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the owners or
such persons, before entering upon the duties enjoined by this act, shall make and subscribe an oath or affirmation before said district judge, or other officer duly authorized to administer oaths, well, faithfully, and impartially to execute and perform the services herein required of them.
Sec. 4. And be it further enacted, That the person or persons who Inspectors of shall be called upon to inspect the hull of any steamboat or vessel, under the hulls to give the provisions of this act, shall, after a thorough examination of the
masters a certi. same, give to the owner or master, as the case may be, a certificate, in ficate, stating which shall be stated the age of the said boat or vessel, when and where the age of the originally built, and the length of time the same has been running.
boat, &c. And he or they shall also state whether, in his or their opinion, the said Also, a certific boat or vessel is sound, and in all respects seaworthy, and fit to be used cate as to the for the transportation of freight or passengers; for which service, so the vessel. performed upon each and every boat or vessel, the inspectors shall each Fee for inspecbe paid and allowed by said master or owner applying for such inspec
tion. tion, the sum of five dollars.
Sec. 5. Anıl be it further enacted, 'That the person or persons who Inspectors of shall be called upon to inspect the boilers and machinery of any steam- the boilers to boat or vessel, under the provisions of this act, shall, after a thorough make a certifiexamination of the same, make a certificate, in which he or they shall soundness, &c. state his or their opinion whether said boilers are sound and fit for use, of said boilers. together with the age of said boilers; and duplicates thereof shall be Duplicates of delivered to the owner or master of such vesse!, one of which it shall be said certificate the duty of the said master and owner to deliver to the collector or sur, the master or veyor of the port whenever he shall apply for a license, or for a renewal owner, &c. of a license; the other he shall cause to be posted up, and ept in some conspicuous part of said boat, for the information of the public; and for each and every inspection so made, each of the said inspectors shall be Fee for inspecpaid by the said master or owner applying, the sum of five dollars.
Sec. 6. And be it further enacted, That it shall be the duty of the Hulls to be in. owners and masters of steamboats to cause the inspection provided under spected, how the fourth section of this act to be made at least once in every twelve
often. months; and the examination required by the fifth section, at least once Boilers inspectin every six months; and deliver to the collector or surveyor of the port ed, how often. where his boat or vessel has been enrolled or licensed, the certificate of such inspection; and, on a failure thereof, he or they shall forfeit the Penalty. license granted to such boat or vessel, and be subject to the same penalty as though he had run said boat or vessel without having obtained Competent such license, to be recovered in like manner.
And it shall be the duty rienced and
number of expeof the owners and masters of the steamboats licensed in pursuance of skilful engithe provisions of this act to employ on board of their respective boats a competent number of experienced and skilful engineers, and, in case of
Penalty for neglect to do so, the said owners and masters shall be held responsible failing to do so. for all damages to the property of any passenger on board of any boat occasioned by an explosion of the boiler or any derangement of the engine or machinery of any boat.
Sec. 7. And be it further enacted, That whenever the master of any Safety-valve boat or vessel, or the person or persons charged with navigating said to be opened boat or vessel, which is propelled in whole or in part by steam, shall when the vessel
stops for any stop the motion or headway of said boat or vessel, or when said boat or vessel shall be stopped for the purpose of discharging or taking in ever. cargo, fuel or passengers, he or they shall open the safety-valve, so as to keep the steam down in said bojler as near as practicable to what it is when the said boat or vessel is under headway, under the penalty of Penalty. two hundred dollars for each and every offence.
Sec. 8. And be it further enacted, That it shall be the duty of the Long-boats or owner and master of every steam vessel engaged in the transportation yawls, when of freight or passengers, at sea or on the Lakes, Champlain, Ontario, and where to be Erie, Huron, Superior, and Michigan, the tonnage of which vessel shall steam-vessels. VOL. V.-39
2 A 2
neers to be em.
not exceed two hundred tons, to provide and to carry with the said boat or vessel, upon each and every voyage, two long-boats or yawls, each of which shall be competent to carry at least twenty persons; and where the tonnage of said vessel shall exceed two hundred tons, it shall be the duty of the owner and master to provide and carry, as aforesaid, not less than three long-boats or yawls, of the same or larger dimensions ;
and for every failure in these particulars, the said master and owner Penalty. shall forfeit and pay three hundred dollars. Vessels at sea Sec. 9. And be it further enacted, That it shall be the duty of the or on the lakes master and owner of every steam vessel employed on either of the lakes aforesaid to car- mentioned in the last section, or on the sea, to provide, as a part of the fire engine, &c. necessary furniture, a suction-hose and fire engine and hose suitable to Iron rods or
be worked on said boat in case of fire, and carry the same upon each chains to be and every voyage, in good order; and that iron rods or chains shall be used instead of employed and used in the navigating of all steamboats, instead of wheel ropes.
or tiller ropes; and for a failure to do which, they, and each of them, Penalty. shall forfeit and pay the sum of three hundred dollars. Signal lights to Sec. 10. And be it further enacted, That it shall be the duty of the be carried by master and owner of every steamboat, running between sunset and sunvessels, running rise, to carry one or more signal lights, that may be seen by other boats
navigating the same waters, under the penalty of two hundred dollars. How all penal.
Sec. II. And be it further enacted, That the penalties imposed by ties shall be re- this act may be sued for and recovered in the name of the United States, covered. in the district or circuit court of such district or circuit where the
offence shall have been committed, or forfeiture incurred, or in which the owner or master of said vessel may reside, one-half to the use of the informer, and the other to the use of the United States; or the said
penalty may be prosecuted for by indictment in either of the said courts. Any person
Sec. 12. And be it further enacted, That every captain, engineer, employed on pilot, or other person employed on board of any steamboat or vessel board a boat in which life or
propelled in whole or in part by steam, by whose misconduct, neglilives are lost by gence, or inattention to his or their respective duties, the life or lives inattention, &c. of any person or persons on board said vessel may be destroyed, shall shall be guilty of manslaugh
be deemed guilty of manslaughter, and, upon conviction thereof before ter.
any circuit court in the United States, shall be sentenced to confinement Punishment. at hard labor for a period not more than ten years. What shall be
Sec. 13. And be it further enacted, That in all suits and actions sufficient evi. against proprietors of steamboats, for injuries arising to person or prodence to charge perty from the bursting of the boiler of any steamboat, or the collapse the defendant, in case of the of a flue, or other injurious escape of steam, the fact of such bursting, bursting of a collapse, or injurious escape of steam, shall be taken as full prima facie boiler, &c.
evidence, sufficient to charge the defendant or those in his employment,
APPROVED, July 7, 1838.
CHAP. CXCII. - An Act to establish a criminal court in the District of Colum
Court to be established in the
Be it enacted by the Senate and House of Representatives of the District of Co- United States of America in Congress assembled, That from and after lumbia for the the passage of this law, a court shall be established in the District of trial de crimes. Columbia, for the trial of all crimes and offences against the laws now posed of one in force in the said District, and such as may be hereafter enacted, to be judge, and
composed of one judge, to be appointed by the President of the United styled the criminal court of
States, by and with the consent of the Senate, and to receive, as comthe D. C. pensation for his services, an annual salary of two thousand dollars,
(a) An act to amend “An act to establish a criminal court in the District of Columbia ;" February 20, 1839, chap. 31.
which court shall be styled the criminal court of the District of Co lumbia.
Sec. 2. And be it further enacted, That the said court shall hold four Four terms in terms in each year, on the first Mondays of December, March, June, the city of
Washington. and September, in the city of Washington, for the county of Washington, and two terms in each year, on the first Mondays of April and November, in the town of Alexandria, for Alexandria county; and that
Two terms in
the town of the judge of said court shall have power to hold special terms of said
Alexandria. court in each county whenever it shall seem to him necessary to order Power to hold the same, of which order ten days' previous public notice shall be special terms. given.
Sec. 3. And be it further enacted, That the district attorney, and District attor marshal of the said District, and the clerks of the circuit court in the ney, marshal, said District, for the counties of Washington and Alexandria, respec- the circuit court tively, shall attend the said criminal court in said counties, and perform to attend and all the duties now by law required of them, respectively, in relation to perform their
duties. the criminal business of the circuit court in the said counties, and shall, respectively, receive the same fees and compensation therefor. And Compensation the jurors and witnesses attending said court in the said counties shall of jurors and
witnesses. be entitled to the same compensation they now receive for their attendance in the said circuit court in the said counties respectively.
Sec. 4. And be it further enacted, That all recognizances, present- All cases now ments, indictments, pleas, and criminal prosecutions, and proceedings pending to be whatsoever, and all suits and proceedings for fines and forfeitures and iransferred. on forfeited recognizances, now pending in the said circuit court for the said counties of Washington and Alexandria, respectively, shall be transferred to the said criminal court in the said counties, respectively, and be there proceeded on as they would have been in the said circuit court for said counties, respectively, if this act had not been passed; and all process hereafter issued, or now issued from the said circuit court, for the said counties, respectively, shall be returnable and returned to the said criminal court at the next succeeding term and terms thereof, in the said counties, respectively, and the said criminal court shall have all the jurisdiction in the said counties, respectively, now Jurisdiction. held by the said circuit court in the said counties, respectively, for the trial and punishment of all crimes and offences, and the recovery of all fines, forfeitures, and recognizances.
Sec. 5. And be it further enacted, That the circuit court of the Dis- Writ of error trict of Columbia, or any judge thereof, during the vacation of the court, may be awardshall have power to award a writ of error, in any criminal case what
to the circuit ever, wherein final judgment shall have been pronounced by the criminal court. court for either county in the said District, returnable to the circuit court of that county in which said judgment may be rendered, convicting any person of any crime or misdemeanor, and to reverse said judgment, or remand the case, and order a new trial, or such other proceeding therein, as the nature of the case may require. Sec. 6. And be it further enacted, That to enable the person so con
When execuvicted by the judgment of the said criminal court, to apply for a writ of tion may be
postponed. error, in all cases when the judgment shall be death, or confinement in the penitentiary, the said criminal court shall, on application of the party accused, postpone the final execution thereof, to a reasonable time beyond the next term of said circuit court, not exceeding in any case thirty days after the end of such term of the circuit court. Sec. 7. And be it further enacted, That the said criminal court, in When question
of law may be any case, may with the consent of the person accused, adjourn any ques
adjourned, &c. tion of law to the circuit court of that county, in the District aforesaid, in which the case is depending, which may be there argued and decided, though such accused person be not present.
Sec. 8. And be it further enacted, That there shall be hereafter paid
Fees to the co. to the coroners of the counties of Washington and Alexandria in the roners, jurors,
said district, and to the jurors and witnesses, who may be lawfully sumand witnesses.
moned by them in any inquest, the same fees and compensation as are now paid to the marshal of the said District, and the jurors attending the circuit court in the said county for similar services.
APPROVED, July 7, 1838. STATUTE II. July 7, 1838. CHAP. CXCIII.–An Act to change the time of holding the United States Circuit
Court in the District of East Tennessee and the District of Maryland, Circuit Court Be it enacted by the Senate and House of Representatives of the for East Ten.
United States of America in Congress assembled, That the Circuit 1839, ch. 3.
Court of the United States for the District of East Tennessee, shall be
held at Knoxville, on the third Monday in October, in each and every Circuit Court
year, and the Circuit Courts of the United States for the District of for Maryland. 1843, ch. 74.
Maryland shall be held at Baltimore on the first Monday of November
annually. Recognizances Sec. 2. And be it further enacted, That all recognizances entered entered into, into, and all mesne and final process which have been issued, or which and process is. sued, when and
shall hereafter be issued, returnable to the first term of said Court, shall where returna- be returnable to the term hereby established, and shall have the same ble.
effect as though the said process had originally been made returnable to the term hereby established.
APPROVED, July 7, 1838. Statute II. July 7, 1838. CHAP. CXCIV.-An Act supplementary to an act entitled "An act to increase the
present military establishment of the United States, and for other purposes," approved July fifth, eighteen hundred and thirty-eight.
Be it enacted by the Senate and House of Representatives of the United Act of July 5, States of A.nerica in Congress assembled, That the act to which this is 1838, ch. 162.
a supplement shall be, and the same hereby is explained, limited, and
modified as follows: No back ra. First. Nothing contained in said act shall be so construed as to allow tions shall be allowed.
to any officer additional rations for time past, commonly called back
rations. Chaplains al. Second. The posts at which chaplains shall be allowed shall be limited lowed at only to the number of twenty, and shall be first approved by the Secretary at twenty posts. Assistant quar
War, and shall be confined to places most destitute of instruction.
Third. That so much of said act as requires assistant quartermasters required to be to be separated from the line, shall be, and the same is hereby, repealed. separated from
Fourth. That the number of lieutenants authorized by said act to be the line. Twelve lieute. added and transferred to the Ordnance Department, shall be limited to nants only to be twelve. added.
Fifth. That the monthly pay of a private soldier, raised by said act Pay of a pri. vate soldier. to eight dollars, shall be limited and fixed at seven dollars a month; one
dollar thereof shall be retained, as provided for in said act. Compensation Sirth. That no compensation shall be allowed to officers of the Ento officers of the gineer department for disbursement of public money, while superintend
Commissaries ing public works. not to be sepa- Serenth. That the three assistant commissaries of subsistence authorated from the line.
rized by said act, shall not be separated from the line of the army. Bounty to sol. Eighth. That so much of said act as allows one hundred and sixty diers repealed. acres of land to soldiers who shall have served ten consecutive years Paymaster.
be, and the same is hereby, repealed. General and
Ninth. That the said act shall be so construed as to allow to the PaySurgeon Gene- master General and Surgeon General of the army, the additional rations ral entitled to additional ra
therein granted to officers of the line and staff for every five years'service. tions.
APPROVED, July 7, 1838.
STATUTE 11. CHAP. CCXII.-An Act to restrain the circulation of small notes, as a currency, in July 7, 1838. the District of Columbia, and for other purposes.
Act of July 7,
1838, ch. 185. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, after the Unlawful, after tenth day of April next, it shall be unlawful for any individual, com- 10th April next, pany, or corporation, to issue, pass, or offer to pass, within the District to issue, &c. in
the D. C, any of Columbia, any note, check, draft, bank-bill, or any other paper cur
note, &c. less rency, of a less denomination than five dollars, and if any person or than $5. corporation shall violate the provisions of this section, the person so this section to offending, or, in case of any corporation so offending, the officers of render the offenany such corporation for the time being, shall be liable to indictment ders liable to in
dictment. by the grand jury of the county within the District where the offence shall have been committed; and the person so offending, or the officers of the corporation so offending, shall, on conviction thereof, be fined in Penalty. a sum not exceeding fifty dollars, at the discretion of the court, for every offence; one half of said fine shall be paid to the prosecutor, the Disposition of other half shall be for the use of the county where the offence shall the fine. have been committed : Provided, That should the prosecutor offer him- Proviso. self, or be admitted, as a witness for the prosecution, he shall forfeit all claim to any part of the penalty, and the whole shall go to the county, and the court shall give judgment accordingly; and the person so offending, and the officers of any corporation, shall also be liable to pay the amount of any note, bill, check, draft, or other paper, constituting part of such currency, to any holder thereof, with all costs incident to the protest and legal collection thereof, with fifty per cent. damages for non-payment on demand, to be recovered by action of debt; and in case of judgment for the plaintiff, execution thereon shall be had forthwith; and it shall be the duty of the district attorney of the District of Columbia to commence prosecutions against all persons and every corporation offending against this section, of which he shall have knowledge or probable information; and, in case of corporations, the prosecution shall be against the president or any director or cashier thereof, for the time being; and it shall be the duty of the grand jurors to present all such offences of which they shall have knowledge or probable information; and, that no member of a grand jury shall be ignorant of his duty in this particular, it shall be the duty of the court having cognizance of all offences against this section to give the same in charge to the grand juries at the commencement of the term after the passage of this act.
Sec. 2. And be it further enacted, That from and after the passage Unlawful,after of this act, it shall be unlawful for any individual, company, or corpo
this act, to isration, to issue, de novo, or knowingly to pass, or procure to be issued,
sue, de novo, or passed or circulated, within the District aforesaid, any note, check, knowingly to bank-bill, or other paper medium, of the denomination aforesaid, evi- pass, &c. any dently intended for common circulation, as for and in lieu of small note, &c. of less
than $5. change in gold or silver, or for any other pretence whatever, and which shall be issued and circulated for the first time after the period above limited in this section, under the penalties provided in the foregoing section. APPROVED, July 7, 1838.
STATUTE II. CHAP. CCLXIV.-An Act authorizing the printing of the Madison papers. July 9, 1838. Be it enacted by the Senate and House of Representatives of the
Madison paUnited States of America in Congress assembled, That the Joint Committee on the Library be authorized to cause the Madison papers to be Act of Oct. 14, printed and published; and that a sum not exceeding five thousand dol- 1837, ch. 6.