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executed in due form of law, shall afford a valid title against all persons claiming under the delinquent collectors, or their sureties, aforesaid; and all monies that may remain of the proceeds of such sale, after satisfying the said warrant of distress, and paying the reasonable costs and charges of sale, shall be returned to the proprietor of the lands or real estate sold as aforesaid.

SEC. 17. And be it further enacted, That it shall be lawful for the supervisors of the respective districts, at any time, for good and sufficient cause, to dismiss or discharge each or any collector from office, and to commit the collection of any part of the said tax remaining uncollected, to a new collector; and immediately upon such dismission, and after a notification thereof, in at least two public places in the collection district, by the supervisor, or the surveyor of the revenue for the district, on his behalf, the powers of the collector so dismissed, shall cease and terminate; and if any collector, so dismissed, shall wilfully refuse or neglect to surrender his collection list, and to render a true account of all monies collected, and to pay over the same, according to the directions of the supervisor, each and every such collector shall forfeit and pay a sum not exceeding four thousand dollars, with costs of suit, to be recovered to the use of the United States, in any court having competent jurisdiction: Provided, that nothing herein contained shall be construed to impair the responsibility of any collector, or his sureties, arising under the foregoing provisions of this act.

SEC. 18. And be it further enacted, That each and every collector, who shall exercise, or be guilty of any extortion or oppression, under colour of this act, or shall demand other or greater sums than shall be authorized by law, shall be liable to pay a sum not exceeding three hundred dollars; to be recovered by and for the use of the party injured, with costs of suit, in any court having competent jurisdiction; and each and collector shall, if required, give receipts for all sums by them every collected and retained, in pursuance of this act.

SEC. 19. And be it further enacted, That for collecting the said tax, there shall be allowed and paid, the following sums, and no more, to be retained by the several officers herein after mentioned, in the final settlement of their accounts, respectively; that is to say:-To each supervisor, one half per centum, on the whole amount of the monies by him received and accounted for, under and by virtue of this act;-to every inspector, one fourth per centum, on the whole amount of the monies to be by him received and accounted for, as aforesaid; and to every collector, five per centum, on the whole amount of the monies by him to be received and accounted for, as aforesaid: Provided, that no collector shall receive the said allowance, for, or in respect to any sum for which a warrant of distress shall have been issued by him; and provided also, that no collector who shall refuse or neglect to render, according to this act, any monthy account of monies by him received, as aforesaid, or to pay over the same, as is hereby directed, shall be entitled to, or receive the said allowance, upon all or any of the monies by him collected, within the month for which he shall so refuse or neglect to account and pay over, as aforesaid.

SEC. 20. And be it further enacted, That there shall be allowed to the surveyors of the revenue, respectively, to be paid by the supervisors, respectively, and exhibited in their accounts, as part of the charge of the said collection, for preparing collection lists, and computing the taxes payable by each individual, at the rate of one dollar for every hundred taxables contained in any such list.

SEC. 21. And be it further enacted, That a separate account shall be kept at the treasury of the United States of all monies to be collected and received by virtue of this act; distinguishing the several amounts received from dwelling-houses, from slaves, and from lands, within each

603

Collectors may

the supervisors.
be dismissed by

Penalty on collectors guilty of extortion, &c.

They shall give receipts.

Compensation for collection.

Separate acto be

sury of monies
received by vir.
tue of this act.

counts
kept at the trea-

STATUTE II.

July 16, 1798.

[Repealed.] Augmentation of the regiments

of infantry. 1799, ch. 31. 1802, ch. 9.

Surgeon's

mates.

Additional twelve regi. ments of infantry and six

raised.

troops of light dragoons to be Regiment of dragoons to be

formed.

General and staff officers.

Their pay and subsistence.

Soldiers to be

state, and also distinguishing the amount received in each state from each separate description of dwelling-houses, paying the same rate per

centum.

APPROVED, July 14, 1798.

CHAP. LXXVI.—An Act to augment the Army of the United States, and for other

purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passing of this act, each regiment of infantry in the army of the United States shall consist of one lieutenant-colonel commandant, two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, ten captains, ten lieutenants, ten ensigns, one sergeant-major, one quartermaster sergeant, two senior musicians, forty sergeants, forty corporals, twenty musicians, and six hundred privates; and that the several regiments of infantry now in the service of the United States, be augmented accordingly: Provided always, that the President of the United States may, in his discretion, appoint and distribute such additional number of surgeon's mates, and for such length of time, as the exigencies of the service may require.

SEC. 2. And be it further enacted, That the President of the United States be, and he hereby is authorized to raise, in addition to the present military establishment, twelve regiments of infantry, and six troops of light dragoons, to be enlisted for and during the continuance of the existing differences between the United States and the French Republic, unless sooner discharged; and the said six troops, together with the two troops of dragoons now in service, shall be formed into a regiment, and there shall be appointed thereto one lieutenant-colonel commandant, two majors, one adjutant, one paymaster, one quartermaster, one sergeantmajor, and one quartermaster-sergeant, whose pay and emoluments, as well as those of the cornets respectively, shall be the same as are by law allowed to officers of the same grades in the infantry.

SEC. 3. And be it further enacted, That there shall be two majorgenerals, with two aids-de-camp each; one inspector-general, with the rank, pay and emoluments of a major-general, and two aids-de-camp; three brigadier-generals, in addition to the present establishment; two assistant inspectors (who shall be taken from the line of the army;) one adjutant-general, with one or more assistant or assistants (to be taken from the line of the army), and four chaplains.

SEC. 4. And be it further enacted, That the major-generals respectively shall be entitled to one hundred and sixty-six dollars monthly pay, with twenty dollars allowance for forage monthly, and for daily subsistence fifteen rations, or money in lieu thereof at the contract price; the adjutant-general shall be entitled to the rank, pay and emoluments of a brigadier-general; each chaplain to the pay and emoluments of a major; the aids-de-camp and assistant inspectors shall each be entitled to twenty-four dollars monthly, in addition to their pay in the line, and to four rations of provisions each for their daily subsistence; and whenever forage shall not be furnished by the public, to ten dollars per month in lieu thereof.

SEC. 5. And be it further enacted, That each non-commissioned able bodied, &c. officer, private and musician, who shall hereafter be enlisted for the army of the United States, shall be able bodied, and of a size and age, suitable for the public service, according to the directions, which the President of the United States shall and may establish, and shall be entitled to a bounty of twelve dollars; but the payment of four dollars thereof shall be deferred until he shall have joined the army: and each commissioned officer who shall be employed in the recruiting service, shall

Bounty.

Allowance to

be entitled to receive for each such non-commissioned officer and private, and for each sufficient musician, duly enlisted and mustered, the sum recruiting offof two dollars.

cers.

Pay of men.

Their sub

SEC. 6. And be it further enacted, That the monthly pay of the noncommissioned officers, musicians and privates in the army of the United States, from and after the first day of August next, shall be as follows: cadets, ten dollars, and two rations per day; sergeant-majors, and quartermaster-sergeants, ten dollars; senior musicians, eight dollars; sergeants, eight dollars; corporals, seven dollars; musicians, six dollars; privates, five dollars; artificers to the infantry and artillery, and farriers and saddlers to the dragoons, shall be allowed each the monthly pay of ten dollars. That every non-commissioned officer, private and musician shall receive daily the following rations of provisions, to wit: one pound sistence. and a quarter of beef, or three quarters of a pound of pork, eighteen ounces of bread or flour, a gill of rum, brandy or whiskey, and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and a half of candles to every hundred rations. SEC. 7. And be it further enacted, That the President of the United States be, and he hereby is authorized to appoint a number, not exceed ing four, teachers of the arts and sciences necessary for the instruction of the artillerists and engineers, who shall be entitled to the monthly pay of fifty dollars, and two rations per day.

The President

may appoint the arts and sciences necessary for artillerists and engi

four teachers of

neers.

Troops to take an oath; and

how they shall be governed.

SEC. 8. And be it further enacted, That the officers, non-commissioned officers, musicians and privates raised by virtue of this act, shall take and subscribe the oath or affirmation prescribed by the law, intituled "An act to ascertain and fix the military establishment of the United States," and they shall be governed by the rules and articles of war, which have been or may be established by law, and shall be entitled to the legal emoluments in case of wounds or disabilities received while in actual service, and in the line of duty. And in recess of Senate, the President of the United States is hereby authorized to appoint all the regimental officers may make ap proper to be appointed under this act, and likewise to make appoint-pointments in ments to fill any vacancies in the army, which may have happened during the present session of the Senate.

SEC. 9. And be it further enacted, That there shall be appointed an inspector of the artillery, taken from the line of artillerists and engineers, who shall be allowed thirty dollars per month in addition to his pay in the line, and four rations of provisions for his daily subsistence, and whenever forage shall not be furnished by the public he shall be allowed ten dollars per month instead thereof.

APPROVED, July 16, 1798.

CHAP. LXXVII.—An Act for the relief of sick and disabled Seamen.(a) SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the first day of September next, the master or owner of every ship or vessel of the United States, arriving from a foreign port into any port of the United States, shall, before such ship or vessel shall be admitted to an entry, render to the collector a true account of the number of seamen, that shall have been employed on board such vessel since she was last entered at any port in the United States,-and shall pay to the said collector, at the rate of twenty cents per month for every

The President

the recess.

Inspector of artillery to be appointed.

STATUTE II.

July 16, 1798.

Twenty cents per month to be

deducted from the wages of seamen, coming from a foreign voyage in a ves.

sel of the United States.

(a) The acts passed by Congress, for the relief of sick and disabled seamen, have been: An act for the relief of sick and disabled seamen, July 16, 1798, chap. 77; an act in addition to an act for the relief and protection of American seamen, March 2, 1799, chap. 36; an act for the relief and protection of American seamen, May 28, 1796, chap. 36; an act supplementary to the "act concerning consuls and vice consuls," and for the further protection of American seamen, February 28, 1803, chap. 9.

The same with respect to the coasting trade.

Penalty on the master render. ing a false account of the

same.

Collectors to

the sums received; which shall be expended in relieving

seaman so employed; which sum he is hereby authorized to retain out of the wages of such seamen.

SEC. 2.. And be it further enacted, That from and after the first day of September next, no collector shall grant to any ship or vessel whose enrolment or license for carrying on the coasting trade has expired, a new enrolment or license before the master of such ship or vessel shall first render a true account to the collector, of the number of seamen, and the time they have severally been employed on board such ship or vessel, during the continuance of the license which has so expired, and pay to such collector twenty cents per month for every month such seamen have been severally employed, as aforesaid; which sum the said master is hereby authorized to retain out of the wages of such seamen. And if any such master shall render a false account of the number of men, and the length of time they have severally been employed, as is herein required, he shall forfeit and pay one hundred dollars.

SEC. 3. And be it further enacted, That it shall be the duty of the make returns of several collectors to make a quarterly return of the sums collected by them, respectively, by virtue of this act, to the Secretary of the Treasury; and the President of the United States is hereby authorized, out of the same, to provide for the temporary relief and maintenance of sick or disabled seamen, in the hospitals or other proper institutions now established in the several ports of the United States, or, in ports where no such institutions exist, then in such other manner as he shall direct: Provided, that the monies collected in any one district, shall be expended within the same.

sick and disabled seamen.

Monies unex

nations to be invested in

stock.

SEC. 4. And be it further enacted, That if any surplus shall remain pended, and do- of the monies to be collected by virtue of this act, after defraying the expense of such temporary relief and support, that the same, together with such private donations as may be made for that purpose (which the President is hereby authorized to receive) shall be invested in the stock of the United States, under the direction of the President; and when, in his opinion, a sufficient fund shall be accumulated, he is hereby authorized to purchase or receive cessions or donations of ground or buildings, in the name of the United States, and to cause buildings, when necessary, to be erected as hospitals for the accommodation of sick and disabled seamen.

Provision for building marine hospitals.

Directors of

the marine hos pitals to be appointed.

Their duties.

SEC. 5. And be it further enacted, That the President of the United States be, and he is hereby authorized to nominate and appoint, in such ports of the United States, as he may think proper, one or more persons, to be called directors of the marine hospital of the United States, whose duty it shall be to direct the expenditure of the fund assigned for their respective ports, according to the third section of this act; to provide for the accommodation of sick and disabled seamen, under such general instructions as shall be given by the President of the United States, for that purpose, and also subject to the like general instructions, to direct and govern such hospitals as the President may direct to be built in the respective ports: and that the said directors shall hold their offices during the pleasure of the President, who is authorized to fill up all vacancies that may be occasioned by the death or removal of any of the persons so to be appointed. And the said directors shall render an account of the monies received and expended by them, once in every quarter of a year, to the Secretary of the Treasury, or such other person as the President shall direct; but no other allowance or compensation shall be made to the said directors, except the payment of such expenses as they may incur in the actual discharge of the duties required by this act.

APPROVED, July 16, 1798.

STATUTE II.

CHAP. LXXVIII.-An Act for erecting a Lighthouse at Gay-head, on Martha's July 16, 1798. Vineyard; and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives

Lighthouse to of the United States of America in Congress assembled, That as soon be erected at as the jurisdiction of such land at Gay-head, on the western part of Mar- Gay-head. tha's Vineyard, in the state of Massachusetts, as the President of the United States shall deem sufficient, and most proper for the accommodation of a lighthouse, shall have been ceded to the United States, it shall be the duty of the Secretary of the Treasury to provide by contract, which shall be approved by the President, for building a lighthouse thereon, and for furnishing the same with all necessary supplies; and also, to agree for the salaries and wages of the person or persons who may be appointed by the President, for the superintendence of the same: And the President is hereby authorized to make the said appoint

ments.

SEC. 2. And be it further enacted, That as soon as such land at the New Inlet of Cape Fear river, in the state of North Carolina, as the President of the United States shall deem sufficient and most proper whereon to erect a lighted beacon, shall have been ceded to the United States, together with the jurisdiction thereof, it shall be the duty of the Secretary of the Treasury to provide by contract, for erecting a lighted beacon thereon; and also for placing a buoy in the inlet aforesaid, and for furnishing the same with all necessary supplies.

SEC. 3. And be it further enacted, That for the purposes aforesaid, and also for the payment of such sum as shall be found due to the commissioners of pilotage of the port of Savannah, in the state of Georgia, for erecting a beacon, and placing sundry buoys at the entrance of the said port, on a settlement of their accounts at the treasury, there be appropriated out of any monies in the treasury, not otherwise particularly appropriated, the sum of five thousand seven hundred and fifty dollars: Provided always, that no payment shall be made for erecting the said beacon, until the land whereon the same has been erected, together with the jurisdiction thereof, shall have been ceded to the United States, agreeable to law, and in like manner as has been done in other cases. APPROVED, July 16, 1798.

A lighted bea

con and a buoy the New Inlet of Cape Fear river.

to be fixed at

Appropriation for those purposes, and for a

beacon and buoys at the en

trance of Savan

nah.

Proviso.

STATUTE II.

CHAP. LXXIX.-An Act to enable the President of the United States to borrow July 16, 179. money for the public service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States shall be, and hereby is authorized to borrow, on behalf of the United States, from the Bank of the United States, which is hereby authorized to lend the same, or from any other body or bodies politic or corporate, or from any person or persons and upon such terms and conditions as he shall judge most advantageous for the United States, a sum not exceeding five millions of dollars, in addition to the monies to be received into the treasury of the United States, from taxes, for making up any deficiency in any appropriation heretofore made by law, or to be made during the present session of Congress; and defraying the expenses which may be incurred, by calling into actual service, any part of the militia of the United States, or by raising, equipping and calling into actual service any regular troops, or volunteers, pursuant to authorities vested or to be vested in the President of the United States, by law: Provided, that no engagement nor contract shall be entered into, which shall preclude the United States from reimbursing any sum or sums borrowed at any time after the expiration of fifteen years from the date of

such loan.

[Obsolete.] The President

may borrow five millions of dol

lars.

Reservation

of the right to fifteen years.

reimburse after

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