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A deduction of

payment when

11. That a deduction, at the rate of eight per centum, shall 8 per cent, on be made from the duty payable for a license to distil spirituous the license is liquors, on the payment thereof at the time of obtaining the same, whether the same be payable on a credit or not, according to the provisions of this act.

obtained.

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Distillers, &c.

may sell, by

retail, any

12. That, in future, it shall be lawful for the distiller or distillers of domestic spirits, and all persons from whose materials quantity not such spirits shall be distilled, to sell without a license, by retail, gallon, without any quantity thereof, not less than one gallon.

less than a

a license.

der this act to

the provisions of the act of

2d of August,

13. That the several provisions of "An act making further The duties un- provision for the collection of internal duties, and for the apbe collected pointment and compensation of assessors," passed on the second according to day of August, one thousand eight hundred and thirteen, shall, and are hereby declared to, apply in full force to the duties laid by, and to be collected under, this act, the same as if such duties and this act were recognized therein; which said duties shall be collected by the same collectors, in the same manner, for the same commissions, and under the same directions, as are thereby established in relation to the other internal duties: and all the obligations, duties, and penalties, thereby imposed upon collectors, are hereby imposed upon the collectors of the duties laid by

1813. Vol.ii. p. 1379.

cute for

recovery.

ties, &c. to be

by bill, &c.

this act.

Collectors to 14. That it shall be the duty of the collectors aforesaid, in collect the du- their respective districts, and they are hereby authorized, to colties and proselect the duties imposed by this act, and to prosecute for the recovery of the same, and for the recovery of any sum or sums Fines, penal- which may be forfeited by virtue of this act. And all fines, recovered in penalties, and forfeitures, which shall be incurred by force of the name of this act, shall and may be sued for and recovered in the name of the U. States, the United States, by bill, plaint, information, or action of debt; A moiety to one moiety thereof to the use of the United States, and the the officer who other moiety thereof to the use of the person who, if a collector, shall first discover, if other than a collector, shall first inform, of the cause, matter, or thing, whereby any such fine, penalty, or forfeiture, shall have been incurred, unless the breach of this act, for which such fine, penalty, or forfeiture, may be incurred, cannot be established without the testimony of such collector or other informant, in which case the whole of such fine, penalty, or forfeiture, shall be to the use of the United States. [Approved, April 19, 1816.]

discovers, or the person'

who informs,

&c. unless, &c.

Obsolete.
Vol. ii. p.1405.

Persons

claiming un

allowed until

CHAP. 63. An act further supplementary to the act, entitled "An act providing for the in demnification of certain claimants of public lands in the Mississippi territory."

1. Be it enacted, &c. That every person or persons claiming der the act of public lands in the Mississippi territory, under the act, or preGeorgia, &c. tended act, of the state of Georgia, passed January the seventh, the first Mon- one thousand seven hundred and ninety-five, who have not duly day of March, released their claims to the United States, so as to entitle them 1817, to file their releases. to the indemnification provided by the act of congress, passed Vol. ii. p.1405. the thirty-first day of March, one thousand eight hundred and 1484. 1520. fourteen, entitled "An act providing for the indemnification of certain claimants of public lands in the Mississippi territory,"

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and the acts supplementary thereto, shall be allowed further time to execute and file, with the commissioners appointed to decide on such claims, good and sufficient legal releases of their claim, as by said acts are required, until the first Monday of March next. And the commissioners aforesaid are hereby authorized and empowered to decide on such claims, and to adjudge to every such claimant or claimants the proportion of indemnification to which he or they may be respectively entitled.

ers authorized,

2. That the commissioners aforesaid shall be, and they are Commissionhereby, authorized, in all cases where they shall direct suits to c. to trans be commenced for the recovery of money fraudulently with- mit original drawn from the treasury of Georgia, to transmit to the counsel papers to the or attorney appointed to institute and conduct such suits or torney. prosecutions, all original papers or documents in their possession, that may furnish evidence to sustain the same.

counsel or at

ers and secre

$3. That there shall be allowed and paid, out of the treasury 1,000 do!ls. to of the United States, to each of the said commissioners and commissiontheir secretary, the further sum of one thousand dollars, as a com- tary, for addipensation for the additional services required by this act. [Approved, April 20, 1816.]

CHAP. 64. An act concerning field officers of the militia.

tional services.

colonel, and

of militia ccn

Vol. i. 252.

P.

§ 1. Be it enacted, &c. That, from and after the first day of One colonel, May next, instead of one lieutenant colonel commandant to each one lieutenant regiment, and one major to each battalion, of the militia, as is pro- one major, to vided by the act, entitled "An act more effectually to provide for each regiment the national defence, by establishing an uniform militia through- sisting of two out the United States," approved May the eighth, one thousand battalions, seven hundred and ninety-two, there shall be one colonel, one lieutenant colonel, and one major, to each regiment of the militalion, a major tia consisting of two battalions. Where there shall be only one If only one bat battalion, it shall be commanded by a major: Provided, That no- is to command. thing contained herein shall be construed to annul any commis- Proviso; nothsion in the militia which may be in force, as granted by authority ing herein to of any state or territory, in pursuance of the act herein recited, commission in and bearing date prior to the said first day of May next. [Approved, April 20, 1816.]

annul any

force.

CHAP. 68. An act to increase the pensions of invalids in certain cases; for the relief of in- Vol. iii. p. valids of the militia; and for the appointment of pension agents in those states where there 1743. is no commissioner of loans.

ranks named, now on the

are to receive,

pension roll,

1816, &c.

1. Be it enacted, &c. That all persons of the ranks hereinaf- Persons of the ter named, who are now on the military pension roll of the United States, shall, from and after the passage of this act, be entitled to, and receive, for disabilities of the highest degree, the follow- after the ing sums, in lieu of those to which they are now entitled, to wit: 24th of April, a first lieutenant, seventeen dollars; a second lieutenant, fifteen dollars; a third lieutenant, fourteen dollars; an ensign, thirteen dollars; and a noncommissioned officer, musician, or private, bilities, &c. eight dollars, per month: and for disabilities of a degree less For less disathan the highest, a sum proportionably less. after placed on 2. That all persons of the aforesaid ranks, who may hereaf- Persons hereter be placed on the military pension roll of the United States, the military shall, according to their ranks and degrees of disabilities, be pla- pension roll, VOL. III.

178

&c.

Proviso; nothing herein

to lessen a

higher pen

sion.

ced on at the aforesaid rates of pensions, in lieu of those heretofore established: Provided, That nothing herein contained shall be construed to lessen the pension of any person who, by special provision, is entitled to a higher pension than is herein provided. 3. That all laws and regulations, relating to the admission Officers and of the officers and soldiers of the regular army to be placed on soldiers of the the pension roll of the United States, shall, and they are hereby in service, &c. declared to, relate equally to the officers and soldiers of the militia, whilst in the service of the United States.

militia, whilst

proper persons in states and territo

The secretary 4. That the secretary for the department of war be, and he ed to appoint is hereby, authorized and required to appoint some fit and proper person in those states and territories where there is no commissioner of loans, and also in the district of Maine, to perform the duties in those states and territories, and in said district, respectively, relating to pensions and pensioners, which are now required of said commissioners in their respective states. [Approved, April 24, 1816.]

ries.

Vol. ii. p. 1311. 1497. Act of 1818,

ch. 56. act of 1821, ch. 151. Provisions of

Vol. iii. p. 1671. 1706. 1809. 1852.

CHAP. 69. An act for organizing the general staff, and making further provision for the army of the United States.

§ 1. Be it enacted, &c. That, in addition to the act providing the act of 3d for a military peace establishment, the provisions of the act of March, 1813. March third, one thousand eight hundred and thirteen, for the better organization of the general staff, be, and the same are hereby, so far established, that the general staff shall, in future, consist of one adjutant and inspector general of the army, and one adjutant general, one inspector general, three topographical engineers, and one quartermaster general, with one deputy quartergeneral allow master general to a division; and an assistant of each to every brigade, which shall supersede the brigade quartermasters and inspectors now existing; and that the apothecary general, as heretofore authorized, be allowed two assistant apothecaries.

ed two assistants.

Vol. iii. p. 1779.

Medical staff extended.

Three judge advocates to

a division.

Vol. iii. p. 1671.

Pay depart

ment to con

ral.

masters to the

lery.

2. That the medical staff shall be so extended, that there shall be four hospital surgeons and eight hospital surgeon's mates, to each division, with as many post surgeons as the service may require, not exceeding twelve to each division; who shall receive the same pay and emoluments as hospital surgeons' mates; and that there be three judge advocates to each division, and one chaplain to each brigade of the army, who shall receive the pay and emoluments of major, as heretofore allowed.

3. That the pay department shall consist of one paymaster sist of a pay-general of the army with the annual salary of two thousand five master gene- hundred dollars; and that, in addition to regimental paymasters, there be appointed one paymaster to each battalion of the corps Battalion pay- of artillery, who, as well as the regimental paymasters, in addicorps of artil- tion to the regular and punctual payment of their respective regiments or corps, shall discharge the duties of district paymasters, within such district as shall, from time to time, be assigned them by the paymaster general, under the direction of the secretary of war: Provided, That regimental and battalion paymasters may be taken either from the subalterns of the army or paymasters. citizens, and appointed by the president of the United States: Proviso; pay- Provided also, That regimental and battalion paymasters shall re

Proviso; the

president to appoint the

masters to re

and emolu

ceive the pay and emoluments of major, and shall each be allow-ceive the pay ed a capable noncommissioned officer as clerk, who, while so employed, shall receive double pay, and the actual expense of major. transportation while travelling under orders in the discharge of his duty.

pay all the re

Correct re

in two months,

§ 4. That it shall be the duty of the regimental and battalion Paymasters to paymasters to pay all the regular troops; and, to ensure punctu- gular troops. ality and responsibility, correct reports shall be made to the pay-ports to the master general once in two months, showing the disposition of paymaster the funds previously transmitted, with accurate estimates for the general, once next payment of such regiment, garrison, or department, as may &c. have been assigned to each; and whenever any paymaster shall Paymasters fail to transmit such estimate, or neglect to render his vouchers ringto to the paymaster general for settlement of his accounts, more mate, or negthan six months after receiving funds, he shall be recalled and der vouchers, lecting to renanother appointed in his place.

transmit esti

&c.

department to

5. That the purchasing department shall consist of one com- Purchasing missary general of purchases, as heretofore authorized, with the consist of a annual salary of three thousand dollars, and one deputy commis- commissary general. sary to each division, with the annual salary of two thousand dol- A deputy comlars, and six assistant commissaries of issues, with the annual missary to salary of one thousand three hundred dollars, and as many military storekeepers as the service may require, whose salaries shall commissaries be regulated by the secretary of war, according to the duty they of issues, &c. Military may perform: Provided, That the pay and emoluments shall not storekeepers, exceed that of a captain of infantry.

each division. Six assistant

&c.

partments, to

the rules and

Proviso; offi

cers of the

pay, &c. to

be submitted to the senate.

6. That all officers of the pay, commissary, and quartermas- Officers of the ter's, department, shall, previous to their entering on the duties pay, &c. de of their respective offices, give good and sufficient bonds to the give bonds. United States, fully to account for all moneys and public property which they may receive, in such sums as the secretary of Paymasters, war shall direct. And all paymasters, commissaries, and store- &c. subject to keepers, shall be subject to the rules and articles of war, in the articles of same manner as commissioned officers: Provided also, That all war. officers of the pay and commissary's departments be submitted to the senate for their confirmation, in the same manner as the officers of the army. 7. That the president of the United States be, and he here- The president by is, authorized to prescribe the quantity and kind of clothing to prescribe the quantity to be issued annually to the troops of the United States. Pro- and kind of vided, That whenever more than the authorized quantity is re- clothing. Proviso; when quired, the value of the extra articles shall be deducted from the more than the soldiers' pay; and, in like manner, the soldiers shall receive pay quantity of according to the annual estimated value for such authorized ar- clothing is reticles of uniform as shall not have been issued to him in each quired, &c. year. Provided also, That the manner of issuing and accounting for clothing, shall be established in the general regulations of suing clothing, the war department. 8. That in all cases where a soldier of the regular army Where a solshall have been discharged from the service of the United States, discharged, and clothing shall be due to said soldier, it shall be the duty of the paymaster general to cause the same to be paid for, according to the price paid in the seventh section of this act.

authorized

Proviso; the manner of is

&c.

dier has been

and there is clothing due to him, &c.

Officers of the

staff are to re

Vol. ii. p. 1311.

9. That the several officers of the staff shall, respectively, ceive pay, &c. receive the pay and emoluments, and retain all the privileges, secured to the staff of the army, by the act of March third, one Regulations in thousand eight hundred and thirteen, and not incompatible with force prior to the provisions of this act: and that the regulations in force before the reduction of the army, be recognised, as far as the same shall be found applicable to the service; subject, however, to such alterations as the secretary of war may adopt, with the approbation of the president.

the reduction

of the army

recognised,

&c.

Officers of the

staff enume

rated in this

act, to be recognised, &c.

line or citizens.

Ordnance de

tinued.

$10. That the officers of the staff, provisionally retained by the president, and in this act enumerated and made permanent, be recognised in service under this act, and that the garrison surgeons and mates be hereafter considered as post surgeons; and hereafter the staff of the army máy be taken from the line of the army, or from citizens.

11. That the ordnance department be continued, as at prepartment con- sent organized under the act of February eighth, one thousand Ordnance offi- eight hundred and fifteen, and that ordnance officers be assigned cers to be as- to their duties with the staff of the army, in the same manner as

signed to du

tjes, &c.

Eight dolls.

Proviso; nei

ther forage nor money,

but company officers to

from the corps of engineers.

§ 12. That when forage is not drawn in kind by officers of per month for the army entitled thereto, eight dollars per month, for each forage. horse, not exceeding the number authorized by existing regulations, shall be allowed in lieu thereof: Provided, That neither except, &c. forage nor money shall be drawn by officers, but for horses actuProviso; none ally kept by them in service Provided also, That none, except company officers, shall be allowed to take as servants or waiters soldiers of the army; and that all officers be allowed, for each private servant actually kept in service, not exceeding the number authorized by existing reglations, the pay, rations, and clothing, of a private soldier, or money in lieu thereof, on a certificate, setting forth the name and description of the servant or tion to subal- servants, in the pay account: Provided also, That one additional ration be allowed to all subalterns officers of the army. Approved, April 24, 1816.]

take soldiers Pay, &c. of

for servants.

a soldier for each private

servant. Proviso; an additional ra

terns of the

army.

Entry may be made of for

eign ships or vessels, and their cargoes,

CHAP. 71. An act concerning the entry of vessels at the ports of Middletown and Plymouth. 1. Be it enacted, &c. That it shall be lawful to make entry of foreign ships or vessels, and of cargoes which may be on board the same, and to unlade such cargoes, respectively, or any which may be part thereof, at the port of Middletown, in the state of ConnectiMiddletown cut, and at Plymouth; in the state of North Carolina, under the and Plymouth, regulations in such cases by law provided. [Approved, April 24,

unladen, at

&c.

Circuit court

vannah on the

1816.]

CHAP. 74. An act for the more convenient arrangement of the times and places of holding the circuit courts of the United States, for the districts of South Carolina and Georgia.

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for Georgia to § 1. Be it enacted, &c. That, from and after the first day of June be held at Sa- next, the circuit courts in and for the sixth circuit of the United 14th Dec. and States, shall be held at the following times and places, and no at Milledge others; that is to say, for the district of Georgia, at Sayannah,

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