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When appeals
on petition,
&c. have been

directed, and

the order of

the judge has been filed, &c.

Obsolete.

Vol. iii. p.
1651. 1711.
2007.
Vol.iv. p.2336.
2391. 2529.

Horses killed

in battle, or dying from

wounds, &c.

Horses lost by the owners' being dismounted or detached, by order, &c.

Horses, mules,

carts, boats,

ness, lost in

service, except, &c.

his order, to be directed to the clerk of the county in which the proceedings shall have been had, direct such appeal to be allowed, or writ of error to be issued; which shall be done accordingly. 3. That when any appeal or writ of error shall have been directed in the manner prescribed by the second section of this act, and the order of the judge of the supreme court aforesaid thereon shall have been filed in the office of the clerk of the proper county, within thirty days after the end of the term at which the judgment, order, or decree, to be affected by such writ of error or appeal, shall have been rendered or made, such writ of error or appeal shall operate as a supersedeas of all proceedings under such judgment, order, or decree. [Approved, April 2, 1816.]

CHAP. 40. An act to authorize the payment for property lost, captured, or destroyed, by the enemy, while in the military service of the United States, and for other purposes.

1. Be it enacted, &c. That any volunteer, or drafted militia man, whether of cavalry, mounted riflemen, or infantry, who, in the late war between the United States and Great Britain, has sustained damage by the loss of any horse which has been killed in battle, or which has died in consequence of a wound therein received, or in consequence of failure on the part of the United States to furnish such horse with sufficient forage while in the military service of the United States, shall be allowed and paid the value thereof.

2. That any person, whether of cavalry, mounted militia, or volunteers, who, in the late war aforesaid, has sustained damage by the loss of a horse, in consequence of the owner being dismounted, or separated and detached from the same, by order of the commanding officer, or in consequence of the rider being killed or wounded in battle, shall be allowed and paid the value of such horse at the time he was received into public service.

3. That any person who, in the late war aforesaid, has sustainoxen, wagons, ed damage by the loss, capture, or destruction, by an enemy, of any sleighs, or har- horse, mule, ox, wagon, cart, boat, sleigh, or harness, while such the military property was in the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner, if it shall appear that such loss, capture, or destruction, was without any fault or negligence on the part of the owner; and any person who, during the time aforesaid, has sustained damage by the death of any such horse, mule, or ox, in of consequence of the failure on the part of the United States to furnish the same with sufficient forage, while in the service aforesaid; shall be allowed and paid the value thereof.

Horses, &c.

whose death

was occasion

ed by want forage, to be paid for.

Persons who furnished

themselves

and have sus

§ 4. That any person who, in the time aforesaid, has acted in the military service of the United States, as a volunteer or draftwith arms, &c. ed militia man, and who has furnished himself with arms and tained dam- military accoutrements, and has sustained damage by the capture or destruction of the same, without any fault or negligence on his part, shall be allowed and paid the value thereof.

age, &c.

Property impressed, &c.

5. That where any property has been impressed, or taken and destroyed, by public authority, for the use or subsistence of the army, dur

ing the late war, and the same shall have been destroyed, lost, or lost, or con-consumed, the owner of such property shall be paid the value sumed, to be. thereof, deducting therefrom the amount which has been paid, or ducting, &c. may be claimed, for the use and risk of the same, while in the service aforesaid.

paid for, de

tion where the

faction, &c.

pensation to

§ 6. That nothing in this act contained shall be so construed No compensaas to enable the owner of any such property, or his legal repre-owner has sentatives, to receive compensation for such loss or damage as received satisabove mentioned, where the owner of such property, or his legal representatives, may have recovered or received satisfaction for such loss from the persons who may have taken or impressed such property into the public service; and that every person Persons claiming such compensation shall, at the time of receiving the claiming comsame, release all claims he may have against the officer or person release all who may have impressed, taken, or used, such property in the claims. public service; and that, in all cases where the owner of such Where the property, or his legal representative, may have recovered or re- owner of the ceived satisfaction for such loss or injury, from the person who recovered shall so have taken such property into the public service, the from individusaid officer or person, who shall so have paid such loss or damage, shall be entitled to receive the compensation provided by this act for such loss or damage.

property has

als, &c.

7. That the accountant of the war department, in adjust- At the rate of ing and settling the accounts of the different paymasters, is here- 40 cents per day for each by authorized to allow to the officers of volunteer cavalry, who horse furnishfurnished their own horses while in public service, at the rate of ed themselves by officers of forty cents per day for each horse so furnished, which any such volunteer cav officer was entitled by law to keep in such service, agreeably to alry, &c.

the rank of such officer.

day for each

privates in the

§ 8. That when any officer, noncommissioned officer, or pri- 40 cents per vate, in the cavalry service, as aforesaid, having lost the horse or horse on which horses which may have been taken by him into the said service, has officers and received from the United States another horse or horses, in lieu, cavalry ser or in part payment, for the horse or horses so previously lost as vice, may have aforesaid, such officer, noncommissioned officer, or private, shall be entitled to receive the allowance of forty cents per day, for the use and risk of the horse on which he may have been so remounted.

been remount

9. That any person who, in the time aforesaid, has sustained Houses occudamage by the destruction of his or her house or building by the deposits ry deposites, enemy, while the same was occupied as a military deposite, un- and destroyed der the authority of an officer or agent of the United States, shall by the enemy. be allowed and paid the amount of such damage: Provided, It The loss, destruction, and shall appear that such occupation was the cause of its destruction. value, of pro$10. That the loss or destruction, as aforesaid, as well as the porty, to be ascertained by value, of such property, shall be ascertained by the best evi- the best evidence which the nature of the case will admit of, and which may be in the power of the party to produce; and the amount thereof, when established and ascertained, according to the provisions of this act, shall be paid to the sufferer or sufferers, out of any money in the treasury not otherwise appropriated.

dence.

§ 11. That, for the more speedy execution of the provisions of The president, this act, the president of the United States, by and with the ad- commissioner

to appoint a

His duty.

2,000 dolls.

vice and consent of the senate, is hereby authorized to appoint one commissioner, whose duty it shall be to decide upon all cases arising under this act, and who, in the discharge of his duties, shall be subject to such rules and regulations as shall be prescribed by the president of the United States. Such commissioner shall receive, as compensation for his services, at the rate the commis- of two thousand dollars per annum, for the time he shall be acsioner. tually employed, which shall not exceed two years, to be comOfficial computed from and after the passage of this act. All official comfree of post- munications, to and from the commissioner appointed under this act, shall be free of postage.

per ann. compensation to

munications

age.

Commissioner to take an oath.

oath.

to appoint a

clerk, and es

&c.

12. That the said commissioner, so to be appointed, before he enters upon the duties of his office, shall take the following Form of the oath, to wit: "I, A B, do solemnly swear, that I will well and truly, according to the best of my abilities, discharge the duties of commissioner under an act of congress, entitled "An act to authorize the payment for property lost, captured, or destroyed, by the enemy, while in the military service of the United States, Commissioner and for other purposes; so help me God." Upon which he shall proceed to appoint a clerk; and shall proceed, with all practicatablish rules, ble despatch, to establish, under the direction, or with the assent, of the president of the United States, such rules, as well in regard to the receipt of applications of claimants to compensation for losses provided for by this act, as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, as shall, in his opinion, be the best calculated to attain the objects of this act, paying a due regard, in the establishment of such regulations, as well to the claims of individual Rules, &c. to justice as to the interest of the United States; which rules and be published regulations shall, upon his adoption, be published, for eight weeks successively, in the newspapers in the several states and territories in which the laws of the United States are published.

in the newspa

pers.

Where the

claim exceeds 200 dolls. a

13. That the said commissioners shall, in all cases in which the claim to compensation or indemnity shall exceed the sum of commission is two hundred dollars, award a commission to some one or more &c. for exam- discreet commissioner in the vicinity of where the witnesses are ination of wit stated to reside, accompanied by interrogatories to be propound

to be awarded,

nesses.

of the com

a book by the

ed to such witnesses; which said commission, when executed, shall be returned, together with the examinations to be taken in virtue thereof, by mail, free of postage, to the office of the said commissioner.

Adjudications 14. That in all adjudications of the said commissioner upon missioner to the claims above mentioned, whether such judgment be in favor be entered in of, or adverse to, the claim of the applicant, the same shall be clerk. entered by his clerk in a book to be provided for that purpose: Payments to And when such judgment shall be in favor of such claim, shall certified co- entitle the claimant, or his legal representative, upon the propies of judg- duction of a copy of such judgment, duly certified by the clerk of said commissioner, to payment of the amount thereof at the treasury of the United States.

be made upon

ments.

Claims barred unless pre

sented within two years.

15. That no claim authorized by this act shall be allowed or paid, unless the same shall be exhibited within two years from the passing hereof. [Approved, April 9, 1816.]

CHAP. 41. An act to repeal the act, entitled "An act to provide additional revenues for de- Vol. ii. p. fraying the expenses of government and maintaining the public credit, by laying duties on 1478. household furniture and on gold and silver watches."

duties on

niture, and on

§ 1. Be it enacted, &c. That so much of the act, entitled "An So much of act to provide additional revenues for defraying the expenses of the act laying government and maintaining the public credit, by laying duties household furon household furniture and on gold and silver watches," as lays watches, &c. a duty on household furniture, and on watches kept for use, in repealed. the year one thousand eight hundred and sixteen, and in succeeding years, shall be, and the same is hereby, repealed. [Approved, April 9, 1916.]

CHAP. 43. An act in addition to an act to regulate the post office establishment.

Repealed. Vol. iii. p.

vol iv. p.

age after the

§ 1. Be it enacted, &c. That, from and after the first day of 1985. 2066. May next, the following rates of postage be charged upon all let- 2464. ters and packets, (excepting such as are now excepted by law) Regulation of conveyed by the posts of the United States, viz: For every let- postage after 1st May, ter composed of a single sheet of paper, conveyed not exceed- 1816. ing thirty miles, six cents; over thirty and not exceeding eighty, Rates of postten cents; over eighty and not exceeding one hundred and fifty, 1st May, 1816. twelve and a half cents; over one hundred and fifty and not exceeding four hundred, eighteen and a half cents; over four hundred miles, twenty-five cents; and for every double letter, or letter composed of two pieces of paper, double those rates; and for every triple letter, or one composed of three pieces of paper, triple those rates; and for every packet composed of four or more pieces of paper, or one or more other articles, and weighing one ounce avoirdupois, quadruple those rates; and in that proportion for all greater weights: Provided, That no packet of letters conveyed by the water mails shall be charged with more than quadruple postage, unless the same shall contain more than four distinct letters. No postmaster shall be obliged to receive, Weight of to be conveyed by the mail, any packet which shall weigh more packets rethan three pounds; and the postage marked on any letter or Evidence of packet, and charged in the post bill which may accompany the lawful postsamé, shall be conclusive evidence, in favor of the postmaster age, &c. who delivers the same, of the lawful postage thereon, unless such letter or packet shall be opened in presence of the postmaster or his clerk. Every four folio pages, or eight quarto pages, or Pamphlets, sixteen octavo pages, of a pamphlet or magazine, shall be con- magazines, sidered sheet, and the surplus pages of any pamphlet or magazine shall also be considered a sheet, and the journals of the legislatures of the several states, not being stitched or bound, shall be liable to the same postage as pamphlets. Any memorandum Memoranwhich shall be written on a newspaper, or other printed paper, on newspaand transmitted by mail, shall be charged letter postage; and pers, &c. to be charged any person who shall deposite such memorandum in any office with letter for the purpose of defrauding the revenue, shall forfeit, for every such offence, the sum of five dollars.

stricted.

&c.

dums written

postage; and

five dolls. penalty for, &c.

The postmas

2. That the postmaster general be, and is hereby, authorized to allow to each postmaster such commission on the posta- ter general to

masters.

allow commis- ges by him collected as shall be adequate to his services: Prosions to post- vided, That his commission shall not exceed the following seveProviso; lim- ral rates on the amount received in one quarter; that is to say: iting the com- On a sum not exceeding one hundred dollars, thirty per cent. allowed. On any sum over and above the first hundred dollars, and not

missions to be

commissions

to postmas

ters.

exceeding four hundred dollars, twenty-five per cent. On any sum over and above the first four hundred dollars, and not exceeding two thousand four hundred dollars, twenty per cent. On any sum over and above the first two thousand four hundred Limitation of dollars, eight per cent. Except to the postmasters who may be employed in receiving and despatching foreign mails, whose compensation may be augmented not exceeding twenty-five dollars in one quarter; and excepting to the postmasters at offices where the mail is regularly to arrive between the hours of nine o'clock at night and five o'clock in the morning, whose commission, on the first hundred dollars collected in one quarter, may be increased to a sum not exceeding fifty per cent. The postmaster general may allow to the postmasters, respectively, a commission of fifty per cent. on the moneys arising from the postage of newspapers, magazines, and pamphlets; and to the postmaster whose compensation shall not exceed five hundred dollars in one quarter, two cents for every free letter delivered out of the office, excepting such as are for the postmaster himself; and each postmaster who shall be required to keep a register of the arrival and departure of the mails, shall be allowed ten cents for each monthly return which he makes thereof to the general post office. The postmaster general may allow to the postmaster at New Orleans, at the rate of eight hundred dollars, and to the postmaster at Warrenton, in North Carolina, at the rate of two hundred dollars, and to the postmaster at Wheeling, in Virginia, at the rate of two hundred dollars, a year, in addition to their ordinary commissions. The postmaster general is hereby authorized to allow to the postmaster at the city of Washington, in addition to the allowance made by this act, for postage collected, and for free letters received by him for delivery, a commission of five per centum on the amount of mails distristricting the of buted at his office: Provided, nevertheless, That the whole annuthe postmaster al emoluments of the said postmaster, including the extra comWashington. pensation heretofore allowed to him by law, shall always be subject to the restriction imposed by the fortieth section of the act of congress approved the thirtieth of April, one thousand eight hundred and ten, to which this act is in addition.

Proviso; re

emoluments

at the city of

Vol. ii. p.

1156.

Members of congress, &c. may frank letters for thirty days before and after a session.

Proviso; re

§ 3. That letters and packets to and from any member of the senate, or member or delegate of the house of representatives of the United States; the secretary of the senate, and clerk of the house of representatives, shall be conveyed free of postage, for thirty days previous to each session of congress, and for thirty days after the termination thereof: Provided always, That no letThe 11th and ter or packet shall exceed two ounces in weight; and in case of of act of April excess of weight, that excess alone shall be paid for.

stricting the weight of letters, &c.

28th sections

30, 1810, re- 4. That the eleventh and twenty-eighth sections of the act, pealed. entitled "An act regulating the post office establishment," ap1156. proved April thirtieth, one thousand eight hundred and ten,

Vol. ii. p.

and

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