The marshals to pervisors, &c. SEC. 8. And be it further enacted, That the marshals pay fines and their deputies shall pay all such fines by them levied, to the supervisor of the revenue in the district in which they are collected, within two months after they shall have received the same, deducting therefrom five Five per cent. per centum as a compensation for their trouble; and in case of failure, the same shall be recoverable by action of debt or information, in any court of the United States, of the district in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted, and recovered, in the name of the supervisor of the district, with interest and costs. compensation to the marshal. The marshals fai ing to pay over, may be sued, &c. Marshals, in execuring the laws of the United States, empower SEC. 9. And be it further enacted, That the marshals of the several districts, and their deputies, shall have ed as sheriffs, &c. the same powers, in executing the laws of the United States, as sheriffs and their deputies, in the several states, have by law in executing the laws of the respective states. The act mentioned, repealed, SEC. 10. And be it further enacted, That the act, entitled "An act to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions," passed the second day of May, one thousand seven hundred and ninety-two, shall be, and the same is hereby, repealed. [Approved, February 28, 1795.] 30.000 stand of arms to pro ments, &c. CHAPTER IV. An act providing arms for the militia throughout the United States.* SEC. 1. Be it enacted by the Senate and House of Revided, for sale to presentatives of the United States of America in Congress the state govern-assembled, That there shall be provided, at the charge and expense of the government of the United States, thirty thousand stand of arms, which shall be deposited, by order of the president of the United States, at suitable places, for the purpose of being sold to the governments of the respective states, or the militia thereof, under such regulations, and at such prices, as the president of the United States shall prescribe. Arms remaining unsold may be SEC. 2. And be it further enacted, That the president desiv red to the of the United States be, and he is hereby, authorized to ause all or any part of the arms herein directed to be provided and deposited for sale, which shall, at any mili ia when call ed into service, &c. *See act of 23d April, 1808, chapter 56. time, remain unsold, to be delivered to the militia, when called into the service of the United States, proper receipts and security being given for the return of the same. SEC. 3. And be it further enacted, That the moneys Amount of sales arising from such sales shall be paid into the treasury the treasury, &c. to be paid into of the United Stases, and the amount received shall be annually reported to congress. 400 000 dolis for this act. SEC. 4 And be it further enacted, That, for the pur- Appropriation of pose of carrying this act into effect, the president of the the purposes of United States shall be, and he is hereby, authorized to draw from the treasury of the United States a sum not exceeding four hundred thousand dollars, to be paid out of any money in the treasury not otherwise appropriated. [Approved, July 6, 1798.] CHAPTER V. An act in addition to an act, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States." neral of the mili to make return, SEC. 1. Be it enacted by the Senate and House of Re- The adjutant-gepresentatives of the United States of America in Congress tia in each state, assembled, That it shall be the duty of the adjutant-ge- to the president neral of the militia, in each state, to make return of the annually, &c. militia of the state to which he belongs, with their arms, accoutrements, and ammunition, agreeably to the directions of the act to which this is an addition, to the president of the United States, annually, on or before the first Monday in January, in each year: and it shall be the duty of the secretary of war, from time to time, to The secretary of give such directions to the adjutant-generals of the mi-rections to the adjutant-gene litia, as shall, in his opinion, be necessary to produce rals, &c. and lay an uniformity in the said returns, and he shall lay an fore congress, anabstract of the same before congress, on or before the nually. first Monday of February, annually. war to give di an abstract be Citizens duly en litia, to be con after being noti. SEC. 2. And be it further enacted, That, every citi-rolled in the nuizen duly enrolled in the militia, shall be constantly pro- stantly provided vided with arms, accoutrements, and ammunition, agree- with arms, &c. ably to the direction of the said act, from and after he fied, &c. shall be duly notified of his enrolment; and any notice Notice to muster, or warning to the citizens so enrolled, to attend a com- laws of a state, pany, battalion, or regimental muster, or training, gal notice of enwhich shall be according to the laws of the state in rolment. *For original act, see chapter 1, appendix. according to the &c. deemed a le Quartermasters which it is given for that purpose, shall be deemed a legal notice of his enrolment. SEC. 3. And be it further enacted, That, in addition and chaplains to to the officers provided for by the said act, there shall the militia, &c. be, to the militia of each state, one quartermaster general, to each brigade one quartermaster of brigade, and to each regiment one chaplain. [Approved, March 2, 1803.] ines imposed by courts-martial CHAPTER VI. An act supplementary to an act, entitled "An act to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions, and to repeal the act now in force for those purposes," and to increase the pay of volunteer and militia corps.* SEC. 1. Be it enacted by the Senate and House of ReDe certified to the presentatives of the United States of America in Congress Comptroller of assembled, That, in every case in which a court-martial the treasury, &c. shall have adjudged and determined a fine against any officer, non-commissioned officer, musician, or private, of the militia, for any of the causes specified in the act to which this act is a supplement, or in the fourth section of an act, entitled "An act to authorize a detachment from the militia of the United States,"† all such fines, so assessed, shall be certified to the comptroller of the treasury of the United States, in the same manner as the act to which this act is a supplement directed the same to be certified to the supervisor of the revenue. SEC. 2. And be it further enacted, That the marshals months after col-shall pay all fines which have been levied and collected lection, into the by them, or their respective deputies, under the authoing five per cent. rity of the acts herein referred to, into the treasury of Marshals to pay fines, within two treasury, deduct the United States, within two months after they shall have received the same, deducting five per centum for their own trouble; and in case of failure, it shall be the duty of the comptroller of the treasury to give notice to the district attorney of the United States, who shall proceed against the said marshal in the district court, by attachment, for the recovery of the same. *For original act, see chapter 3, appendix. †The act here referred to, is not comprised in this selection, it having been determined, from their special character, to exclude the acts authorizing de achments from the militia. The section quoted, does not specify any additional cause of tine, but merely declares the detachment to which it relates, subject to the penalties of the "Act for calling forth the militia, &c." which constitutes chapter 3 of this appendix. cians, and pri teer and militia the same month as those of the SEC. S. And be it further enacted, That the non-com- Non-commission missioned officers, musicians, and privates, of volunteer ed officers, musi and militia corps, who, subsequent to the thirty-first vates, of volunday of December, one thousand eight hundred and corps, entitled to twelve, shall have been, or may hereafter be, called out, ly pay, rations, while in the service of the United States shall, during and forage, &c. the continuance of the present war between the United army of the U. S. during, &c. Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America, and their territories, be entitled to and receive the same montbly pay, rations, and forage, and furnished with the same camp equipage, as are or may be provided by law for the non-commissioned officers, musicians, and privates, of the army of the United States. [Approved, February 2, 1813.] CHAPTER VII. An act in further addition to an act, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States."* SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress In addition to the officers of the mi to be a division inspector, and specified, &c. other officers, as assembled. That, in addition to the officers of the mili- litia provided for by the acts men. tia provided for by the act, entitled "An act more effec- tioned, there is tually to provide for the national defence, by establishing an uniform militia throughout the United States," approved May the eighth, one thousand seven hundred and ninety two, and by an act in addition to the said recited act, approved March the second, one thousand eight hundred and three, there shall be, to each division, one division inspector, with the rank of lieutenant-colonel, and one division quartermaster, with the rank of major; to each brigade, one aid de-camp, with the rank of captain; and the quartermasters of brigade, heretofore provided for by law, shall have the rank of captain. And it shall be incumbent on the said officers to do and perform all the duties which, by law and military prineiples, are attached to their offices, respectively. [Approved, April 18, 1814.] CHAPTER VIII. An act concerning field officers of the militia. SEC. 1. Be it enacted by the Senate and House of Re One colonel, one presentatives of the United States of America in Congress lieutenant-colo nel, and one ma” *For original act, see chapter 1, appendix. †See chapter 5, appendix. ment of militia jor, to each regi- assembled, That, from and after the first day of May consisting of two next, instead of one lieutenant-colonel commandant to stead, &e, after each regiment, and one major to each battalion, of the 1st of May, militia, as is provided by the act, entitled "An act more battalions, in 1816. talion, a major is * effectually to provide for the national defence, by establishing an uniform militia throughout the United States," approved May the eighth, one thousand seven hundred and ninety-two, there shall be one colonel, one lieutenant-colonel, and one major, to each regiment If only one bat of the militia consisting of two battalions. Where there shall be only one battalion, it shall be commanded Proviso; nothing by a major: Provided, That nothing contained herein any commission shall be construed to annul any commission in the militia which may be in force, as granted by authority of any state or territory, in pursuance of the act herein recited, and bearing date prior to the said first day of May next. to command. herein to annul in force, &c. [Approved, April 20, 1816.] Expenses incur CHAPTER IX. red by marching An act to defray the expenses of the militia when marching to places of militia to places of rendezvous, upon the president's requisition or calls of state authorities ap same manner as red after arrival. rendezvous. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress proved by him, assembled, That the expenses incurred, or to be into be adjusted and paid in the curred, by marching the militia of any state or territory expenses incur of the United States to their places of rendezvous, in pursuance of a requisition of the president of the United States, or which shall have been, or may be, incurred in cases of calls made by the authority of any state or territory, which shall have been, or may be, approved Proviso; no spe- by him, shall be adjusted and paid in like manner as the ture authorized expenses incurred after their arrival at such places of rival, not provid- rendezvous, on the requisition of the president of the ed to be paid for United States: Provided, That nothing herein contained cies of expendi previously to ar after arrival. shall be considered as authorizing any species of expenditure, previous to arriving at the place of rendezvous, which is not provided by existing laws to be paid for after their arrival at such place of rendezvous. [Approved, April 20, 1818.] See chapter 1, appendix. |