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Officers and

men in land and naval service prohibited from dealing in captured, &c. property.

1861, ch. 3, § 5. Vol. xii. p. 257.

the regular and volunteer forces of the United States, and all officers, sailors, and marines in the naval service, are hereby prohibited from buying or selling, trading, or in any way dealing in the kind or description of property mentioned in this act, and the act to which this is in addition, whereby to receive or expect any profit, benefit, or advantage to himself, or any other person, directly or indirectly connected with him; and it shall be the duty of such officer, private, sailor, or marine, when such property shall come into his possession or custody, or within his control, Penalty for so to give notice thereof to some agent, appointed by virtue of this act, and doing, &c. to turn the same over to such agent without delay: any officer of the United States, civil, military, or naval, or any sutler, soldier, marine, or other person, who shall violate any provision of this act, or who shall take, or cause to be taken, into a state declared to be in insurrection, or to any other point to be thence taken into such state, or who shall transport or sell, or otherwise dispose of therein, any goods, wares, or merchandise whatsoever, except in pursuance of license and authority of the President, as provided in said fifth section of the act of July thirteen, eighteen hundred and sixty-one, aforesaid, and any officer or other person aforesaid who shall make any false statement or representation upon which license and authority shall be granted for such transportation, sale, or other disposition, and any officer or other person aforesaid who shall, under any license or authority obtained, wilfully and knowingly transport sell, or otherwise dispose of, any other goods, wares, or merchandise than such as are in good faith so licensed and authorized, or shall wilfully and knowingly transport, sell, or dispose of the same, or any portion thereof, in violation of the terms of such license or authority, or of any rule or regulation prescribed by the Secretary of the Treasury concerning the same, or shall be guilty of any act of embezzlement, of wilful misappropriation of public or private money or property, of keeping false accounts, or of wilfully making any false returns, or of any other act amounting to a felony, shall be liable to indictment as for a misdemeanor, and fine not exceeding five thousand dollars, and to punishment in the penitentiary not exceeding three years, before any court, civil or military, competent to try the same. And it shall be the duty of the Secretary of the Treasury, from time to time, to Investigations institute such investigations as may be necessary to detect and prevent to prevent frauds frauds and abuses in the trade and other transactions contemplated by this act, or by the acts to which this is supplementary. And the agents makAttendance of ing such investigations shall have power to compel the attendance of witnesses, and to make examinations on oath.

and abuses.

witnesses.

Rules and regulations in this matter.

July 2, 1864.

Claims for bounty lands. 1842, ch. 69. Vol. v. p. 497.

SEC. 11. And be it further enacted, That the Secretary of the Treasury, with the approval of the President, shall make such rules and regulations as are necessary to secure the proper and economical execution of the provisions of this act, and shall defray all expenses of such execution from the proceeds of fees imposed by said rules and regulations, of sales of captured and abandoned property, and of sales hereinbefore authorized. APPROVED, July 2, 1864.

CHAP. CCXXVI.- An Act providing for satisfying Claims for Bounty Lands, and for other Purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act to provide for satisfying claims for bounty lands for military services in the late war with Great Britain, and for other purposes," approved July twenty-seventh, in the year one thousand eight hundred and forty-two, 1835, ch. 6, 7. and the two acts approved January twenty-seventh, in the year one thouVol. ix. p. 749. sand eight hundred and thirty-five, therein and thereby revived, and also the two acts to the same intent and purpose, respectively approved the Vol. ix. p. 240. twenty-sixth day of June, in the year eighteen hundred and forty-eight,

1848, ch. 74.

and the eighth day of February, in the year eighteen hundred and fiftyfour, be, and the same are hereby, renewed and continued in force and effect, without restriction or limitation as to the time of location of said warrants issued in virtue thereof.

1854, ch. 10.

Vol. x. p. 267.

SEC. 2. And be it further enacted, That all warrants for bounty lands Warrants alheretofore issued in virtue of any of the several acts hereinbefore named, be located hereready issued may may be located at any time subsequent to the passage of this act, in con- after. formity with the general laws in force at the time of such location; and

that all entries and locations heretofore made with such warrants shall Former entrics

be as valid and effectual as if the several acts aforesaid had not expired confirmed. at the time of such entry and location, any law to the contrary notwith

standing.

clause.

SEC. 3. And be it further enacted, That all acts and parts of acts in- Repealing consistent with the provisions of this act, be, and the same are hereby, repealed.

APPROVED, July 2, 1864.

CHAP. CCXXXVII. -An Act further to regulate and provide for the enrolling and calling July 4, 1864. out the National Forces, and for other Purposes.

The President

years.

to be credited.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the may call for any United States may, at his discretion, at any time hereafter call for any number of volunnumber of men as volunteers for the respective terms of one, two, and teers for one, three years for military service; and any such volunteer, or, in case of two, or three draft, as hereinafter provided, any substitute, shall be credited to the Volunteers or town, township, ward of a city, precinct, or election district, or of a substitutes, how county not so subdivided, towards the quota of which he may have volunteered or engaged as a substitute; and every volunteer who is accepted and mustered into the service for a term of one year, unless sooner discharged, shall receive, and be paid by the United States, a bounty of one hundered dollars; and if for a term of two years, unless sooner discharged, a bounty of two hundred dollars; and if for a term of three years, unless sooner discharged, a bounty of three hundred dollars; one third of which bounty shall be paid to the soldier at the time of his being mustered into the service, one third at the expiration of one half of his term of service, and one third at the expiration of his term of service; and in case of his death while in service, the residue of his bounty unpaid shall be paid to case of death. his widow, if he shall have left a widow; if not, to his children, or if there be none, to his mother, if she be a widow.

Bounty;

how paid in

days after the

SEC. 2. And be it further enacted, That in case the quota, or any If quota is not part thereof, of any town, township, ward of a city, precinct, or election filled within fifty district, or of any county not so subdivided, shall not be filled within the call, draft to be space of fifty days after such call, then the President shall immediately ordered. order a draft for one year to fill such quota, or any part thereof, which may be unfilled; and in case of any such draft no payment of money shall be accepted or received by the government as commutation to release any enrolled or drafted man from personal obligation to perform military service.

No commutation allowed.

states allowed in

SEC. 3. And be it further enacted, That it shall be lawful for the Recruiting by executive of any of the states to send recruiting agents into any of the executives of states declared to be in rebellion, except the states of Arkansas, Ten- states declared to nessee, and Louisiana, to recruit volunteers under any call under the be in rebellion, provisions of this act, who shall be credited to the state, and to the re- [Repealed, Post, except, &c. spective subdivisions thereof, which may procure the enlistment. SEC. 4. And be it further enacted, That drafted men, substitutes, and volunteers, when mustered in, shall be organized in, or assigned to, regiments, batteries, or other organizations of their own states, and, as far as practicable, shall, when assigned, be permitted to select their own regi

p. 491.] Organization

of drafted men.

Discharge of minors.

Construction of

§ 20.

Ante, p. 10. 1863, ch. 75.

Vol. xii. p. 731.

Persons en

ments, batteries, or other organizations from among those of their respective states which at the time of assignment may not be filled to their maximum number.

SEC. 5. And be it further enacted, That the twentieth section of the act entitled, “An act to amend an act entitled' An act for enrolling and act 1864, ch. 13, calling out the national forces, and for other purposes,"" approved February twenty-four, eighteen hundred and sixty-four, shall be construed to mean that the Secretary of War shall discharge minors under the age of eighteen years under the circumstances and on the conditions prescribed in said section; and hereafter, if any officer of the United States shall enlist or muster into the military service any person under the age sixteen years, with or without the consent of his parent or guardian, such person so enlisted or recruited shall be immediately discharged upon repayment of all bounties received; and such recruiting or mustering officer who shall knowingly enlist any person under sixteen years of age, shall be dismissed the service, with forfeiture of all pay and allowances, and shall be subject to such further punishment as a court-martial may

listed under six

teen to be discharged.

Penalty for knowingly enlisting such per

sons.

Draft to be

cent. more than

quota.

direct.

of

SEC. 6. And be it further enacted, That section three of an act entimade for 100 per tled "An act to amend an act entitled 'An act for enrolling and calling out the national forces, and for other purposes," approved February 1864, ch. 13, § 3. twenty-four, eighteen hundred and sixty-four, be, and the same is hereby, Ante, p. 6. amended, so as to authorize and direct district provost-marshals, under the direction of the provost-marshal general, to make a draft for one hundred per centum in addition to the number required to fill the quota of any district as provided by said section.

Transportation to and from ren

dezvous.

Certain persons in naval service, &c., to be credited.

Persons absent from home when drafted to be notified.

Not to be

SEC. 7. And be it further enacted, That instead of travelling pay, all drafted persons reporting at the place of rendezvous shall be allowed transportation from their places of residence; and persons discharged at the place of rendezvous shall be allowed transportation to their places of residence.

SEC. 8. And be it further enacted, That all persons in the naval service of the United States who have entered said service during the present rebellion, who have not been credited to the quota of any town, district, ward, or state, by reason of their being in said service and not enrolled prior to February twenty-fourth, eighteen hundred and sixtyfour, shall be enrolled and credited to the quotas of the town, ward, district, or state, in which they respectively reside, upon satisfactory proof of their residence made to the Secretary of War.

SEC. 9. And be it further enacted, That, if any person duly drafted shall be absent from home in prosecution of his usual business, the provostmarshal of the district shall cause him to be duly notified as soon as may be, and he shall not be deemed a deserter, nor liable as such, until notice deemed a deserter has been given to him, and reasonable time allowed for him to return and report to the provost-marshal of his district; but such absence shall not otherwise affect his liability under this act.

until, &c.

Act of 1864, ch. 17, not altered. Ante, p. 9.

Substitutes

SEC. 10. And be it further enacted, That nothing contained in this act shall be construed to alter, or in any way affect, the provisions of the seventeenth section of an act approved February twenty-fourth, eighteen hundred and sixty-four, entitled "An act to amend an act entitled 'An act for enrolling and calling out the national forces, and for other purposes," approved March third, eighteen hundred and sixty-three.

SEC. 11. And be it further enacted, That nothing contained in this act, may be furnished. shall be construed to alter or change the provisions of existing laws relative to permitting persons liable to military service to furnish substitutes. APPROVED, July 4, 1864.

July 4, 1864.

Pub. Res. No. 63.
Post, p. 415.
Resolution

CHAP. CCXXXVIII. - An Act to repeal a Joint Resolution entitled "Joint Resolution to grant additional Rooms to the Agricultural Department,” and for other Purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled granting rooms to "Joint resolution to grant additional rooms to the agricultural depart- the agricultural ment," be, and the same is hereby, repealed.

department repealed.

SEC. 2. And be it further enacted, That the Secretary of the Interior be, and he is hereby, authorized and directed to assign for the temporary use of the commissioner of agriculture such rooms in the Interior Depart- Rooms for the ment suitable for the business of said commissioner, and necessary to enable him to perform efficiently the business of said office, as can be so appropriated with the least inconvenience to the transaction of other public business.

commissioner of agriculture.

SEC. 3. And be it further enacted, That the commissioner of agricul- Commissioner ture is authorized to rent suitable rooms for the accommodation of his may rent suitable rooms for his office, and to make necessary improvements, and to pay the rent of the office. same for one year, the sum of three thousand five hundred dollars is Appropriation hereby appropriated out of any money in the treasury not otherwise appropriated: Provided, Such rooms shall not be rented for a period longer Proviso. than three years.

APPROVED, July 4, 1864.

for rent.

CHAP. CCXXXIX. — An Act making an

Appropriation to carry into Effect "An Act to prevent Smuggling."

July 4, 1864.

gling.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of fifteen thousand Appropriation dollars be, and the same is hereby, appropriated, out of any money in the to prevent smugtreasury not otherwise appropriated, to enable the Secretary of the Treasury to carry into effect an act entitled "An act to prevent smuggling, and for other purposes," passed at the present session of congress. APPROVED, July 4, 1864.

1864, ch. 164 Ante, p. 197.

CHAP. CCXL.-An Act to restrict the Jurisdiction of the Court of Claims, and to provide July 4, 1864. for the Payment of certain Demands for Quartermasters' Stores and Subsistence Supplies furnished to the Army of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the jurisdiction of the court of claims shall not extend to or include any claim against the United States growing out of the destruction or appropriation of, or damage to, property by the army or navy, or any part of the army or navy, engaged in the suppression of the rebellion, from the commencement to the close thereof.

Jurisdiction of

court of claims certain claims.

not to extend to

Claims of cer

SEC. 2. And be it further enacted, That all claims of loyal citizens in states not in rebellion, for quartermasters' stores actually furnished to the tain loyal citizens for quarterarmy of the United States, and receipted for by the proper officer receiv- masters' stores, ing the same, or which may have been taken by such officers without how to be settled. giving such receipt, may be submitted to the quartermaster-general of the United States, accompanied with such proofs as each claimant can present of the facts in his case; and it shall be the duty of the quartermastergeneral to cause such claim to be examined, and, if convinced that it is just, and of the loyalty of the claimant, and that the stores have been actually received or taken for the use of and used by said army, then to report each case to the third auditor of the treasury, with a recommendation for settlement.

SEC. 3. And be it further enacted, That all claims of loyal citizens in states not in rebellion, for subsistence actually furnished to said army, and receipted for by the proper officer receiving the same, or which may have

Claims of cer

tain loyal
sistence furnished

citizens for sub

to the army, how been taken by such officers without giving such receipt, may be submitted to be settled. to the commissary-general of subsistence, accompanied with such proof as each claimant may have to offer; and it shall be the duty of the commissary-general of subsistence to cause each claim to be examined, and, if convinced that it is just, and of the loyalty of the claimant, and that the stores have been actually received or taken for the use of, and used by said army, then to report each case for payment to the third auditor of the treasury with a recommendation for settlement.

APPROVED, July 4, 1864

July 4, 1864.

CHAP. CCXLI.

Part of act of

of former act,

- An Act to correct a clerical Error in the Law of June thirtieth, eighteen hundred and sixty-four, relating to the Post-Office Department.

Be it enacted by the Senate and House of Representatives of the United 1864, ch. 197, § 16, States of America in Congress assembled, That so much of the act of thirtieth repealing portion June, [first of July] eighteen hundred sixty-four, as repeals the seventeenth, eighteenth, thirty-fifth, thirty-ninth, and forty-first sections of the act of March third, eighteen hundred and sixty-three, entitled "An act to amend the laws relating to the Post-Office Department," be, and the same is hereby, repealed.

repealed.

Ante, p. 339.

1863, ch. 71.

Vol. xii. p. 701.

July 4, 1864.

Branch mint established at Dalles City, Oregon.

branch mint.

men, &c.

'APPROVED, July 4, 1864.

CHAP. CCXLII. —An Act to establish a Branch Mint of the United States at Dailes City, in the State of Oregon.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a branch of the mint of the United States be located and established at Dalles City, in the State of Oregon, for the coinage of gold and silver.

SEC. 2. And be it further enacted, That, for carrying on the business Officers of the of the said branch, the following officers shall be appointed, as soon as the public interest shall require their service, upon the nomination of the President, by and with the advice and consent of the Senate, namely: one superintendent, one assayer, and one melter and refiner, and one coiner; Clerks, work- and the superintendent shall employ as many clerks, subordinate workmen and laborers, under the direction of the Secretary of the Treasury, as may be required. The salaries of the said officers and clerks shall be as follows: To the superintendent, the sum of two thousand dollars; to the assayer, the sum of eighteen hundred dollars; to the melter and refiner, eighteen hundred dollars; to the clerks, subordinate workmen, and laborers, such wages and allowances as are customary, according to their respective stations and occupations.

Salaries.

Officers, &c., to take oath.

Branch to be

under the control, &c., of the director of the mint.

SEC. 3. And be it further enacted, That the officers and clerks to be appointed under this act, before entering upon the execution of their offices, shall take an oath or affirmation before some judge of the United States or of the supreme court of said state, faithfully and diligently to perform the duties of their offices, and shall each become bound to the United States of America, with one or more sureties, to the satisfaction of the director of the mint or the district judge of the United States for the district of Oregon and of the Secretary of the Treasury, with the condition of the faithful performance of the duties of their offices.

SEC. 4. And be it further enacted, That the general direction of the business of said branch mint of the United States shall be under the control and regulation of the director of the mint at Philadelphia, subject to the approbation of the Secretary of the Treasury; and for that purRules and regu- pose it shall be the duty of the said director to prescribe such regulations, and to require such returns, periodically and occasionally, and to establish such charges for parting, assaying, refining, and coining, as shall appear to him to be necessary for the purpose of carrying into effect the

lations.

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