certain causes. Fees of clerk of district court. cases. ed to the trial of courts shall be appropriated to the trial of causes arising under the said constitution and laws; and writs of error and appeals in all such cases shall be made to the supreme court of said Territory the same as in other The said clerk shall receive in all cases the same fees which the clerks of the district courts of the present Territory of New Mexico Proceedings of all courts to be in receive for simlar services, until otherwise prescribed by law. The proEnglish language. ceedings in all courts in said Territory shall be conducted in the English By whom pro- language. All probate judges in the said Territory shall be appointed by bate judges and justices of the the Governor, and all justices of the peace therein shall be appointed by peace to be ap- the justices of the supreme court. pointed. Attorney: His fees and salary. Marshal : SEC. 11. And be it further enacted, That there shall be appointed an attorney for said Territory who shall continue in office for six years, unless sooner removed by the President, who shall receive an annual salary of five hundred dollars, payable quarterly, and the same fees as the attorney general of the present Territory of New Mexico. There shall also be a marshal for the Territory appointed, who shall hold his office for six years, unless sooner removed by the President, who shall execute all process issuing from the said courts when exercising their jurisdiction as district and circuit courts of the Confederate States; he shall perform the duties, be subject to the same regulation and penalties, and be entitled to the same fees as the marshal for the present Territory of New Mexico, and › Compensation. shall, in addition, be paid two hundred dollars annually, as a compensation His duties, fcial oaths, &c. &c. for extra services. Governor, Secre- SEC. 12. And be it further enacted, That the Governor, Secretary, chief tary, chief and as- justice and associate justices, attorney and marshal, shall be nomisociate justices, at nated, and, by and with the advice and consent of Congress or the torney and marshal to be appointed by Senate, appointed by the President of the Confederate States. The Govthe President. ernor and Secretary to be appointed as aforesaid shall, before they act as Each to take of such, respectively, take an oath or affirmation before a district judge or some justice of the peace in the limits of said Territory duly authorized to administer oaths and affirmations, or before the chief justice or some associate justice of the supreme court of the Confederate States, to support the constitution of the Confederate States, and faithfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person before whom the same shall have been taken, and such certificates shall be received and recorded by the said Secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said Governor or Secretary, or some judge or justice of the peace of the Territory, who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the Secretary, to be by him recorded as aforesaid; and afterwards, the like oath or affirmation shall be taken, certified and recorded in such manner and form as may be prescribed by law. The Governor shall receive an annual salary of fifteen hundred dollars as Governor, and five hundred dollars as commissioner of Indian affairs. The salary of the Secretary of the Territory shall be the sum of twelve hundred dollars per annum, payable quarterly. The chief justice and associate justices shall each receive and associate jus- an annual salary of eighteen hundred dollars. All salaries shall be paid quarterly at the Treasury of the Confederate States. The members of the Salaries paid Legislative Assembly shall be entitled to receive four dollars each per day Compensation of during their attendance at the sessions thereof, and four dollars each for members of Legis- every twenty miles travel in going to and returning from the said sessions, lative Assembly. estimated according to the nearest usually travelled route. There shall be Provision for appropriated annually the sum of one thousand dollars, to be expended by the Governor, to defray the contingent expenses of the Territory; Salary of Gover nor. Salary of Secretary. Salary of chief' tioes. quarterly.. contingent expenses. shall also be appropriated annually a sufficient sum to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the Confederate States, to defray the expenses of the Legislative Assembly, the printing of the laws and other incidental expenses; and the Secretary of the Territory shall annually account to the Secretary of the Treasury of the Confederate States for the manner in which the aforesaid sum shall have been expended. SEC. 13. And be it further enacted, That the Legislative Assembly of Where Legisla tive Assembly to the Territory of Arizona shall hold its sessions at La Mesilla, which is hold its sessions. hereby designated as the seat of government' of the said Territory, until Seat of governotherwise provided by law. ment. SEC. 14. And be it further enacted, That a Delegate to the Congress of Delegate to the Confederate States to serve during each Congress, may be elected by sentatives of the House of Repro the voters qualified to elect members of the Legislative Assembly, who Confederate States shall be entitled to such rights and privileges as may be provided by the to be elected. constitution and laws of the Confederate States. The first election shall Time of electing said delegate, &c. be held at such time and places, and be conducted in such manner as the Governor shall appoint and direct; and at all subsequent elections, the time and places, and manner of holding elections shall be prescribed by law. The person having the greatest number of legal votes shall be declared by the Governor to be duly elected, and a certificate thereof shall be given accordingly; and such delegate shall receive mileage at the rate of ten cents per mile, and eight dollars for each day's attendance at the pay. session of Congress. His mileage and SEC. 15. And be it further enacted That temporarily, and until other- Governor may define the judicial wise provided by law, the Governor of said Territory may define the Judi- districts, and ascial districts of said Territory, and assign the judges who may be appointed sign the judges to for said Territory, to the several districts, and also appoint the times and them, &c.; but the places of holding courts in the several counties or sub-divisions in each of Legislative Assembly may alter, modsaid judicial districts by proclamation to be issued by him; but the Leg-ify islative Assembly at their first or any subsequent session may alter, modify such judicial disor organize such judicial districts, and assign the judges, and alter the times tricts, &c. and places of holding the courts as to them shall seem proper and convenient. or organize laws of the C.. SEC. 16. And be it further enacted, That the constitution and all laws, Constitution and of the Confederate States which are not locally inapplicable, shall have the extended over said same force and effect within the Territory of Arizona as elsewhere within Territory. the Confederate States. SEC. 17. And be it further enacted, That the provisions of this act be, Provisions of this act suspended till and are hereby suspended until the President of the Confederate States President shall isshall issue his proclamation, declaring this act to be in full force and oper- sue his proclamaation, and shall proceed to appoint the officers herein provided to be tion and appoint appointed in and for said Territory. APPROVED January 18, 1862. the officers. CHAP. XLV. An Act to provide for raising and organizing, in the State of Missouri, 1862, Jan. 22. additional troops for the provisional army of the Confederate States. The Congress of the Confederate States of America do enact, That President authorthe President be, and he is hereby, authorized to nominate, and by andized to appoint with the advice and consent of Congress, to appoint and commission in major general and brigadier generals the provisional army of the Confederate States, one major general and to the command of such brigadier generals to the command of troops, now and hereafter to troops in Missouri. be raised and organized for the provisional army in the State of Misouri, as he may think proper. Pay. Staf. SEC. 2. All officers appointed under the provisions of this act shall be entitled to receive pay from the date of their respective appointments, The officers ap- and shall be allowed the usual staff appropriate to their rank; and shall pointed to be as- be assigned to the duty of raising and organizing Confederate forces in of ra sing, &c., the Said State, with the view of putting them and their respective commands forces in said state. in the field at the earliest practicable period. signed to the d ty Commencement of act. SEC. 3. This act to take effect from and after its passage. The foregoing act, presented to the President on the 9th of January, 1862, was not approved by him, nor returned to the Congress within ten days (Sundays excepted, after being presented to him; it therefore became a law on the 22d January, 1862. Jan. 22, 1862. Volunteers under pointed. 1801, Dec. 11. Vancancies filled by pro motion ac 1 an Feniority. 1861, May 8. 1861, Deo. 11. CHAP. XLVI-An Act to amend an act entitled “An act to raise an additional military force to serve during the war," approved May eighth, eighteen hundred and sixty-one, und for other purposes. The Congress of the Confederate States of America do enact, That the act of M roh 8, volunteers offering their service under an act entitled "An act to raise 1861, may be ac cepted singly as an additional miltary force to serve during the war," approved May wel as in compa- eighth, eighteen hundred and sixty-one, may be accepted by the Presiales, &c. dent singly as well as in companies, squadrons, battalions or regiments. Field and com- SEC. 2. In all appointments of officers raised under this act, the field pany officers, how and company officers shall be chosen and appointed in the manner prechosen and ap scribed by the act entitled "An act providing for the granting of bounty and furloughs to privates and non-commissioned officers in the provisional army," approved December eleventh, eighteen hundred and sixtyone; and all vacancies occurring in the said offices after the first election ooring to grade made under this act, as well as under the act entitled "An act to raise an additional military force to serve during the war," approved May eighth, eighteen hundred and sixty-one, shall be filled by promotion, according to grade and seniority, as provided in the said act of eleventh December, eighteen hundred and sixty-one, except in case of disability Rule of promo- or other incompetency: Provided, however, That the President be tion may be de-authorized to depart from the prescribed rule of promotion in favor of parted from Cavor of any person any person specially distinguished by his commanding general for extraspecially distin- ordinary merit or some signal act of military skill or gallantry. SEC. 3. Any vacancies occurring in the ranks of companies mustered Vacancies in into the Confederate service for three years or for the war, may be filled certain companies may be filled by by volunteers; and the commander of each of said squadrons, battalions or regiments, organized as aforesaid, may detail one commissioned officer Officers and pri- and one non-commissioned officer, and one or more privates, from each talled to recruit company of his command, with the approval of the brigadier general of for companies. the brigade to which said squadron, battalion or regiment may be attached, to recruit men for said company; so that the same may contain not more Recruits to be than one hundred and twenty-five, rank and file; and the men so recruited mustered at the shall be mustered at the time of enrolment and shall be entitled to transTransportation portation and subsistence, or commutation of subsistence, till they join and subsistence. their respective companies, and to fifty dollars bounty, to be paid at the time of joining the same. guished. volunteers. in vates may be de time of enrolment. Bounty. ision persons as President may SEC. 4. The President be, and he is hereby, authorized to appoint and appoint and com- commission persons as field officers or captains to raise regiments, squadfield officers or cap- rons, battalions or companies, and the individuals comprising the same tains to raise regi- shall be mustered at the time of enrolment, and be entitled to pay, transments, squadrons, portation and subsistence, from the date of the organization of companies; but the officers so appointed by the President shall not be enti &c. Their pay. tled to any pay or allowance until their respective commands be fully organized and reported to the Secretary of War; and said appointments When said ap shall expire if the officer appointed shall not, within a reasonable time, poinments shall expire. not to exceed two months for a company and four months for for a battalion, squadron or regiment, report the corps authorized to be raised by him, organized and ready for duty: Provided, nevertheless, That every Officer to receive officer so commissioned for such purpose, shall receive an appointment proporti ned to the proportioned to the force he recruits: And provided, furthermore, That force be recruits. no enlistments under the commission of captains shall be obligatory, When enlistments unless the number be sufficient to constitute a company. APPROVED January 22, 1862. an appointment under the commissionf captains not obligatory. CHAP. XLVII.-An Act to authorize the appointment of officers of artillery in the January 22, 1862. provisional army and in the volunteer cops. President may army, and in the volunteer corps. The Congress of the Confederate States of America do enact, That the President be, and he is hereby, authorized to appoint, by and with it ficers of artillery ab ve the the advis[cle and consent of Congress, in the provisional army, and in the rank of Captain, volunteer corps, officers of artillery, above the rank of captain, without in the provisional reference to the number of batteries under the actual command of the officers so appointed, not to exceed in number, however, one Brigadier General for every eighty guns, one Colonel for every forty guns, one Lieutenant Colonel for every twenty-four guns, and one Major for every sixteen guns. APPROVED January 22, 1862. CHAP. XLVIII--An Act to amend an aøt, entitled “An act to collect, for distribution, January 23, 1862. the money remaining in the several post-offices of the Confederate Sates, at the time the postal service was taken in charge by said government," approved August thirtieth, eighteen hundred and sixty-one. 1861, Aug. 30. senting claims for postal service extended. Postmaster General to collect and pay over certain remain. The Congress of the Confederate States of America do enact, That Time for prethe time limited in said acts, for presenting claims for postal service, be extended to the first day of July, eighteen hundred and sixty-two. SEC. 2. Be it further enacted, That the Postmaster General be, and he is hereby, authorized to collect, either by draft or collection orders, all balances remaining in the hands of postmasters within the Confed- balances erate States, and which they had not paid over at the time the Confed- ing in the hands of erate States took charge of the postal service. And the Postmaster postmasters. General is hereby authorized to pay over the amounts so collected to any person having claims for postal service rendered since the first day of June, eighteen hundred and sixty-one: Provided, That an accurate account shall be kept in the office of the auditor of the treasury, for the to be kept. Post-Office Department, of all sums collected under this act, which accounts shall show the amount of money collected, the person from whom collected, and the person to whom paid. Account thereof SEC. 3. Be it further enacted, That whatever sum the Postmaster Reinbursement General may collect and pay over, under this act, for postal service out of the treasury rendered since the first day of June, eighteen hundred and sixty-one, paid over. hall be reimbursed out of any money in the treasury to the credit of for the amount How the sum the Post-Office Department; and the sum so reimbursed shall be held as a disposed of. separate and distinct fund, subject to distribution under the act to which reimbursed to be this is an amendment. APPROVED January 23, 1862. January 23, 1862. CHAP. XLIX.--An Act to amend an act entitled "An act to establish a Patent Office, The 49th of and to provide for the granting and issue of patents for new and useful discoveries, approved on the twenty-first day of May, one The Congress of the Confederate States of America do enact, That the act of May 21, section forty-nine of the above recited act be, and the same is hereby, 1861, repealed. repealed. United States in force. Proviso. SEC. 2. And be it further enacted, That every United States patent patents continued that was granted and issued to any person, now a citizen of the Confederate States, or who shall hereafter become so by the accession of new States or Territories, may be revived and continued in full force and effect for the time for which they were originally issued yet unexpired: Provided, Such patents are recorded and a copy of the drawing annexed thereto (if there be a drawing, and if not, a specimen of the compound or other subject matter, as the case may be) and a model also, if the commissioner shall deem it necessary, in the patent office of the Confederate States, within six months after the close of the present war with the United States; otherwise such patents shall remain null and void; and all persons claiming the benefit of this section shall pay to the commissioner of patents, for the use of the patent fund, the sum of ten dollars, and a recording fee, at the rate of ten cents for every hundred words in such patent. That nothing contained in this act, or that to which it is an amendment, shall be construed to recognize any renewal or extension of any patent granted by the United States heretofore Further proviso. made. Provided, however, That the said patentee shall maintain no suit for a violation of his patent, which violation occurred before the filing of a caveat and the deposit of fees required for the revival of said patent in the patent office. vived. Record of as Assignments of SEC. 3. And be it further enacted, That every instrument of writing ench patents re- conveying any interest, whether it be the whole, a part, or to a specified portion of territory, in and to a United States patent, to any person now a citizen of the Confederate States, or who shall hereafter become so by the accession of new States or Territories, and which was executed in good faith, prior to the seventeenth day of April, one thousand eight hundred and sixty-one, shall be revived and continued in full force and effect for the term for which the patent, in which an interest is thus held by a citizen of the Confederate States, was originally issued, yet - unexpired: Provided, Such instrument of writing shall be recorded in signment, deposit the patent office of the Confederate States, within six months after the close of the present war with the United States, and the owner thereof shall deposit in the said office a descriptive drawing of such character as the commissioner shall direct, which shall represent the invention or subject matter of the patent to which such instrument of writing relates, or if the invention be a composition of matter, then, in that case, a specimen of the compound, with a written description of the method of making and using it, and all persons claiming the benefit of this section shall pay to the commissioner of patents, for the use of the patent fund, the of drawing, &c. |