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high-water mark, and at least four feet deep. If he fail to do so, he shall forfeit one hundred dollars.
SEC. 12. If a commander of any vessel shall discharge, or cause to be put on shore, any sick or disabled seaman whose term of service has not expired, without making provision for his maintenance, and for proper medical attendance on him, he shall forfeit one hundred dollars.
OF SEAMEN WHO DESERT THEIR VESSEL.
1. Warrant to issue against runaway seamen, &c.
2. When such seamen to be confined in jail. 3. When he may be discharged.
SECTION 1. If any seaman or mariner who is under a contract in writing to serve on board of any merchant vessel, or any apprentice who is lawfully bound to the master or owner of any such vessel, for the purpose of being taught to be a seaman or mariner, shall desert or absent himself without lawful permission from such vessel, any justice of the peace within this District, upon complaint thereof being made by any officer of such vessel, shall issue his warrant to apprehend such seaman, mariner, or apprentice, and bring him before the same or some other justice.
SEC. 2. The justice before whom the complaint is tried, shall, if it be proved, deliver such seaman, mariner, or apprentice to the master or commander of such vessel, or may commit him to jail, there to remain until he shall be delivered to the master or commander, or until the vessel shall sail on her voyage.
SEC. 3. If it appear, however, that such seaman, mariner, or apprentice has been cruelly treated while on board such vessel by the master thereof, or that there is good ground to apprehend danger to his life, or to limb, or to health, from the master, should he be compelled to go on board such vessel, or that the master or owner of such vessel is in arrears to him for wages due, the said justice shall discharge him from custody. In either case the officer making the complaint shall pay the costs of the arrest and imprisonment.
SECTION 1. Every able-bodied male citizen between the ages of eighteen and forty-five years, residing in this District, and not exempt by law, shall be subject to military duty, and enrolled as hereinafter directed.
SEC. 2. The following named persons shall be exempt from enrolment and compulsory performance of military duty, to wit: the Vice President of the United States; the officers, legislative, executive, and judicial, of the government of the United States; members of Congress and their respective officers; all custom-house officers and their clerks; all post officers, and other persons actually employed in the care and conveyance of the mails; all ferrymen employed at any ferry; all inspectors of exports; all pilots; all mariners actually all employed in the sea service, in coasting vessels or river craft; all professors, tutors, assistants, and pupils in colleges and schools; ministers of the gospel licensed to preach according to the rules of their sect; warden and keepers of the penitentiary and jail; superintendents and servants of public hospitals, infirmaries, and lunatic
asylums. The officers and members of fire companies shall be exempt from enrolment and the compulsory performance of military duty, as provided in chapter eleven. Every officer, musician, and private of every uniformed volunteer company, who shall have performed service in such company seven successive years, shall be exempt from enrolment and the compulsory performance of military duty, except in time of war, invasion, insurrection, or in case of resistance to the execution of the laws of this District.
SEC. 3. The President of the United States shall have power to regulate the number and bounds of divisions, brigades, and regiments, and to increase, alter, or divide the same. He shall, except where otherwise provided, appoint and commission, during pleasure, the officers proper for the same; the general officers with the advice and consent of the Senate of the United States. No person exempt from enrolment and the performance of military duty under the first paragraph of section two of this chapter shall be appointed under the provisions of this section.
SEC. 4. Every commissioned officer of the militia, uniformed and ununiformed, shall take an oath to support the constitution of the United States, and to discharge faithfully the duties of his office, a copy of which oath shall be endorsed on the commission.
SEC. 5. The assessors of Washington City and Georgetown, and of that part of Washington county which lies outside the limits of said cities, shall, every year, at the same time when they prepare a list containing the names of the persons subject to assessment within their respective limits, make out a separate and distinct list of all persons within said limits, respectively, subject to enrolment and the performance of military duty, and who are not exempt by law, and shall transmit a copy of said list, certified to be correct by such assessors, to the office of the adjutant general of the United States, within one month after such list is completed. For such service said assessors shall be paid, out of the "military fund," such sum as may be fixed by the board of officers named in the tenth section of this chapter.
SEC. 6. All persons exempt by law may prove their exemption by oral or written evidence; and all courts and persons having a right by law to inquire concerning the grounds of such exemption, are hereby authorized to administer all oaths which may be necessary to satisfy themselves concerning such exemption.
SEC. 7. Every citizen of this District subject to enrolment and the
performance of military duty, who is not a member of a volunteer company within this District, armed and uniformed under the provisions of chapter fifteen, shall pay, each and every year, fifty cents, as a commutation for the non-performance of military duty; which sum shall exonerate the person paying it from the performance of military duty for the year, except in cases of war, insurrection, invasion, or to assist in executing the laws of this District.
SEC. 8. Said sum of fifty cents shall be collected by the same persons, at the same time, and in the same manner as other taxes are collected in Washington City, Georgetown, and that part of Washington county which lies outside said cities. The fund thus collected, after deducting five per cent. for collecting the same, shall be called the "military fund."
SEC. 9. When the said sum of fifty cents is due by any person between the ages of eighteen and twenty-one years, the same may be collected from the father, master, or guardian, with whom such person shall reside, or out of any property such minor may have.
SEC. 10. The collectors shall, in some proper manner, designate upon their lists the amount paid by each person under the provisions. of this chapter. All money so collected shall be paid over by the collectors to some fit and proper person, to be appointed by a board of officers composed of the majors general of the militia, the brigadiers, colonels, lieutenant colonels, majors, and commanding officers of companies of the uniformed volunteers of this District. The person so appointed shall give bond, payable to the United States, in such sum as may be fixed by said board, for the faithful discharge of his duties. Said fund, so created, shall be applied exclusively to military purposes; and no money shall be paid out of it, except upon the order of said board, specifying on its face the objects for which such money is paid.
SEC. 11. Any officer of the militia of this District who shall cease to reside therein, shall forfeit his commission.
SEC. 12. In case of war, insurrection, or rebellion, or resistance to the execution of the laws of this District, the President of the United States is authorized to call forth such a portion of the enrolled militia of this District, whether formed into volunteer companies or not, and in such a manner, as he may deem proper; and for the accommodation, equipment, and support of the militia, so at any time to be called forth, the President may make such provision as to him shall seem
proper, and shall also take such measures for procuring, transporting, and issuing all orders, as may be necessary. Orders for the militia to be called forth as aforesaid, shall be sent to the commanding officer of the militia of this District, with a notification of the place or places of rendezvous, who shall immediately take measures for the same. Whenever the militia shall be called forth into actual service as aforesaid, they shall be governed by the regulations of the army, and the rules and articles of war, which govern troops of the United States.
SEC. 13. If any person subject to military duty shall neglect or refuse to appear at the time and place named, when required by the commanding officer in pursuance of the provisions of the preceding section, he shall be subject to a fine not exceeding two hundred dollars.
SEC. 14. At the time and place hereinbefore mentioned, the commanding officer, or some one appointed by him for that purpose, shall state to the enrolled militia then and there assembled, the reasons why they are so called together, and read the order from the President of the United States. He shall then ask for volunteers sufficient in number to fill the requisition or order from the President, and if a sufficient number of men fit for military duty to fill said requisition or order offer themselves for service, he shall make a list of all such volunteers, and shall take charge and direction of them. In case no person volunteers, or in case a sufficient number of persons subject to military duty to fill the requisition or order aforesaid shall not volunteer, said officer shall proceed to draw, in a fair and impartial manner, from the remaining persons present and subject to military duty, a sufficient number to fill up said requisition or order, and shall take charge and direction of them.
SEC. 15. Any person drafted according to the provisions of the preceding section, who shall refuse to obey the orders of said officer, shall be subject to a fine not exceeding one thousand dollars.
SEC. 16. After the militia are called out as aforesaid, they shall, when necessary, be organized into companies, battalions, regiments, and brigades. The commissioned and non-commissioned officers shall be the same as are authorized by law in the army of the United States.