rest on sum loaned. or things in action, taken or received, in violation of either of the TITLE 4. foregoing provisions, it shall not be necessary for him to pay, or offer to pay, any interest whatever on the sum or thing loaned; nor shall any court of equity, require or compel the payment or deposit, Nor to pay of the principal sum, or any part thereof, as a condition of granting rowed. relief, to the borrower, in any case of a usurious loan forbidden by this Chapter. principal bor days how to $9. For the purpose of calculating interest, a month shall be con- Months and sidered the twelfth part of a year, and as consisting of thirty days; be reckoned. and interest for any number of days, less than a month, shall be estimated by the proportion, which such number of days shall bear to thirty. to be calcu tain case. $ 10. Whenever, in any statute, act, deed, written or verbal con- How interest tract, or in any public or private instrument whatever, any certain lated in cerrate of interest, is or shall be mentioned, and no period of time is stated for which such rate is to be calculated, interest shall be calculated at the rate mentioned, by the year, in the same manner as if the words" per annum" or "by the year," had been added to such rate. TITLE IV. OF ACCUMULATIONS OF PERSONAL PROPERTY, AND OF EXPECTANT SEC. 1. How long absolute ownership of personal property may be suspended. 2. Other limitations or future interests, &c. subject to first Chapter of this Part. 3. For what periods acccumulations of interest, &c. may be directed. 4. All other directions for accumulation to be void; but in one case, void in part only. 5. When monies accumulated, &c. may be applied to support, &c. of minor. of ownership property. $1. The absolute ownership of personal property shall not be sus- Suspension pended by any limitation or condition whatever, for a longer period of personal than during the continuance and until the termination of not more than two lives in being at the date of the instrument containing such limitation or condition; or if such instrument be a will, for not more than two lives in being at the death of the testator. 13 limitations. $ 2. In all other respects, limitations of future or contingent inte- Cortain other rests in personal property, shall be subject to the rules prescribed in the first Chapter of this Act, in relation to future estates in lands. tions of inte $ 3. An accumulation of the interest of money, the produce of Accumulastock or other income or profits arising from personal property, may rest, &c. be directed by any instrument sufficient in law to pass such personal property as follows: 1. If the accumulation be directed to commence from the date of For what period, when the instrument, or from the death of the person executing the same, cominencing (13) Act concerning Revised Statutes, passed December 10, 1828, § 15, subdivision 31. TITLE 4. such accumulation must be directed to be made for the benefit of one or more minors then in being, or in being at such death, and to terminate at the expiration of their minority: from date of &c. For what period, when subsequent to date of in strument, the 2. If the accumulation be directed to commence at any period subCommencing sequent to the date of the instrument, or subsequent to the death of person executing such instrument, it must be directed to com&c. mence within the time allowed in the first section of this Title, for the suspension of the absolute ownership of personal property, and at some time during the minority of the persons for whose benefit it is intended, and must terminate at the expiration of their minority. When other directions $4. All directions for the accumulation of the interest, income or wholly void. profit of personal property, other than such as are herein allowed, shall be void; but a direction for an accumulation, in either of the When void cases specified in the last section, for a longer term than the minority of the persons intended to be benefitted thereby, shall be void only as respects the time beyond such minority. in part. When part may be taken for educa tion, &c. of minor. $5. When any minor, for whose benefit a valid accumulation of the interest or income of personal property shall have been directed, shall be destitute of other sufficient means of support or of education, the chancellor, upon the application of such minor or his guardian, may cause a suitable sum to be taken from the monies accumulated or directed to be accumulated, and to be applied to the support or education of such minor. Acts of Congress now in force relative to the organization and discipline of the MILITIA. (1) AN ACT more effectually to provide for the national defence by establishing an uniform militia throughout the United States. Approved May 8, 1792. [Bioren & Duane's edition of Laws of the United States, Vol. 2, p. 293.] ject to militia § I. Be it enacted by the Senate and House of Representatives of the United Age, &c. of States of America, in Congress assembled, That each and every free able persons subbodied white male citizen of the respective states, resident therein, who duty. is or shall be of the age of eighteen years and under the age of forty-five years, except as is herein after excepted, shall severally and respectively be enrolled in the militia by the captain, or commanding officer of the company within whose bounds such citizen shall reside, and that within twelve months after the passing of this act; and it shall, at all times hereafter, be the duty of every such captain or commanding officer of a company, to enrol every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years, and under the age of forty-five years, except as before excepted, shall come to reside within his bounds, and shall, without delay, notify such citizen of the said enrolment, by a proper non-commissioned officer of the company, by whom such notice may be proved: That every How to be citizen so enrolled and notified, shall, within six months thereafter, pro- armed and vide himself with a good musket, or firelock, a sufficient bayonet and belt, equipped. two spare flints and a knapsack, a pouch, with a box therein, to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot pouch, and powder horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred, and provided, when called out to exer- No. 3, § 2.] cise, or into service, except that when called out on company days to exercise only, he may appear without a knapsack: That the commissioned officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this act, all muskets for arming the militia, as herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition, and accoutrements required as aforesaid, shall hold the same exempted from all suits, distresses, executions, or sales for debt, or for the payment of taxes. [Sec post duty. § 2. And be it further enacted, That the vice-president of the United Persons exStates, the officers, judicial and executive, of the government of the Uni-empt from ted States; the members of both houses of congress, and their respective officers, all custom-house officers, with their clerks, all post officers and stage drivers, who are employed in the care and conveyance of the mail of the post-office of the United States, all ferry-men employed at any ferry on the post road, all inspectors of exports, all pilots, all mariners actually employed in the sea service of any citizen or merchant within the United States, and all persons who now are, or may hereafter be, exempted by the laws of the respective states, shall be, and are hereby exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years. §3. And be it further enacted, That within one year after the passing Militia to be of this act, the militia of the respective states shall be arranged into divi- arranged into divisions, giments, bat talions, and Militia how and organiz panies, &c. brigades, re- sions, brigades, regiments, battalions, and companies, as the legislature of each state shall direct; and each division, brigade, and regiment, shall companies. be numbered at the formation thereof, and a record made of such numbers in the adjutant-general's office, in the state; and when in the field or in service in the state, each division, brigade, and regiment, shall respectively take rank according to their numbers, reckoning the first or lowest number, highest in rank: That if the same be convenient, each brigade shall consist of four regiments, each regiment of two battalions, each battalion of five companies, each company of sixty-four privates: That the said militia shall be officered by the respective states as follows: To each division, one major-general, and two aids-de-camp, with the rank of major; to each brigade, one brigadier-general, with one brigade inspector, to serve also as brigade-major, with the rank of major; to each regiment, one lieutenant-colonel commandant; and to each battalion, one major; to each company, one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer, and one fifer or bugler: That [See post No. there shall be a regimental staff, to consist of one adjutant, and one quar3,2; also Nos. 4 & 5.] ter-master to rank as lieutenants; one pay-master, one surgeon, and one surgeon's mate, one sergeant-major, one drum-major, and one fife-major. §4. And be it further enacted, That out of the militia enrolled as is to be formed herein directed, there shall be formed for each battalion at least one comed into company of grenadiers, light infantry, or riflemen; and that to each division there shall be at least one company of artillery, and one troop of horse; there shall be to each company of artillery, one captain, two lieutenants, four sergeants, four corporals, six gunners, six bombardiers, one drummer, and one fifer; the officers to be armed with a sword or hanger, a fusee, bayonet and belt, with a cartridge box, to contain twelve cartridges; and each private or matros, shall furnish himself with all the equipments of a private in the infantry, until proper ordnance and field artillery is provided: there shall be to each troop of horse, one captain, two lieutenants, one cornet, four sergeants, four corporals, one saddler, one farrier, and one trumpeter; the commissioned officers to furnish themselves with good horses, of at least fourteen hands and an half high, and to be armed with a sword and pair of pistols, the holsters of which to be covered with bear skin caps: each dragoon to furnish himself with a serviceable horse, at least fourteen hands and an half high, a good saddle, bridle, mail pillion, and valise, holsters, and a breast-plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartouch box, to contain twelve cartridges for pistols: That each company of artillery and troop of horse, shall be formed of volunteers from the brigade, at the discretion of the commander in chief of the state, not exceeding one company of each to a regiment, nor more in number than one eleventh part of the infantry, and shall be uniformly clothed in regimentals, to be furnished at their own expense, the color and fashion to be determined by the brigadier commanding the brigade to which they belong. Colors and provided. $5. And be it further enacted, That each battalion and regiment shall be music to be provided with the state and regimental colors by the field officers; and each company with a drum and fife, or bugle horn, by the commissioned officers of the company, in such manner as the legislatures of the respective states shall direct. § 6. And be it further enacted, That there shall be an adjutant-general appointed in each state, whose duty it shall be to distribute all orders from the commander in chief of the state to the several corps; to attend all public reviews, when the commander in chief of the state shall review the militia, or any part thereof; to obey all orders from him, relative to carrying into execution and perfecting the system of military discipline established by this act; to furnish blank forms of different returns, that may be required, and to explain the principles on which they should be made; to receive from the several officers of the different corps, throughout the state, returns of the militia under their command, reporting the actual situation of their arms, accoutrements, and ammunition, their delinquencies, and every other thing which relates to the general advancement of good order and discipline: All which, the several officers of the divisions, brigades, regiments, and battalions, are hereby required to make, in the usual manner, so that the said adjutant-general may be duly furnished therewith: From all which returns, he shall make proper abstracts, and lay the same annually before the commander in chief of the state. take rank ac § 8. And be it further enacted, That all commissioned officers shall Commission. take rank according to the date of their commissions; and when two of ed officers to the same grade bear an equal date, then their rank to be determined by cording to lot, to be drawn, by them, before the commanding officer of the brigade, regiment, battalion, company, or detachment. date, &c. ade-inspec tor 10. And be it further enacted, That it shall be the duty of the brigade- Duty of briginspector, to attend the regimental and battalion meetings of the militia, composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition, and accoutrements, superintend their exercise and manœuvres, and introduce the system of military discipline before described, throughout the brigade, agreeable to law, and such orders as they shall from time to time receive from the commander in chief of the state; to make returus to the adjutant-general of the state, at least once in every year, of the militia of the brigade to which he belongs, reporting therein the actual situation of the arms, accoutrements, and ammunition of the several corps, and every other thing which in his judgment may relate to their government, and the general advancement of good order and military discipline; and the adjutant-general shall make a return of all the militia of the state, to the commander in chief of the said state, and a duplicate of the same to the president of the United States. (2) AN ACT to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions; and to repeal the act now in force for those purposes. Approved February 28, 1795. [2 Bioren & Duane, 479.] are to be in actual ser § 4. And be it further enacted, That the militia employed in the ser- Rules to vice of the United States, shall be subject to the same rules and articles which militia of war as the troops of the United States: and that no officer, non-com- subject when missioned officer, or private of the militia shall be compelled to serve service. more than three months, after his arrival at the place of rendezvous, in any one year, nor more than in due rotation with every other able bodied man of the same rank in the battalion to which he belongs. Courts-mar § 6. And be it further enacted, That courts-martial for the trial of mi- tial. litia shall be composed of militia officers only. 98 VOL. I. |