recovery of taxes, debts, or demands. [Approved, May 15, 1820.] ceding laws, for debts, &c. the recovery of CHAPTER CXXII. An act to reduce and fix the military peace establishment of the United States. establishment, 1821. SEC. 1. Be it enacted by the Senate and House of Re-Military peace presentatives of the United States of America in Congress after 1st June, 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, Artillery. Light artillery. A supernumera ordnance duty. ry captain for and seven régiments of infantry, with such officers of engineers, of ordnance, and of the staff, as are hereinafter provided for. SEC. 2. And be it further enacted, That each regiment of artillery shall consist of one colonel, one lieutenant-colonel, one major, one sergeant-major, one quartermaster-sergeant, and nine companies, one of which. shall be designated and equipped as light artillery; and that there shall be attached to each regiment of artillery 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 forty-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 adAdjutant to each jutant, who shall be taken from the subalterns of the line. thfantry. regiment. Engineers re bombardiers. SEC. 3. And be it further enacted, That the corps of tain d-except engineers, (bombardiers excepted,) and the topographical engineers, and their assistants, shall be retained in service as at present organized. Ordnance depart ment merged in the artillery. SEC. 4. And be it further enacted, That the ordnance 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 officers such officers as may be necessary to perform ordnance nance duties, &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 departEnlisted men of ment; and that the number of enlisted men in the ordment reduced. nance department be reduced to fifty-six. to perform ord ordnance depart ral. with two gadiers, with an One major-gene SEC. 5. And be it further enacted, That there shall aids, and two bri- be one major-general, with two aids-de-camp; two briaid each. gadier-generals, each with one aid-de-camp; and that Aids from subal- the aids-de-camp taken from the subalterns of the line, terns 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 two inspectors be one adjutant-general, and two inspectors-general, rank, &c. of co- with the rank, pay, and emoluments, of colonels of ca general, with lonels of cavalry. valry. masters. SEC. 7. And be it further enacted, That there shall A quarters: be one quartermaster-general; that there shall be two ter general. quartermasters, with the rank, pay, and emoluments, of Two quarter. majors of cavalry; and ten assistant quartermasters. Ten assistant who shall, in addition to their pay in the line, receive a quartermasters, sum not less than ten dollars, nor more than twenty dol- pay, lars, per month, to be regulated by the secretary of war. with additional sistence. Assistant com pay. SEC. 8. And be it further enacted, That there shall be a commissaryone commissary general of subsistence; and that there general of subshall be as many assistant commissaries as the service may require, not exceeding fifty, who shall be taken missaries not exceeding fifty, from the subalterns of the line, and shall, in addi- with additional tion to their pay in the line, receive a sum not less than ten, nor more than twenty, dollars per month; and Assistant quar that the assistant quartermasters, and assistant commis- termasters and saries of subsistence, shall be subject to duties in both subject to duties departments, under the orders of the secretary of war. SEC. 9. And be it further enacted, That there shall be a paymaster-geone paymaster general, with the present compensation, and fourteen paymasters, with the pay and emoluments of regimental paymasters; and that there shall be one commisary of purchases, and two military storekeepers, purchases. to be attached to the purchasing department. commissaries in both depart. ments. neral and fourteen paymasters. Commissary of Military storekeepers. A surgeon-gene. SEC. 10. And be it further enacted, That the medical department shall consist of one surgeon general, eight ral. surgeons, with the compensation of regimental sur-Eight surgeons. geons, and forty-five-assistant surgeons, with the com- Forty-five assis» pensation of post surgeons. tant surgeons. except where provision, to be SEC. 11. And be it further enacted, That the officers, Rank, pay, &c. non-commissioned officers, artificers, musicians, and there is special privates, retained by this act, except those specially pro- according to ex vided for, shall have the same rank, pay, and emolu-isting laws. ments, as are provided, in like cases, by existing laws; and that the force authorized and continued in service The force conti nued, subject to under this act, shall be subject to the rules and articles the rules and ar of war. ticles of war. cause the force formed and com vice. SEC. 12. And be it further enacted, That the presi- The president to dent of the United States cause to be arranged the offi- retained to be cers, non-commissioned officers, artificers, musicians, pleted our of the and privates, of the several corps now in the service of corps now in ser the United States, in such manner as to form and complete, out of the same, the force authorized by this act, Supernumerary and cause the supernumerary officers, non-commissioned officers, &c. to officers, artificers, musicians, and privates, to be dis. be discharged. charged from the service of the United States. SEC. 13. And be it further enacted, That there shall Three months be allowed and paid to each commissioned officer who additional to pay the commission. ed officers dis- shall be discharged from the service of the United chance of this "States in pursuance of this act, three months' pay, in addition to the pay and emoluments to which he may be entitled by law at the time of his discharge. act. tions, approved the army, and General regula- SEC. 14. And be it further enacted, That the system and adopted for of "General Regulations for the Army," compiled by the militia when major-general Scott, shall be, and the same is hereby, in the service of approved and adopted for the government of the army of the United States, and of the militia when in the service of the United States. the U. States. The 14th sectio duce and fix the mili ary peace of the act to re establishment, &c. repealed. tions of act of [Approved, March 2, 1821.] CHAPTER CXXIII. An act to repeal the fourteenth section of "An act to reduce and fix the military peace establishment," passed the second day of March, one thousand eight hundred and twenty-one. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the fourteenth section of the act, entitled "An act to reduce and fix the military peace establishment," passed the second day of March, one thousand eight hundred and twenty-one, be, and the same is hereby, repealed. [Approved, May 7, 1822.] CHAPTER CXXIV. An act to continue the present mode of supplying the army of the United States. SEC. 1. Be it enacted by the Senate and House of ReThe 7th, 8th, presentatives of the United States of America in Congress 9th, & 10th see assembled, That the seventh, eighth, ninth, and tenth 14th April, 1818, sections of the act, entitled "An act regulating the staff of the army," passed April fourteenth, eighteen hunyears, and to the dred and eighteen, be, and the same are hereby, contisession of con- nued 'in force for the term of five years, and until the end of the next session of congress thereafter. continued in force for five end of the next gress. [Approved, January 23, 1823.] CHAPTER CXXV. An act concerning the disbursement of public money. SEC. 1. Be it enacted by the Senate and House of Re public money to presentatives of the United States of America in Congress No advance of be made. *This section is repealed by the next succeeding chapter. |