offices, paymasters in the army, to be appointed under the laws of the United States, shall be appointed for the term of four years, but shall be removable from office at pleasure. * bonds are given may be increased. SEC. 3. And be it further enacted, That it shall be lawful Sums for which for the President of the United States, and he is hereby authorized, from time to time, as in his opinion the interest of the United States may require, to regulate and increase the sums for which the bonds required, or which may be required, by the laws of the United States, to be given by the said officers, and by all other officers employed in the disbursement of the public moneys, under the direction of the war or navy departments, shall be given; and all bonds given in conformity with such regulations shall be as valid and effectual, to all intents and purposes, as if given for the sums respectively mentioned in the laws requiring the same.* Approved May 15, 1820. (Vol. 3, p. 582.) AN ACT further to amend the several acts relative to the Treasury, the treasury for War and Navy SEC. 3. And be it further enacted, That all moneys appro- Manner of drawprinted for the use of the War and Navy Departments shall, ing moneys from from and after the day and year last aforesaid, be drawn from the use of the the treasury by warrants of the Secretary of the Treasury, Departments. upon the requisitions of the Secretaries of those departments, respectively, countersigned by the Second Comptroller of the Treasury, and registered by the proper Auditor. * Approved May 7, 1822. (Vol. 3, p. 688.) AN ACT to continue in force "An act to protect the commerce of the United States, and punish the crime of piracy," and also to make further provisions for punishing the crime of piracy. bery declared pi convicted thereof SEC. 3. And be it further enacted, That if any person Crime of robshall, upon the high seas, or in any open roadstead, or in any racy in certain haven, basin, or bay, or in any river where the sea ebbs and cases, and persons flows, commit the crime of robbery, in or upon any ship or to suffer death. vessel, or upon any of the ship's company of any ship or vessel, or the lading thereof, such person shall be adjudged to be a pirate; and being thereof convicted before the circuit * The bond given by a navy agent under his first commission, which was issued during the recess of the Senate, ceases to have effect after the confirmation by the Senate.-(2 Opin., 333.) Pursers are liable upon their bonds for public stores committed to their charge, even though such stores are destroyed by inevitable accident.-(4 Opin., 355.) der court of the United States for the district into which he shall be brought, or in which he shall be found, shall suffer death. And if any person engaged in any piratical cruise or enterprise, or being of the crew or ship's company of any piratical ship or vessel, shall land from such ship or vessel, and, on shore, shall commit robbery, such person shall be adjudged a pirate; and on conviction thereof before the circuit court of the United States for the district into which he shall be brought, certain cir- or in which he shall be found, shall suffer death: Provided, That nothing in this section contained shall be construed to deprive any particular State of its jurisdiction over such offences, when committed within the body of a county, or authorize the courts of the United States to try any such of fenders, after conviction or acquittance, for the same offence in a State court. Jurisdiction un cumstances. * Approved May 15, 1820. (Vol. 3, p. 600.) When and to whom advances of public money may be made. Proceed's ag'nst against provisions of this act. AN ACT concerning the disbursement of public money. SEC. 1. Be it enacted, &c., That, from and after the passing of this act, no advance of public money shall be made in any case whatever; but in all cases of contracts for the performance of any service, or the delivery of articles of any description, for the use of the United States, payment shall not exeed [exceed] the value of the service rendered, or of the articles delivered previously to such payment: Provided, That it shall be lawful, under the especial direction of the President of the United States, to make such advances to the disbursing officers of the government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfilment of the public engagements: And provided, also, That the President of the United States may direct such advances, as he may deem necessary and proper, to such persons in the military and naval service as may be employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled cannot be regularly effected. [SEC. 2 prescribes the manner in which disbursing officers and agents shall render their accounts, and has been superseded by act of July 17, 1862.] SEC. 3. And be it further enacted, That every officer or persons offending agent of the United States who shall offend against the provisions of the preceding sections shall, by the officer charged with the direction of the department to which such offending officer is responsible, be promptly reported to the President of the United States, and dismissed from the public service: Provided, That in all cases where any officer, in default as aforesaid, shall account to the satisfaction of the President for such default, he may be continued in office, anything in the foregoing provision to the contrary notwithstanding. SEC. 4. And be it further enacted, That no security given Security or oblito, or obligation entered into with, the government, shall be gations not to be impaired by disin any wise impaired by the dismissing any officer, or from missal of any offi failure of the President to dismiss any officer, coming under the provisions of this act. Approved January 31, 1823. (Vol. 3, p. 723.) cer, &c. AN ACT respecting the punishment of piracy. District courts to have cognizance in cases of piracy courts are held. Be it enacted, &c., That, from and after the passage of this act, the district courts of the United States, in districts where no circuit courts are holden, shall have cognizance of all where no circuit cases arising under an act of Congress, approved May fifteenth, one thousand eight hundred and twenty, entitled "An act to continue in force an act to protect the commerce of the United States, and punish the crime of piracy, and also to make further provision for punishing the crime of piracy," and shall have the same power and jurisdiction therein as the circuit courts of the United States, under the same act. Approved March 3, 1823. (Vol. 3, p. 789.) * AN ACT to prevent defalcations on the part of the disbursing agents of the government, and for other purposes. paid to persons in Exceptions. Be it enacted, &c., That no money hereafter appropriated No money apshall be paid to any person, for his compensation, who is in propriated to be arrears to the United States, until such person shall have arrears to the accounted for, and paid into the treasury, all sums for which United States. he may be liable: Provided, That nothing herein contained shall be construed to extend to balances arising solely from the depreciation of treasury notes received by such person, to be expended in the public service; but in all cases where the pay or salary of any person is withheld, in pursuance of this act, it shall be the duty of the accounting officers, if demanded by the party, his agent or attorney, to report, forthwith, to the agent of the Treasury Department, the balance be reported. due; and it shall be the duty of the said agent, within sixty Suit to be comdays thereafter, to order suit to be commenced against such menced. delinquent and his sureties. Approved January 25, 1828. (Vol. 4, p. 246.) Balance due to * An explanatory act of May 20, 1836, vol. 5, p. 31, provides that this act shall not be construed to authorize the pension of any pensioner of the United States to be withheld. Appointment of assistant surgeons and surgeons. Appointment of fleet surgeons. Their duties. AN ACT for the better organization of the medical department of the navy of the United States.* Be it enacted, &c., That, from and after the passing of this act, no person shall receive the appointment of assistant surgeon in the navy of the United States, unless he shall have been examined and approved by a board of naval surgeons, who shall be designated for that purpose by the Secretary of the Navy Department; and no person shall receive the appointment of surgeon in the navy of the United States until he shall have served as an assistant surgeon at least two years, on board a public vessel of the United States, at sea, and unless, also, he shall have been examined and approved by a board of surgeons constituted as aforesaid. 66 SE2. And be it further enacted, That the President of the United States may designate and appoint, to every fleet or squadron, an experienced and intelligent surgeon, then in the naval service of the United States, to be denominated surgeon of the fleet." who shall be surgeon of the flag-ship, and who, in addition to his duties as such, shall examine and approve all requisitions for medical and hospital stores for the fleet, and inspect their quality; and who shall, in difficult cases, consult with the surgeons of the several ships, and make records of the character and treatment of diseases, to be transmitted to the Navy Department. * * Approved May 24, 1828. (Stat. at Large, Vol. 4, p. 313.) Persons cutting oak, cedar, or other reserved for naval timber from other States. AN ACT to provide for the punishment of offences committed in cutting, destroying, or removing live oak, and other timber or trees, reserved for naval purposes.t SEC. 1. Be it enacted, &c., That if any person or persons or destroying live shall cut, or cause or procure to be cut, or aid, assist, or be timber, on lands employed in cutting, or shall wantonly destroy, or cause or purposes, or cut-procure to be wantonly destroyed, or aid, assist, or be emting or removing ployed in wantonly destroying, any live oak or red cedar lands of the United tree or trees, or other timber, standing, growing, or being, on any lands of the United States, which, in pursuance of any law passed, or hereafter to be passed, shall have been reserved or purchased for the use of the United States for supplying or furnishing therefrom timber for the navy of the United States; or if any person or persons shall remove, or cause or procure to be removed, or aid, or assist, or be employed in removing, from any such lands which shall have been reserved or purchased as aforesaid, any live oak or red cedar tree or trees, or other timber, unless duly authorized so to do by order, in writing, of a competent officer, and for * This does not forbid the temporary employment of medical assistants, 3 Opin., 289. + See acts of March 1, 1817, and March 3, 1859. the use of the navy of the United States; or if any person or persons shall cut, or cause or procure to be cut, or aid, or assist, or be employed in cutting, any live oak or red cedar tree or trees, or other timber on, or shall remove, or cause or procure to be removed, or aid, or assist, or be employed in removing, any live oak or red cedar trees, or other timber, from any other lands of the United States acquired, or hereafter to be acquired, with intent to export, dispose of, use, or employ, the same in any manner whatsoever, other than for the use of the navy of the United States; every such person To pay a fine or persons so offending, on conviction thereof before any court triple the value. having competent jurisdiction, shall, for every such offence, pay a fine not less than triple the value of the tree or trees, or timber so cut, destroyed, or removed, and shall be imprisoned not exceeding twelve months. in taking away feited. SEC. 2. And be it further enacted, That if the master, Vessels employ'd owner, or consignee, of any ship or vessel shall, knowingly, timber to be for take on board any timber cut on lands which shall have been reserved or purchased as aforesaid, without proper authority, and for the use of the navy of the United States; or shall take on board any live oak or red cedar timber cut on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the ship or vessel on board of which the same shall be taken, transported, or seized, shall, with her tackle, apparel, and furniture, be wholly forfeited to the United States; and the captain or master of such ship or vessel, wherein the same shall have been exported to any foreign country against the provisions of this act, shall forfeit and pay to the United States a sum not exceeding one thousand dollars. Captain to be fined. SEC. 3. And be it further enacted, That all penalties and Penalties, how forfeitures incurred under the provisions of this act shall be to be sued for. sued for, recovered, and distributed, and accounted for, under the directions of the Secretary of the Navy, and shall be paid over, one-half to the informer or informers, if any, or captors, where seized, and the other half to the commissioners of the navy pension fund, for the use of the said fund; and the commissioners of the said fund are hereby authorized to mitigate, Mitigation in whole, or in part, and on such terms and conditions as they shall deem proper, and order, in writing, any fine, penalty, or forfeiture, incurred under this act. Approved March 2, 1831. (Vol. 4, p. 472.) AN ACT to provide for paying certain arrearages for surveys made by naval officers, and for other purposes. penalty. of yard at SEC. 3. And be it further enacted, That, from and after Commander of the passage of this act, the commander of the navy yard at navy Washington to the city of Washington shall cease to act as navy agent; cease and that portion of the act of the twenty-seventh of March, to act navy agent. as |