Abbildungen der Seite
PDF
EPUB

authorized to

tain branches of

rage, for the medical and hospital department, for the in the war de quartermaster's department; to be applied to any other partment, of the abovementioned branches of expenditure in the same department: And that the president shall be also The president further authorized to direct a portion of the moneys, ap transfer appro propriated for any of the following branches of expendi- priations for cere ture in the naval department, viz: For provisions, for expenditure in medicine and hospital stores, for repairs of vessels, for partment. clothing; to be applied to any other of the abovementioned branches of expenditure in the same department; and that no transfers of appropriation, from or to other branches of expenditure, shall be hereafter made.

the naval de

be made by the

partments ex

thority of a law,

SEC. 6. And be it further enacted, That no contract No contracts to shall hereafter be made by the secretary of state, or of secretaries of dethe treasury, or of the department of war, or of the navy, cept under auexcept under a law authorizing the same, or under an or an adequate appropriation adequate to its fulfilment; and excepting and except conalso, contracts for the subsistence and clothing of the tracts for subsis army or navy, and contracts by the quartermaster's and quartermas department, which may be made by the secretaries of those departments.

tence, clothing,

ter's department,

No land to be purchased for the U. S. except

SEC. 7. And be it further enacted, That no land shall be purchased on account of the United States, except under authority under a law authorizing such purchase.

[Approved, May 1, 1820.]

An act further to regulate the medical department of the army.*

CHAPTER CXIX.

of law.

assistant apothe

give bonds with

SEC. 1. Be it enacted by the Senate and House of Re-Apothecary and presentatives of the United States of America in Congress caries-general to assembled, That the apothecary-general and assistant Security, &c. apothecaries-general shall severally give bonds to the United States, with good and sufficient security, for the faithful performance of their duties, in such sums as shall be required by the surgeon general of the army, under the direction of the war department.

[Approved, May 8, 1820.]

CHAPTER CXX.

An act to limit the term of office of certain officers therein named, and

for other purposes.

neys, collectors

SEC. 1. Be it enacted by the Senate and House of Re- District attor presentatives of the United States of America in Congress of customs, naval

*The offices of apothecary, and assistant-apothecary-general, are superseded by act of 2d March, 1821-See chapter 122.

navy agents, re

mon ys, regis

fices, paymas.

officers, survey assembled, That, from and after the passing of this act, ors of customs, all district attorneys, collectors of the customs, naval ceives of public officers and surveyors of the customs, navy agents, reters of land of ceivers of public moneys for lands, registers of the land ters, apothecary, offices, paymasters in the army, the apothecary-general, geral and as the assistant apothecaries-general, and the commissarymissary-general general of purchases, to be appointed under the laws of be appointed for the United States, shall be appointed for the term of able at pleasure. four years, but shall be removable from office at plea

sistants, and com

of purchases, to

4 years, remov

Commissions of officers now in

30th Sept 1814,

suing 30th Sept. 1820.

sure.

SEC. 2. And be it further enacted, That the commisoffice, to cease, sion of each and every of the officers named in the first section of this act, now in office, unless vacated by removal from office, or otherwise, shall cease and expire in the manner following: All such commissions, bearing If on or before date on or before the thirtieth day of September, one at their dates en- thousand eight hundred and fourteen, shall cease and expire on the day and month of their respective dates, which shall next ensue after the thirtieth day of September next; all such commissions, bearing date after the said thirtieth day of September, in the year one thousand eight hundred and fourteen, and before the first day of October, one thousand eight hundred and 30th Sept. 1821. sixteen, shall cease and expire on the day and month of their respective dates, which shall next ensue after the thirtieth day of September, one thousand eight hundred All others, four and twenty-one. And all other such commissions shall cease and expire at the expiration of the term of four years from their respective dates.

If after 30th Sept. 1814, and before 1st Oct.

1816, at their dates ensuing

years from their

dates.

The president authorized, from

time to time, to

regulate and in crease the sums in bonds required from offi.

SEC. 3. And be it further enacted, That it shall be lawful 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 regucers of the U. S. late 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. SEC. 4. And be it further enacted, That the commis. in collecting re- sions of all officers employed in levying or collecting the made out and re- public revenue, shall be made out and recorded in the treasury depart treasury department, and the seal of the said department. ment affixed thereto; any law to the contrary notwith

Commissions of officers employed

venue to be

corded at the

dent's signature before scaling.

standing: Provided, That the said seal shall not be af- Proviso; presi fixed to any such commission before the same shall have been signed by the president of the United States.

[Approved, May 15, 1820.]

CHAPTER CXXI.

An act providing for the better organization of the treasury department.*

president, as

perintend suits,

SEC. 1. Be it enacted by the Senate and House of Re- An officer, to be presentatives of the United States of America in Congress designated by the assembled, That it shall be the duty of such officer of agent, of the the treasury department as the president of the United treasury, to su States shall, from time to time, designate for that pur- &c. for the recopose, as the agent of the treasury, to direct and superin- &c for the use tend all orders, suits, or proceedings, in law or equity, for the recovery of money, chattels, lands, tenements, or heriditaments, in the name, and for the use, of the United States.

very of money,

of the U. States,

1820, officers remoney before it treasury, and

ceiving public

is paid into the

failing to ac

count.

troller to state

SEC. 2. And be it further enacted, That, from and af- After 30th Sept. ter the thirtieth day of September next, if any collector of the revenue, receiver of public money, or other officer, who shall have received the public money before it is paid into the treasury of the United States, shall fail to render his account, or pay over the same in the manner, or within the time, required by law, it shall be the duty of the first comptroller of the treasury to cause to The 1st comp be stated the account of such collector, receiver of pub- and certify the lic money, or other officer, exhibiting truly the amount amount due. due to the United States, and certify the same to the agent of the treasury, who is hereby authorized and required to issue a warrant of distress against such de- And the agent to linquent officer and his sureties, directed to the marshal of distress aof the district in which such delinquent officer and his gainst delinsurety or sureties shall reside; and where the said offi- ties, to the mar cer and his surety or sureties shall reside in different districts, or where they, or either of them, shall reside in a district other than that in which the estate of either may be situate, which may be intended to be taken and sold, then such warrant shall be directed to the marshals of such districts, and to their deputies, respectively; therein specifying the amount with which such

*This act contains provisions, in much detail, relating to accountability, very interesting, if not necessary, to all disbursing officers of the army. It was, therefore, deemed advisable to insert it at large.

issue a warrant

quent and sure

shal.

ty to proceed to

sale of goods and

quent.

more public

places, &c.

insufficient, the

Warrant remain.

shal may pro

&c.

of sale, at two or more public places, &c.

delinquent is chargeable, and the sums, if any, which Marshal or depu- have been paid. And the marshal authorized to execute levy and collect, such warrant shall, by himself or by his deputy, proby distress and ceed to levy and collect the sum remaining due, by chattels of delin- distress and sale of the goods and chattels of such deTen days' notice linquent officer, having given ten days' previous notice of sale, at two or of such intended sale, by affixing an advertisement of the articles to be sold at two or more public places in the town or county where the said goods or chattels were taken, or in the town or county where the owner of such goods or chattels may reside; and if the goods Goods, &c. being and chattels be not sufficient to satisfy the said warrant, person of the of the same may be levied upon the person of such officer, ficer is liable, &c. who may be committed to prison, there to remain until discharged by due course of law. Notwithstanding the ing unsatisfied commitment of such officer, or if he abscond, or if goods by proceedings and chattels cannot be found sufficient to satisfy the said against delin quent, the mar warrant, the marshal or his deputy may and shall proceed against the ceed to levy and collect the sum which remains due by sureties' goods, such delinquent officer, by the distress and sale of the goods and chattels of the surety or sureties of such offiTen days' notice cer, having given ten days' previous notice of such intended sale, by affixing an advertisement of the articles to be sold, at two or more public places in the town or county where the said goods or chattels were taken, or in the town or county where the owner of such goods or chattels resides. And the amount due by any such officer as aforesaid shall be, and the same is hereby declared to be, a lien upon the lands, tenements, and heriditaments, of such officer and his sureties, from the date of a levy in pursuance of the warrant of distress issued against him or them, and a record thereof made in the office of the clerk of the district court of the proper district, until the same shall be discharged according to law. And for want of goods and chattels of such goods. &c. lands, officer, or his surety or sureties, sufficient to satisfy any &c. may be sold. warrant of distress issued pursuant to the provisions of this act, the lands, tenements, and heriditaments, of such officer, and his surety or sureties, or so much thereof as may be necessary for that purpose, after being advertised Three weeks' no- for at least three weeks in not less than three public places in the county or district where such real estate is situate, prior to the time of sale, may and shall be sold by the marshal of such district or his deputy; and for all lands, tenements, or heriditaments, sold in pursuance of the Conveyance of authority aforesaid, the conveyance of the marshals or give a valid title their deputies, executed in due form of law, shall give

Amount due by

delinquent officer a lien upon lands, &c. of

himself and sure

ties, from the date of a levy, &c.

For want of

tice of sale of lands, &c. at three public

places.

the marshal to

to lands sold, &c.

after satisfying

costs, to be re

quent officers or

a valid title against all persons claiming under such delinquent officer, or his surety or sureties. And all mo- Remainder of neys which may remain of the proceeds of such sales, proceeds of sale after satisfying the said warrant of distress, and paying warrant and the reasonable costs and charges of the sale, shall be turned to delin returned to such delinquent officer or surety, as the case sureties. may be: Provided, That the summary, process herein Proviso; summa. directed shall not affect any surety of any officer of the process not to United States who became bound to the United States fore this act. before the passing of this act; but each and every such officer shall, on or before the thirtieth day of Septem- officers to give ber next, give new and sufficient sureties for the per- the 30th Sept. formance of the duties required of such officer.

affect sureties be

new sureties by

1820.

1820, officers em

neys, being de

dering account

&c. the first or

and certify the

agent of the trea

against them by

SEC. 3. And be it further enacted, That, from and after After 30th Sept. the thirtieth day of September next, if any officer employed to disployed, or who has heretofore been employed, in the burse public mocivil, military, or naval departments of the government, linquent, in rento disburse the public money appropriated for the ser- or paying over, vice of those departments, respectively, shall fail to second comprender his accounts, or to pay over, in the manner, and troller to state in the times, required by law, or the regulations of the accounts, and the department to which he is accountable, any sum of sury to proceed money remaining in the hands of such officer, it shall warrant of dis. be the duty of the first or second comptroller of the tress, &c. treasury, as the case may be, who shall be charged with the revision of the accounts of such officer, to cause to be stated and certified, the account of such delinquent officer, to the agent of the treasury, who is hereby authorized and required immediately to proceed against such delinquent officer, in the manner directed in the preceding section, all the provisions of which are hereby declared to be applicable to every officer of the government charged with the disbursement of the public money, and to their sureties, in the same manner, and to the same extent, as if they had been described and enumerated in the said section: Provided, nevertheless, That Proviso; the agent, with a the said agent of the treasury, with the approbation of age of the the secretary of the treasury, in cases arising under secretary of the this or the preceding section, may postpone, for a rea- postpone prosonable time, the institution of the proceedings required by this act, where, in his opinion, the public interest will sustain no injury by such postponement.

treasury, may

ceedings, &c.

ed may prefer a

to a district

SEC. 4. And be it further enacted, That if any per- Persons aggriev son should consider himself aggrieved by any warrant bill of complaint, issued under this act, he may prefer a bill of complaint judge, e to any district judge of the United States, setting forth therein the nature and extent of the injury of which he

« ZurückWeiter »