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35.

ment express

STATUTE I.

Chap. II.--
An Act
for the government of persons in certain

fisheries. June 19, 1813.

Be it cnacted by the Senate and House of Representatives of the Act of July United States of America in Congress assembled, That the master or 29, 1813, chap. skipper of any vessel of the burthen of twenty tons or upwards, qualified

according to law for carrying on the bank and other cod fisheries, bound

from a port of the United States to be employed in any such fishery, at Agreements sea, shall, before proceeding on such fishing voyage, make an agreement with fishermen in writing or print with every fisherman who may be employed therein, siinctions to be (except only an apprentice or servant of himself or owner,) and, in addimade. tion to such terms of shipment as may be agreed on, shall in such agree

whether the same is to continue for one voyage or for the fishing season, and shall also express, that the fish or the proceeds of such fishing voyage or voyages, which may appertain to the fishermen, shall be divided among them in proportion to the quantities or number of said fish which they may respectively have caught; which agreement shall be

endorsed or countersigned by the owner of such fishing vessel or his Fishermen agent. And if any fisherman, having engaged himself for a voyage or neglecting their duty.

for the fishing scason, in any fishing vessel, and signed an agreement therefor as aforesaid, shall thereafter and while such agreement remains

in force and to be performed, desert or absent himself from such vessel Act of July without leave of the master or skipper thereof, or of the owner or his 20, 1790, chap. agent, such deserter shall be liable to the same penalties as deserting . 29, sec. 7.

seamen or mariners are subject to in the merchant service, and may in the like manner, and upon the like complaint and proof, be apprehended and detained; and all costs of process and commitment, if paid by the master or owner, shall be deducted out of the share of fish, or proceeds

of any fishing voyage to which such deserter had or shall become enti. Conditions to tled. And any fisherman, having engaged himself as aforesaid, who which they be- shall during such fishing voyage refuse or neglect his proper duty on come subject.

board the fishing vessel, being thereto ordered or required by the master or skipper thereof, or shall otherwise resist his just commands to the hinderance or detriment of such voyage, besides being answerable for all damages arising thereby, shall forfeit to the use of the owner of such vessel his share of any public allowance which may be paid upon such

voyage. Fishing ves- Sec. 2. And be it further enacted, That where an agreement or consels to continue tract shall be so made and signed for a fishing voyage or for the fishing of the hands for season, and any fish which may have been caught on board such vessel six months after during the same, shall be delivered to the owner or to his agent for cure, sale of fish.

and shall be sold by said owner or agent, such vessel shall, for the term of six months after such sale, be liable and answerable for the skipper's and every other fisherman's share of such fish, and may be proceeded against in the same form and to the same effect as any other vessel is by

law liable and may be proceeded against for the wages of seamen or Just accounts mariners in the merchant service. And upon such process for the value of sales to be of a share or shares of the proceeds of fish delivered and sold as aforeproduced, otherwise the said it shall be incumbent on the owner or his agent to produce a just vessel answer- account of the sales and division of such fish according to such agreeable.

ment or contract; otherwise the said vessel shall be answerable upon such process for what may be the highest value of the share or shares demanded. But in all cases the owner of such vessel or his agent, appearing to answer to such process, may offer thereupon his account of general supplies made for such fishing voyage and of other supplies therefor made to either of the demandants, and shall be allowed to produce evidence

thereof in answer to their demands respectively; and judgment shall be If vessel sued

for the respective balances which upon such the owner may an inquiry shall appear: Provided always, That when process shall be give bond. issued against any vessel liable as aforesaid, if the owner thereof, or his

rendered upon

such process

agent, will give bond to each fisherman in whose favour such process shall be instituted with sufficient security, to the satisfaction of two justices of the peace, one of whom shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel : Provided, That nothing herein contained shall prevent any fisherman from having his action at common law for his share or shares of fish or the proceeds thereof as aforesaid.

APPROVED, June 19, 1813.

Remedy at common law to be preserved.

STATUTE I.

CHAP. IV.-An Act to amend the act in addition to the act, entitled " An act to July 5, 1813. raise an additional military force, and for other purposes.”

[Obsolete.) Be it enacted by the Senate and House of Representatives of the Act of JanuaUnited States of America in Congress assembled, That five of the regi- 29 1813, ments which were authorized to be raised by an act in addition to the Act of March act, entitled “ An act to raise an additional military force, and for other 3, 1815, ch."79. purposes," passed the twenty-ninth day of January, one thousand eight

Five of the hundred and thirteen, may, at the discretion of the President of the ly authorized to

regiments lateUnited States, be enlisted for and during the war, unless sooner dis- be raised may charged, and be limited as to service to the defence of the sea board of be enlisted for

the war. the United States, or of such part thereof as the President may elect and determine.

Sec. 2. And be it further enacted, That each man recruited under the Bounty, &c. authority of this act, be allowed the same bounty in money and land as &c. to recruits. is allowed by law to men enlisted for five years or for the war, and that the officers, non-commissioned officers, musicians and privates, shall receive the same pay, clothing, subsistence and forage, be entitled to the same benefits, be subject to the same rules and regulations, and be placed in every respect on the same footing as the other regular troops of the United States.

APPROVED, July 5, 1813.

STATTE I.

CHAP. VI.-An Act authorizing the President of the United States to cause to be July 5, 1813. built barges for the defence of the ports and harbours of the United States.

Repealed by Be it enacted by the Senate and House of Representatives of the act of February United States of America in Congress assembled, That for the protection of the ports and harbours of the United States, the President shall cause A number of to be built, without delay, such number of barges as he may deem neces- barges to be sary, to be armed, equipped, and manned as he may direct, of a size not less than forty-five feet long, and capable of carrying heavy guns.

Sec. 2. And be it further enacted, That for the purpose aforesaid the Specific apsum of two hundred and fifty thousand dollars be, and ihe same is hereby propriation. appropriated, to be paid out of any money in the Treasury not otherwise appropriated.

APPROVED, July 5, 1813.

STATUTE I.

CHAP. VII. - An Act further extending the time for issuing and locating military

July 5, 1813. land warrants.

(Obsolete.) Be it enacted by the Senate and House of Representatives of the

Act of June United States of America in Congress assembled, That the Secretary of 9, 1794, ch. 62, War be authorized to issue military land warrants to such persons as have 21, 1808, ch.37. Act of Dec. or shall, before the first day of March, one thousand eight hundred and 19, 1809, ch.3: sixteen, produce to him satisfactory evidence of the validity of their tary

warrants claims; which warrants, with those heretofore issued and not yet satismay be issued fied, shall and may be located in the name of the holders or proprietors by the Secre- thereof, prior to the first day of October, one thousand eight hundred and

sixteen, on any unlocated parts of the fifty quarter townships, and the fractional quarter townships reserved by law for original holders of military land warrants. And patents shall be granted for the land located under this act, in the same manner as is directed by former acts for granting military lands.

APPROVED, July 5, 1813.

STATUTE I.

July 13, 1813. CHAP. VIII.-An Act to reward the officers and crew of the sloop of war Hornet;

and Lieutenant Elliott and his officers and companions. Prize money

Be it enacted by the Senate and House of Representatwes of the to the officers United States of America in Congress assembled, That the President of Hornet, and to

the United States be, and he is hereby authorized to have distributed as Lieutenant El- prize money to Captain James Lawrence, late of the sloop of war Hornet, liott, his officers his officers and crew, or their widows and children, the sum of twentyand companions.

five thousand dollars, for the capture and destruction of the British brig Peacock; and to Lieutenant Elliott, and his officers and companions, or their widows and children, the sum of twelve thousand dollars, for the capture and destruction of the British brig Detroit; and that the sum of thirty-seven thousand dollars be, and the same is hereby appropriated to the purpose aforesaid, to be paid out of any money in the Treasury pot otherwise appropriated.

APPROVED, July 13, 1813.

STATUTE I.

July 13, 1813. CHAP. IX.--An Act freeing from postage all letters and packets to and from the

superintendent general of military supplies. (Obsolete.) Privilege of Be it enacted by the Senate and House of Representatives of the franking to su

United States of America in Congress assembled, That all letters and perintendent general of mili- packets to and from the superintendent general of military supplies, tary supplies. which relate to his official duties, shall be free from postage.

APPROVED, July 13, 1813.

STATUTE I.

cases

where

July 13, 1813. CHAP. X.-An Act to relinquish the claims of the United States to certain goods,

wares, and merchandise, captured by private armed vessels. (Obsolete.)

Claim of the Be it enacted by the Senate and House of Representatives of the United States to United States of America in Congress assembled, That all right and claim British

goods which may have accrued to the United States, under an act, entitled relinquished in

"An act to prohibit the commercial intercourse between the United they have been States and Great Britain and France and their dependencies, and for condemned, for other purposes,” and an act, entitled(a) “ An act concerning the comthe captors, &c. mercial intercourse between the United States and Great Britain and

France, and their dependencies, and for other purposes,”(a) and an act supplementary to the last mentioned act,(a) to goods, wares, and merchandise, being the property of British subjects, and shipped from the ports of the United Kingdom of Great Britain and Ireland, since the declaration of war by the United States against that

(a) Act of March 1, 1809, chap. 24.

Act of May 1, 1810, chap. 39.
Act of March 2, 1811, chap. 29.

Kingdom, which have been captured by private armed vessels of the United States, on the high and open seas, and without the territorial limits and jurisdiction of the United States, and have been libelled and claimed, by or in behalf of the owners and other persons interested in the said private armed vessels, in some court of the United States having competent jurisdiction thereof, be, and the same are hereby relinquished in all cases where such goods, wares, and merchandise, being the property of British subjects, and captured as aforesaid, shall have been or shall be condemned as prize of war, for the benefit of the captors, by the final judgment of any court of the United States, having jurisdiction as aforesaid; all suits, libels, or prosecutions instituted or commenced in Suits on bebehalf of the United States, for the recovery of any forfeiture or penalty, half of the accrued by reason of an infraction of any of the three acts first above be discontinumentioned, affecting any goods, wares, or merchandise, the property of ed. British subjects, and which have been captured as aforesaid, and libelled in behalf of the captors, shall be discontinued on payment of the costs accrued on such suits or libels, by or on behalf of the said owner or owners. But in all cases where goods, wares, and merchandise thus libelled, shall Where not not be condemned as aforesaid for the benefit of the captors, the right the benefit of and claim of the United States to the forfeiture of such goods, wares, and the captors, the merchandise, shall, notwithstanding the discontinuance of the suits and rights of the libels in behalf of the said states, remain unimpaired, and such forfeitures United States to

remain. may, after a final decision against the captors, be recovered or remitted in conformity with the provisions of the several laws now in force, in the same manner as if such suits or libels had not been discontinued; Provided, That nothing herein contained shall extend to or embrace any For that in

struction see capture made by such private armed vessels in violation of the additional

post, p. 798. instructions of the President of the United States to the public and private armed vessels thereof, of the twenty-eighth day of August, in the year one thousand eight hundred and twelve, after the captor shall have been apprized thereof, or by any such private armed vessel which was in any port of the United States subsequent to the said proclamation, and prior to such capture. (a)

Sec. 2. And be it further enacted, That no decision which may here- Decision of after be made by the Secretary of the Treasury, under the act, entitled Secretary of, “ An act directing the Secretary of the Treasury to remit fines, forfeitures Treasury not to and penalties in certain cases,” shall be held as affecting the claim of captors, &c. any person or persons claiming as captors any goods, wares, or merchan

Act of Jan.2, dise, the forfeiture of which to the United States shall have been remit- 1813, chap. 7. ted by such decision. Sec. 3. And be it further enacted, That all goods, wares,

and merchandise, captured and libelled as aforesaid, shall pay the same duties, to be secured and collected in the same manner as is provided by the Act of June act“ concerning letters of marque, prizes and prize goods," with respect 26, 1812, chap. to the like goods, wares, and merchandise, when captured from the enemy, and made prize of war.

APPROVED, July 13, 1813.

.

STATUTE I.

CHAP. XI.-An Act to incorporate a company for making a certain turnpike road July 13, 1813.

in the county of Alexandria. Be it enacted by the Senate and House of Representatives of the CommissionUnited States of America in Congress assembled, That William Robin- ers appointed son, Charles Lee, Charles Alexander, Thomas Swan, Robert Conway subscriptions,

for receiving and Philip Richard Fendal, be, and they are hereby appointed a board &c. &c. of commissioners, a majority of whom to constitute a quorum, with full power to receive and enter in such book or books as they may deem proper, by themselves or their agents, subscriptions for raising a capital stock

of eight thousand dollars, in shares of fifty dollars each, for the purpose of opening, gravelling and improving a road in the county of Alexandria, in the District of Columbia, from the intersection of West street and Pendleton street, in the town of Alexandria, to the boundary line of the District of Columbia, in the most direct and practicable route towards Leesburg, conforming as nearly as shall be found advantageous and convenient to the

present main road leading from the said intersection towards Leesburg, Proviso. and through the county of Alexandria aforesaid: Provided, That no sub

scription shall be received unless the sum of five dollars be first paid into the hands of such agent or other person as the said commissioners may authorize to receive it. The times, places and manner of receiving and entering subscriptions shall be prescribed by the said commissioners, and advertised in such gazettes as they may deem expedient; and whenever one hundred shares or more shall be subscribed, the commissioners, or a majority of them, shall give notice in some newspaper printed in the said District of a time and place, to be by them appointed, for the subscribers to proceed to organize the corporation by an election of officers; and all persons who may then be or thereafter may become the proprietors of shares in the said capital stock, either as subscribers for the same or as the legal representatives, successors or assignees of such subscribers,

shall become one body politic and corporate, in deed and in law, by the Corporate name. name and style of the « Alexandria and Leesburg Turnpike Company,” and

by the same name shall have perpetual succession and all the privileges belonging to a corporation ; and shall be capable of taking and holding their said capital stock and the profits thereof, and of enlarging the same by new subscriptions if found necessary to fulfil the intent of this act; and of purchasing, taking and holding to them and their successors and assigns in fee simple, or for any lesser estate, all such lands, tenements and hereditaments and estate, real and personal, as shall be necessary and useful in the prosecution of their work; and of suing and being sued, of having a common seal, and of doing all and every other matter and thing concerning the subject aforesaid, which a corporation or body

politic may do. Annual meet- Sec. 2. And be it further enacted, That the said company shall meet ings for the

on the third Monday in March in every year, at such place as shall choice of directors, officers,

be fixed by their by-laws, for the purpose of choosing such officers as &c. &c. aforesaid for the ensuing year, in manner aforesaid, and at such other

times as they shall be summoned by the president and directors aforesaid; at which annual or special meetings they shall have full power and authority to do and perform any act by law allowed and pertaining to the affairs of said company; and the president and directors for the time being shall hold their offices until others shall be appointed in their places; and the said corporation shall not be deemed to be dissolved by reason of any defect of officers, but if it should happen that there should be no president or directors competent to call a meeting of the stockholders, the same may be called by any stockholder for the purpose of electing such officers, giving thirty days' notice of the time and place of such meeting, by advertisements in a newspaper printed in the District

of Columbia. Printed certi- Sec. 3. And be it further enacted, That the president and directors ficates of shares shall procure printed certificates for all the shares of said stock, and shall to be delivered deliver one such certificate signed by the president, to each person for

Such certifi- every share by him or her subscribed and held, which certificate shall be cates made transferable at his or her pleasure, in person or by attorney, in the pretransferable.

sence of the president, clerk or treasurer of said company, who shall witness the same; subject however, to all payment due or to grow due thereupon; and the assignee holding any such certificate, having caused the assignment to be entered in a book of the company to be kept for that purpose, shall be a member of said company; and for every certifi

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