3. That, to defray the expenses authorized by this act, there 5000 dollars is hereby appropriated a sum not exceeding five thousand dol- appropriated. lars, to be paid out of any money in the treasury not otherwise appropriated. [Approved, March 3, 1917.] CHAP. 278. An act to continue in force an act, entitled “An act relating to settlers on lands Expired. Vol. iii. p. 1540. of the United States." 1816, continu § 1. Be it enacted, &c. That an act, entitled "An act relating The act of to settlers on the lands of the United States," passed the twen- 25th March, ty-fifth of March, one thousand eight hundred and sixteen, be, ed for one and the same is hereby, continued in force for one year from and year. after the passage of this act. [Approved, March 3, 1817.] CHAP. 279. An act to amend the act, entitled "An act granting bounties in land and extra pay to certain Canadian volunteers," passed the fifth of March, one thousand eight hundred and sixteen. Vol. iii. p. Expired. 1537. Six months' name on the service and muster roll a condition of 1. Be it enacted, &c. That, from and after the passing of this act, no bounty in land shall be given to any Canadian volunteer, except where it shall appear that the full term of six months' service shall have been performed in some corps in the United States bounty. service, and whose names shalt appear upon the muster rolls of such corps: Provided, That where it shall appear that the said Proviso; term of service had not been performed by reason of wounds received in battle, or other disabilities, occasioned by the perform- term of service ance of his duty while in such corps, such claimant shall be con- performed in sidered as having performed the full term of service for which he consequence had engaged. where it shall appear the had not been of wounds, &c. be located on § 2. That all warrants issued in pursuance of the act, entitled Warrants to "An act granting bounties in land and extra pay to certain Ca- lands offered nadian volunteers," and which have not been located, and those at public sale. which shall be issued in pursuance of this act, shall be located on such lands as have been offered at public sale according to law, and no other. 3. That, instead of the bounty given in the act hereby amend- Rates of bouned, the following rates shall be given: For a colonel, four hun- des specified. dred and eighty acres; for a major, four hundred and eighty acres; for a captain, three hundred and twenty acres; for a subaltern, three hundred and twenty acres; to a noncommissioned officer, musician, or private, one hundred and sixty acres; and to the medical and other staff, in proportion to their pay. 4. That all such parts of the act hereby amended, as shall be inconsistent with, or contravene, the provisions of this act, are hereby repealed. Contrary promer act re visions of for pealed. 5. That this act, together with the act hereby amended, meract in shall continue, and be in force, for the term of one year, and no force for a longer. [Approved, March 3, 1817.] CHAP. 280. An act to amend an act, entitled "An act making further provision for military services during the late war, and for other purposes." year. Vol. iii. p. 1560. 1746. children of soldiers of militia, § 1. Be it enacted, &c. That the widows and children of sol- Widows and and the sea fencidiers of the militia, the volunteers, the rangers, bles, who served during the late war, and for whom half pay for volunteers, five years was provided, by an act passed on the sixteenth day sea fencibles, rangers, and allowance. &c. placed on of April, one thousand eight hundred and sixteen, entitled "An an equality. act making further provision for military services during the late war, and for other purposes," shall be placed on an equality as Rate of annual to their annual allowance, that is to say: Such widows, and in case of no widow, such children, as may be embraced in the before recited act, shall be entitled to receive, (as the half pay to which they are entitled,) at the rate of forty-eight dollars per annum, and no more; and the widows and children aforesaid, of the officers of the different corps aforesaid, shall be entitled to the half pay of the officers of the infantry. Provisions of the act fixing the military peace estabMarch, 1815, lishment, of 3d 2. That the provisions contained in an act, entitled "An act fixing the military peace establishment of the United States," passed on the third of March, one thousand eight hundred and fifteen, granting to the commissioned officers of the regular army, concerning who were deranged by said act, three months' pay in addition to additional pay, extended to the pay and emoluments to which they were entitled by law at the time of their discharge, shall equally extend to wagon_masVol.ii. p. 1509. ters, forage masters, barrack masters, and other warrant officers of the staff of the regular army, who were deranged by the before recited act, except those provisionally retained by the president of the United States. wagon mas ters, &c. Further time for relinquish 3. That the further time of two years shall be allowed to to guardians the guardians of the minor children of deceased soldiers, to rement of bounty linquish their claims to bounty lands for five years' half pay, aclands, &c. cording to the second section of the before recited act, to which this is a supplement, passed the sixteenth day of April, one thousand eight hundred and sixteen. Vol. iii. p. 1746. Widows and children of noncommis 4. That the widows and children of the noncommissioned officers of the rangers, shall be placed on the same footing as to sioned officers half pay, for five years, with the widows and children of the in of the rangers, &c. of the act of 16th April, fantry. Provisions of 5. That the provisions of the second section of the act to the 2d section which this is a supplement, shall be, and the same are hereby, extended to all cases where either of the children therein men1816, extend- tioned shall have been under sixteen years of age at the time of the father's decease: Provided, The guardian of such minor children shall, in addition to the relinquishment by said act required, file, in the office of the department of war, evidence of the assent of all the other heirs, if any there be, of said deceased soldier, or of their guardians, to such relinquishment. ed, &c. Proviso; as to assent of other heirs. Relinquish ment of title 6. That in all cases where the child or children of a regular to bounty land soldier, deceased, have the right, under the laws of the United entitles chil- States, to relinquish their bounty in land for five years' half pay, dren of regular soldiers to four the said child or children shall be entitled to the same amount dollars per as is given by the act to the widows of the militia soldiers who died in service during the late war, viz: four dollars per month. [Approved, March 3, 1817.] month. Vol. ii. p. 1417. Money to be deposited in the branch bank of the CHAP. 281. An act supplementary to the act, entitled "An act directing the disposition of money paid into the courts of the United States." § 1. Be it enacted, &c. That it shall be the duty of the judges of the circuit and district courts of the United States, within sixty U. States, &c. days from and after the passing of this act, in all districts in from the cash which a branch of the bank of the United States is, or shall be, established, to cause and direct all moneys remaining in said courts, respectively, or being subject to the order thereof, to be deposited in such branch bank, in the name and to the credit of the court, and a certificate thereof from the cashier of said bank, A certificate stating the amount and time of such deposite, to be transmitted, to be within twenty days thereafter, to the secretary of the treasury; transmitted to and in districts in which no such branch bank is, or shall be, es- of the treasutablished, such deposite shall be made in like manner, and within ry within 20 days. the same time, in some incorporated state bank; and a certifi- Or in some incate thereof, in like manner, and within the said time as afore- corporated state bank, said, transmitted to the secretary of the treasury. the secretary &c. 2. That all moneys which shall hereafter be paid into said Moneys herecourts, or received by the officers thereof, in causes pending after received therein, shall be immediately deposited in the branch bank with- to be also dein the district, if there be one, otherwise in some incorporated state bank, within the district, in the name and to the credit of the court. posited, &c. be drawn from § 3. That no money deposited as aforesaid, shall be drawn No money to from said banks, except by order of the judge or judges of said the banks, excourt, respectively, in term or in vacation, to be signed by such cept by order, judge or judges, and to be entered and certified of record by the clerk; and every such order shall state the cause in, or on account of, which it is drawn. &c. der of the § 4. That if any clerk of such court, or other officer thereof, Clerks, &c. refusing, &c. having received any such moneys as aforesaid, shall refuse or ne- to obey the orglect to obey the order of such court, for depositing the same as aforesaid, such clerk, or other officer, shall be forthwith proceed- proceeded ed against by attachment for contempt. court to be against, &c. moneys to be 5. That at each regular and stated session of said courts, Account of the clerks thereof shall present an account to said court of all given to the moneys remaining therein, or subject to the order thereof, stat- court, &c. ing particularly on account of what causes said moneys are deposited; which account, and the vouchers thereof, shall be filed Proviso; if in court: Provided, nevertheless, That if in any district there shall there is no be no branch of the bank of the United States, nor any incorpo- bank, the rated state bank, the courts may direct such moneys to be de- direct the deposited, according to their discretion, as heretofore. [Approved, posite of moMarch 3, 1817.] courts may neys at discretion. CHAP. 282. An act to continue in force an act, entitled "An act further to provide for Vol. ii. p. the collection of duties on imports and tonnage," passed the third day of March, one 1515. thousand eight hundred and fifteen, and for other purposes. Vol. iii. p. 1847. ued § 1. Be it enacted, &c. That the act, entitled "An act fur- The act menther to provide for the collection of duties on imports and ton- tioned contin-nage," passed the third day of March, one thousand eight hun- din force, dred and fifteen, be, and the same is hereby, continued in force, excepting the sixth and eighth sections thereof. naval officers, 2. That if any suit or prosecution be commenced in any Collectors, state court against any collector, naval officer, surveyor, inspect- &c. empoweror, or any other officer, civil or military, or any other person ed to remove aiding or assisting, agreeably to the provisions of the act hereby state to circuit causes from courts, &c. continued in force, or under color thereof, for any thing done or omitted to be done, as an officer of the customs, by virtue of said act, or under color thereof, and the defendant shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial at the next circuit court of the United States to be holden in the district where the suit is pending, and offer good and sufficient surety for his entering in such circuit court, on the first day of its session, copies of said process against him, and also for his there appearing at the court and entering special bail in the cause, if special bail was originally required therein; it shall then be the duty of the state court to accept the surety and proceed no further in the cause; and the bail that shall have been originally taken shall be discharged. And such copies being entered as aforesaid in such court of the United States, the cause shall then proceed in the same manner as if it had been brought there by original process, whatever may be the amount of the sum in dispute, or damages claimed, or whatever the citizenship of the parties, any former Jaw to the contrary notwithstanding; and any attachment of the goods or estate of the defendant by the original process shall hold the goods or estate so attached to answer the final judgment, in the same manner as by the laws of such state they would have been holden to answer final judgment, had it been rendered by the court in which the suit was commenced: Procorporal pun- vided, nevertheless, That this act shall not be understood to apply to any prosecution for an offence involving corporal punishment. 3. That it shall be lawful hereafter for the master, or person having charge or command, of any steam boat on lake Champlain, when going from the United States into the province of Lower Canada, to deliver a manifest of the cargo on board, and take a clearance from the collector of the district through which any such boat shall last pass, when leaving the United States, without regard to the place from which any such boat shall have commenced her voyage, or where her cargo shall have been taken on board, any law to the contrary notwithstanding. Proviso; as to ishment. As to the deli- Lower Cana- As to landing in steam boats from Lower Canada on lake Cham 4. That when any goods, wares, or merchandise, shall heregoods brought after be imported from the province of Lower Canada into the United States, in any steam boat on lake Champlain, and the said goods, wares, and merchandise, shall have been duly entered, the duties thereon paid, or secured, at the office of the collector of any district adjoining lake Champlain, it shall be lawful to land such goods, wares, or merchandise, in the same, or any other, district adjoining said lake Champlain, any law to the contrary_notwithstanding. plain. General issue, in evidence, 5. That, in any action or prosecution against any person this act, &c. as aforesaid, it shall be lawful for such person to plead the general issue, and give this act, and any special matter, in evidence. And if in any suit the plaintiff is nonsuit, or judgment pass against him, the defendant shall recover double costs. &c. This act in force for four years, &c. 6. That this act shall continue in force for the term of four years, from and after the third day of March next, and no longer. 7. That every collector of the customs shall have authority, may employ with the approbation of the secretary of the treasury, to employ, Collectors deputies, &c. within his district, such number of proper persons, as deputy collectors of the customs, as he shall judge necessary, who are hereby declared to be officers of the customs; and the said deputy collectors, before they enter on the duties of their offices, shall take and subscribe, before the collectors appointing them, or before some magistrate within their respective districts, authorized by law to administer oaths, the following oath or affirmation, to wit: "I,, having been appointed a deputy collector of the customs, within and for the district of, do solemnly, sincerely, and truly, swear, (or affirm, as the case may be,) that I will diligently and faithfully execute the duties of the said office of deputy collector, and will use my best endeavors to prevent, and detect, frauds and violations against the laws of the United States: 1 further swear (or affirm) that I will support the constitution of the United States." [Approved, March 3, 1817.] CHAP. 283. An act to amend the act "authorizing the payment for property lost, captured, or destroyed, by the enemy, while in the military service of the United States, and for other purposes," passed the ninth of April, one thousand eight hundred and sixteen." Form of the taken and subscribed by oath to be deputies. Obsolete. 1542. Restriction to. 1. Be it enacted, &c. That the ninth section of the act, en- to ninth titled "An act authorizing the payment for property lost, cap- section of the tured, or destroyed, by the enemy, while in the military service act referred of the United States, and for other purposes," passed on the ninth of April, one thousand eight hundred and sixteen, shall be construed to extend only to houses, or other buildings, occupied, by an order of an officer or agent of the United States, as a place of deposite for military or naval stores, or as barracks for the military forces of the United States; and that, in acting on Commissioner all claims arising under the aforesaid ninth section, as well those to investigate, whereon commissions are now returned, and remain undecided, as those on which commissions may be hereafter executed, it shall be the duty of the commissioner, appointed in virtue of the act aforesaid, carefully to examine and investigate the same, and to report the facts in such case to congress, as soon as may be, that such provision may be made for the relief of the respective claimants as shall be deemed just and proper. &c. and report facts to congress, &c. awarded in cases above 2. That the said commissioners shall, in all cases in which Commissions the claim to compensation or indemnity shall exceed the sum of for the exami nation of wittwo hundred dollars, award a commission to some one or more nesses, to be discreet commissioners, near the places where the witnesses reside, who shall, before they proceed to act, take an oath or af- 200 dolls. &c. firmation, before some officer authorized by law to administer the same, that they will faithfully and impartially execute the du ties assigned to them in said commission, to the best of their judgment; and the said commissioner shall accompany said commission with directions as to the examination of witnesses, on oath or affirmation, which the said commissioner, or commissioners, so acting, are hereby authorized to administer; which said commission, when executed, together with the examinations taken in pursuance thereof, shall be enclosed, sealed, and returned by mail to the office of the said commissioner: Provided, however, That in acting on examinations, taken by virtue of the act to Proviso; as to new commis sion where |