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 shall be called upon to inspect the hull of any steamboat or vessel, under the provisions of this act, shall, after a thorough examination of the same, give to the owner or master, as the case may be, a certificate, in which shall be stated the age of the said boat or vessel, when and where originally built, and the length of time the same has been running. And he or they shall also state whether, in his or their opinion, the said boat or vessel is sound, and in all respects seaworthy, and fit to be used for the transportation of freight or passengers; for which service, so performed upon each and every boat or vessel, the inspectors shall each be paid and allowed by said master or owner applying for such inspection, the sum of five dollars. SEC. 5. And be it further enacted, That the person or persons who shall be called upon to inspect the boilers and machinery of any steamboat or vessel, under the provisions of this act, shall, after a thorough examination of the same, make a certificate, in which he or they shall state his or their opinion whether said boilers are sound and fit for use, together with the age of said boilers; and duplicates thereof shall be delivered to the owner or master of such vessel, one of which it shall be the duty of the said master and owner to deliver to the collector or surveyor of the port whenever he shall apply for a license, or for a renewal of a license; the other he shall cause to be posted up, and kept 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 paid by the said master or owner applying, the sum of five dollars. Inspectors of the hulls to give the owners or masters a certi ficate, stating the age of the boat, &c. Also a certifi cate as to the soundness of Inspectors of the boilers to make a certifi soundness, &c. of said boilers. Duplicates of said certificate to be given to cate as to the the master or owner, &c. Fee for inspec tion. Hulls to be in often. Boilers inspect SEC. 6. And be it further enacted, That it shall be the duty of the 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 months; and the examination required by the fifth section, at least once in 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 such license, to be recovered in like manner. And it shall be the duty of the owners and masters of the steamboats licensed in pursuance of the provisions of this act to employ on board of their respective boats a competent number of experienced and skilful engineers, and, in case of neglect to do so, the said owners and masters shall be held responsible 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 boat or vessel, or the person or persons charged with navigating said boat or vessel, which is propelled in whole or in part by steam, shall 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 cargo, fuel or passengers, he or they shall open the safety-valve, so as to keep the steam down in said boiler as near as practicable to what it is when the said boat or vessel is under headway, under the penalty of two hundred dollars for each and every offence. SEC. 8. And be it further enacted, That it shall be the duty of the owner and master of every steam vessel engaged in the transportation of freight or passengers, at sea or on the Lakes, Champlain, Ontario, Erie, Huron, Superior, and Michigan, the tonnage of which vessel shall VOL. V.-39 2A2 Competent number of experienced and skilful engineers to be employed. Penalty for failing to do so. Safety-valve to be opened when the vessel stops for any purpose whatever. Penalty. Long-boats or yawls, when and where to be carried by steam-vessels. Penalty. Vessels at sea or on the lakes aforesaid to carry suction-hose, fire engine, &c. Iron rods or chains to be 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 shall forfeit and pay three hundred dollars. SEC. 9. And be it further enacted, That it shall be the duty of the master and owner of every steam vessel employed on either of the lakes mentioned in the last section, or on the sea, to provide, as a part of the necessary furniture, a suction-hose and fire engine and hose suitable to be worked on said boat in case of fire, and carry the same upon each 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 or tiller ropes; and for a failure to do which, they, and each of them, shall forfeit and pay the sum of three hundred dollars. wheel or tiller ropes. Penalty. Signal lights to be carried by vessels running at night. Penalty. How all penalties shall be re covered. Any person employed on board a boat in which life or lives are lost by inattention, &c. shall be guilty of manslaugh ter. Punishment. What shall be sufficient evidence to charge the defendant, in case of the bursting of a boiler, &c. STATUTE II. July 7, 1838. Court to be established in the District of Columbia for the trial of crimes. To be composed of one judge, and styled the criminal court of the D. C. SEC. 10. And be it further enacted, That it shall be the duty of the master and owner of every steamboat, running between sunset and sunrise, 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. SEC. 11. And be it further enacted, That the penalties imposed by this act may be sued for and recovered in the name of the United States, 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. SEC. 12. And be it further enacted, That every captain, engineer, pilot, or other person employed on board of any steamboat or vessel propelled in whole or in part by steam, by whose misconduct, negligence, or inattention to his or their respective duties, the life or lives of any person or persons on board said vessel may be destroyed, shall be deemed guilty of manslaughter, and, upon conviction thereof before any circuit court in the United States, shall be sentenced to confinement at hard labor for a period not more than ten years. SEC. 13. And be it further enacted, That in all suits and actions against proprietors of steamboats, for injuries arising to person or profrom the bursting of the boiler of any steamboat, or the collapse perty of a flue, or other injurious escape of steam, the fact of such bursting, collapse, or injurious escape of steam, shall be taken as full prima facie evidence, sufficient to charge the defendant or those in his employment, with negligence, until he shall show that no negligence has been committed by him or those in his employment. APPROVED, July 7, 1838. CHAP. CXCII.-An Act to establish a criminal court in the District of Columbia. (a) 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 law, a court shall be established in the District of Columbia, for the trial of all crimes and offences against the laws now in force in the said District, and such as may be hereafter enacted, to be composed of one judge, to be appointed by the President of the United States, by and with the consent of the Senate, and to receive, as compensation 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 Columbia. Four terms in the city of Washington. SEC. 2. And be it further enacted, That the said court shall hold four terms in each year, on the first Mondays of December, March, June, 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 marshal of the said District, and the clerks of the circuit court in the said District, for the counties of Washington and Alexandria, respectively, shall attend the said criminal court in said counties, and perform all the duties now by law required of them, respectively, in relation to the criminal business of the circuit court in the said counties, and shall, respectively, receive the same fees and compensation therefor. And the jurors and witnesses attending said court in the said counties shall 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, presentments, indictments, pleas, and criminal prosecutions, and proceedings whatsoever, and all suits and proceedings for fines and forfeitures and 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 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 District of Columbia, or any judge thereof, during the vacation of the court, shall have power to award a writ of error, in any criminal case whatever, wherein final judgment shall have been pronounced by the criminal 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 convicted by the judgment of the said criminal court, to apply for a writ of 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 any case, may with the consent of the person accused, adjourn any question 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 District attor ney, marshal, Compensation of jurors and witnesses. All cases now pending to be transferred. Jurisdiction. Writ of error may be award ed, returnable to the circuit court. When execu tion may be postponed. When question of law may be adjourned, &c. Fees to the co-to the coroners of the counties of Washington and Alexandria in the roners, jurors, and witnesses. STATUTE II. July 7, 1838. Circuit Court for East Tennessee. 1839, ch. 3. Circuit Court for Maryland. 1843, ch. 74. Recognizances entered into, and process is sued, when and where returna ble: STATUTE II. July 7, 1838. said district, and to the jurors and witnesses, who may be lawfully sum- CHAP. CXCIII.—An Act to change the time of holding the United States Circuit Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Circuit 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 year, and the Circuit Courts of the United States for the District of Maryland shall be held at Baltimore on the first Monday of November annually. SEC. 2. And be it further enacted, That all recognizances entered into, and all mesne and final process which have been issued, or which shall hereafter be issued, returnable to the first term of said Court, shall be returnable to the term hereby established, and shall have the same effect as though the said process had originally been made returnable to the term hereby established. APPROVED, 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 America 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 rations shall be allowed. Chaplains al lowed at only twenty posts. Assistant quartermasters not required to be separated from the line. Twelve lieute nants only to be added. Pay of a private soldier. Compensation to officers of the Engineer Dept. Commissaries not to be separated from the line. Bounty to soldiers repealed. PaymasterGeneral and First. Nothing contained in said act shall be so construed as to allow to any officer additional rations for time past, commonly called back rations. Second. The posts at which chaplains shall be allowed shall be limited to the number of twenty, and shall be first approved by the Secretary at War, and shall be confined to places most destitute of instruction. Third. That so much of said act as requires assistant quartermasters to be separated from the line, shall be, and the same is hereby, repealed. Fourth. That the number of lieutenants authorized by said act to be added and transferred to the Ordnance Department, shall be limited to twelve. Fifth. That the monthly pay of a private soldier, raised by said act 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. Sixth. That no compensation shall be allowed to officers of the Engineer department for disbursement of public money, while superintending public works. Seventh. That the three assistant commissaries of subsistence authorized by said act, shall not be separated from the line of the army. Eighth. That so much of said act as allows one hundred and sixty acres of land to soldiers who shall have served ten consecutive years be, and the same is hereby, repealed. 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 therein granted to officers of the line and staff for every five years' service. APPROVED, July 7, 1838. ral entitled to additional ra tions. CHAP. CCXII.-An Act to restrain the circulation of small notes, as a currency, in the District of Columbia, and for other purposes. STATUTE II. July 7, 1838. Act of July 7, 1838, ch. 185. Unlawful, after 10th April next, to issue, &c. in the D. C, any note, &c. less than $5. Violations of this section to render the offenders hable to indictment. Disposition of the fine. Proviso. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, after the tenth day of April next, it shall be unlawful for any individual, company, or corporation, to issue, pass, or offer to pass, within the District of Columbia, any note, check, draft, bank-bill, or any other paper currency, of a less denomination than five dollars, and if any person or corporation shall violate the provisions of this section, the person so offending, or, in case of any corporation so offending, the officers of any such corporation for the time being, shall be liable to indictment 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 other half shall be for the use of the county where the offence shall have been committed: Provided, That should the prosecutor offer himself, 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 of fending, 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 of this act, it shall be unlawful for any individual, company, or corporation, to issue, de novo, or knowingly to pass, or procure to be issued, passed or circulated, within the District aforesaid, any note, check, bank-bill, or other paper medium, of the denomination aforesaid, evidently intended for common circulation, as for and in lieu of small 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. Unlawful, after the passage of this act, to issue, de novo, or knowingly to pass, &c. any note, &c. of less than $5. STATUTE II. July 9, 1838. Madison pa CHAP. CCLXIV.—An Act authorizing the printing of the Madison papers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Joint Committee on the Library be authorized to cause the Madison papers to be printed and published; and that a sum not exceeding five thousand dol- 1837, ch. 6. pers. |