Officers not to be liable to costs against them, in certain cases. dered in favour of the defendant, or respondent, by the state court; and in any action or prosecution against any person as aforesaid, it shall be lawful for such person to plead the general issue, and give this act and any special matte in evidence. And if in any such suit the plaintiff is non-suit, or judgment pass against him the defendant shall recover double costs. SEC. 9. And be it further enacted, That in any suit or upon judgments prosecution against any person, for any act or thing done as an officer of the customs, or any person aiding or assisting such officer therein, and judgment shall be given against the defendant or respondent, if it shall appear to the court, before which such suit or prosecution shall be tried, that there was probable cause for doing such an act or thing, such court shall order a proper certificate or entry to be made thereof, and in such case the defendant or respondent shall not be liable for costs, nor shall he be liable to execution, or to any action for damages, or to any other mode of prosecution for the act done by him as aforesaid: Provided, That such property or articles as may be held in custody by the defendant, if any, be, after judgment, forthwith returned to the claimant or claimants, his, her, or their, agent or agents. Proviso. No citizen allowed to pass the intercourse with with a regular passport. SEC. 10. And be it further enacted, That no citizen or frontier, or hold person usually residing within the United States, shall be the enemy, but permitted to cross the frontier into any of the provinces or territory belonging to the enemy, or of which he may be possessed, without a passport first obtained from the Secretary of State, the Secretary of War, or other officer, civil or military, authorized by the President of the United States, to grant the same, or from the governor of a state or territory; nor shall any citizen, or person residing as aforesaid, of his own accord, upon any pretence whatsoever, be permitted, without such passport, to go on board of any of the ships, or vessels, or boats, of the enemy, on the lakes, along the seaboard, or elsewhere within the bays, sounds, rivers, or waters of the United States, or to hold any intercourse with such enemy, or with any officer thereof; nor shall any citizen or person residing as aforesaid, be permitted, without such passport, to visit or go to any camp of the enemy established within the limits of the United States, or elsewhere, or to hold any intercourse with the same, or with any officer belonging thereto; and whosoever shall voluntarily offend against any of the prohibitions aforesaid, mentioned in this sec from the enemy's report themselves tion, shall be considered guilty of a misdemeanor, and be liable to be fined in any sum not exceeding one thousand dollars, and to imprisonment for any term not exceeding three years. And every person coming from any of the Persons coming enemy's provinces or territory, into the United States, territories, &c., to shall report himself forthwith, or as soon as practicable forthwith. thereafter, to the military commander, or to the collector, or other chief officer of the customs, where there may be no collector, of the district within which he may first arrive; upon pain, wherever the same is omitted, of being liable to the same prosecution and punishment, as is above provided in cases of unlawful intercourse with the enemy, without the authority of a passport. ing near the fron passport, and un cious circum to security, &c. SEC. 11. And be it further enacted, That any person or Persons hoverpersons found hovering upon the frontier, near any of the tier without a provinces or territory belonging to the enemy, or of which der other suspihe may be possessed, or travelling towards and near the stances, to be held same, at a distance from his or their usual place of abode or residence, and without any lawful business requiring his or their attendance there, and without a passport, shall be liable to be held to security for his or their good behaviour, in the manner pointed out in the fourth section. of this act, as a person or persons suspected, upon probable cause, of being engaged in unlawful trade or intercourse with the enemy: Provided always, That nothing contained in any part of this act shall be construed to alter, in any respect, the law of treason. thorized to em naval force, for cooperating with of cases. SEC. 12. And be it further enacted, That it shall be President aulawful for the President of the United States, or such ploy the land or other person as he shall have empowered for that purpose, ficers of the custo employ, under proper instructions to be by him given, toms in certain in cases of resistance, such part of the land and naval forces of the United States, or of the militia thereof, as shall be judged necessary, for the purpose of aiding and co-operating with the officers of the customs, and all other civil magistrates, in seizing and securing persons engaged, or suspected, upon probable cause as aforesaid, to be engaged, in unlawful trade or intercourse with the enemy as aforesaid, together with the articles or supplies, or vessels, boats, vehicles, or animals, employed as aforesaid, in such trade or intercourse, and searching for and seizing any property subject to duty, or which has been unlawfully imported. Duration of this SEC. 13. And be it further enacted, That this act shall act. continue in force during the continuance of the present Proviso. war between the United States and Great Britain, and no longer: Provided, That the termination of said war shall not be construed to stop or annul any proceedings that may theretofore have been commenced, or concluded, or in any way destroy or impair any rights or privileges accruing under, secured, or given, by virtue of this act, but as applicable to any transaction prior thereto, the same proceedings shall and may be had, as though this act were in full force. APPROVED, February 4, 1815. The claims of owners of wagons have lost horses, [Printed from U. S. Statutes at Large, Vol. 9.] [9 Stats. 154.] CHAP. XXXIX.-An Act to amend an act entitled "An Act to provide for the Payment of Horses or other Property lost and destroyed in the military Service of the United States," approved the eighteenth Day of January, eighteen hundred and thirty-seven. Be it enacted by the Senate and House of Representaand teams who tives of the United States of America in Congress assemetc., provided for. bled, That the above-recited act be so amended as to embrace the claims of all owners of waggons or teams, who sustained or shall sustain damage or injury from the loss of any horse, mule, or wagon, cart, boat, sleigh or harness, while such property was in the military service of the United States either by impressment or contract, and [when] the same has been destroyed or abandoned by the order of the commanding general, the commanding officer, or wagon-master, or otherwise lost or destroyed by unavoidable accident, without any fault or negligence of the owner, and when he was in the line of his duty, such owner shall be allowed and paid the value thereof at the time he entered the service. Deductions in auditing and settling accounts. Act of 18th Jan., 1837, ch. 5, and all SEC. 2. And be it further enacted, That the accounting officers of the treasury, in auditing and settling the claims under this act, and the one to which this is amendatory shall make no other deductions from the claim, on account of former payments, than for the use, and risk, and forage advanced for the horse actually lost by the claimant, and before he was again remounted, or for clothing to which he was not entitled by law. SEC. 3. And be it further enacted, That an act entitled other acts relating "An Act to provide for the Payment of Horses and other to same subject, continued for two Property lost in the military Service of the United years from 3d March, 1847, etc. States," approved the eighteenth of January, eighteen hundred and thirty-seven, and all other acts or parts of acts relating to the same subject, be, and the same are hereby, continued in force for the period of two years from and after the third day of March, eighteen hundred and forty-seven, and nothing contained in any former act shall be so construed by the accounting officers of the treasury as to prevent the presentation and adjustment of all the claims the payment of which is provided for by any of these several acts, within the time above specified. Approved, March 2, 1847. 37639-18- 65 Part VII-STATUTES OF THE CIVIL WAR PERIOD. CONFEDERATE STATUTES.-CIVIL WAR. [Printed from "The Statutes at Large of the Provisional Government of the Confederate States of America, from the institution of the government, February 8, 1861, to its termination, February 18, 1862, inclusive," etc., edited by James M. Matthews, Attorney at Law, and Law Clerk in the Department of Justice, printed by R. M. Smith Printer to Congress, Richmond, 1864; "Public Laws of the Confederate States of America, passed at the First Session of the First Congress; 1862," edited by James M. Matthews, Attorney at Law, and Law Clerk in the Department of Justice, printed by R. M. Smith, Printer to Congress, Richmond, 1862; "Public Laws of the Confederate States of America, passed at the 2nd Session of the 1st Congress; 1862," edited by James M. Matthews, Attorney at Law, and Law Clerk in the Department of Justice, printed by R. M. Smith, Printer to Congress, Richmond, 1862; "Public Laws of the Confederate States of America passed at the 3rd Session of the 1st Congress; 1863," edited by James M. Matthews, Attorney at Law, and Law Clerk in the Department of Justice, printed by R. M. Smith, Printer to Congress, Richmond, 1863; Public Laws of the Confederate States of America, passed at the 4th Session of the 1st Congress, 1863-4," edited by James M. Matthews, Attorney at Law, and Law Clerk in the Department of Justice, printed by R. M. Smith, Printer to Congress, Richmond, 1864; "Public Laws of the Confederate States of America, passed at the 1st Session of the 2nd Congress, 1864," edited by James M. Matthews, Attorney at Law, and Law Clerk in the Department of Justice, printed by R. M. Smith, Printer to Congress, Richmond, 1864.] ACTS PASSED BY THE GRESS, CONFEDERATE PROVISIONAL CON- [P. 106.] May 11, 1861. President authorized to take the control of tele CHAP. IX.-An Act relative to telegraph lines of the Confederate States. The Congress of the Confederate States of America do graph lines. enact, That during the existing war, the President be and he is hereby authorized and empowered to take such control of such of the lines of telegraph in the Confederate States, and of such of the offices connected therewith, as will enable him effectually to supervise the communications passing through the same, to the end that no communications shall be conveyed of the military operations of the government to endanger the success of such operations, nor any communication calculated to injure the cause of the Confederate States, or to give aid and comfort to their enemies. agents to super tions. To appoint SEC. 2. The President shall appoint trustworthy agents vise communica- in such offices, and at such points on the various lines as he may think fit, whose duty it shall be to supervise all communications sent or passing through said lines, and to prevent the transmission of any communication deemed to be detrimental to the public service. 1026 |