United States Statutes at Large/Volume 2/12th Congress/1st Session/Chapter 113
Chap. CXIII.—An Act supplementary to an act entituled “An act more effectually to provide for the organization of the Militia of the District of Columbia.”
Act of March 3, 1803, ch. 20.
Legionary musters.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, the muster of each legion, required to be held by the act to which this is a supplement, in each year, may be held in either the month of October or November, as the commanding officer of the brigade may appoint.
Part of former act repealed.
Ante, page 218.Sec. 2. And be it further enacted, That so much of the eleventh section of the act to which this is a supplement, as requires that there shall be a muster of each troop of cavalry and company of militia comprehending the companies made up by voluntary enrolment, in the months of July, August and November, and all the twenty-second section of the said act, be, and the same are hereby repealed.
Battalion courts of inquiry.
Ante, page 218.Sec. 3. And be it further enacted, That the battalion courts of inquiry, mentioned in the eighth section of said act, shall be held in the months only of July and November in each year; and the legionary courts of inquiry, mentioned in the said section, shall be respectively held in not less than ten nor more than twenty days after each battalion court of inquiry: Provided however, that the commanding officer of each legion shall be and is hereby empowered to appoint and convene legionary courts extraordinary, which may exercise all or any of the powers, and perform all or any of the duties, of the ordinary legionary courts of inquiry, except the power of assessing fines incurred by the officers of the legion, for any delinquency or neglect of duty, other than failing to attend such legionary courts extraordinary.
Collection of fines.Sec. 4. And be it further enacted, That all fines to be assessed under the authority of the act last aforesaid, shall be certified by the clerks of the legionary and battalion courts of inquiry respectively, by which the same shall be assessed, to the marshal of the district of Columbia, and Collection of fines.so certified, shall be delivered to the marshal within fifteen days after the sitting of the court empowered finally to determine, and he shall give a receipt therefor. The said marshal shall forthwith proceed to collect the said fines, and (should any person fail to make payment when called on) to levy the amount with costs by distress and sale of the goods and chattels of the delinquent; which costs and manner of proceeding shall be the same as in other cases of distresses. And where there are no goods or chattels to be found whereof to levy the said fines, the marshal shall commit such delinquent to jail, and hold him in close confinement during the term of twenty-four hours, for each and every fine by him payable (unless the same shall be sooner paid) in the same manner as other persons condemned to fine and imprisonment at the suit of the United States may be committed; and the marshal shall account for all the fines, and pay such as have been by him levied, to the paymaster of the legion, from which he shall have received the certified lists, within six months after said lists may have been delivered to him respectively, deducting from the amount so to be paid, twelve and an half per centum as a compensation for his trouble; and, in case of failure, the same shall be recovered by motion in the circuit court of the district of Columbia, in either county of the said district, in the name of the paymaster of said legion, with twelve and an half per centum damages, and legal interest on the amount from the time it ought to have been paid, and costs of suit: Provided, the marshal shall have had ten days’ notice of such motion. And should it happen in any case, during the pendency of proceedings and before payment is made by the marshal, that the paymaster in whose name the proceedings are going on, should be removed from his office or station, it shall not abate or in any manner interrupt or affect the proceedings, but the name of the succeeding paymaster may be substituted until the proceedings are formally closed.
Sec. 5. And be it further enacted, That where any fine or fines shall have been collected or imposed, the delinquent shall be at liberty, at any time within twelve months after such imposition, to apply to any of the legionary courts to return or remit the same, and the court is hereby empowered to make such order in the case as may seem to them or a majority of them, to be right and just.
Squadron courts of inquiry.
Cavalry to be subject to legionary courts, &c.
Proviso.Sec. 6. And be it further enacted, That squadron courts of inquiry, for the squadron of cavalry within the district of Columbia, shall be separately held within the said district; but whenever a legionary court of inquiry, as heretofore by law directed, shall be held, the cavalry within the limits of the legion for which such court may be held shall be within and subject to its jurisdiction and authority; and the commanding officers of the squadron and companies of cavalry, shall be members of such legionary court for the legion within which they shall respectively reside: Provided however, that when the cavalry shall have been established or formed into a separate legion, there shall be separate legionary courts held by and for them, at some place within the district; both the squadron and legionary courts of cavalry to be respectively for similar purposes, to be appointed and constituted in a similar manner, and to be subject to the same rules and regulations as the battalion and legionary courts authorized and directed by the act to which this is a supplement.
Orders in relation to uniform issued through the brigadier general to be obeyed.
Ante, page 224.Sec. 7. And be it further enacted, That all orders in relation to the procuring or wearing of such uniform and equipments, or either of them, as shall have been previously determined on, which shall be issued and communicated by the brigadier general to the officers of the brigade, or any of them, shall be forthwith obeyed; and for every disobedience of any such order, the delinquent shall be subject to the penalty or fine prescribed in the twenty-seventh section of the said act to which this is a supplement, besides being subject to arrest.
Sec. 8. And be it further enacted, Arms exempt from taxation or execution.That the arms and other equipments belonging to an officer, non-commissioned officer or private, be exempt from taxation or execution.
Approved, July 1, 1812.