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procefs; or if either party fhall refufe, then the juftice first appointed fhall name his affociate, with condition to anfwer and pay what ever fum fhall be recovered by him or them on fuch procefs, there fhall be an immediate dif charge of fuch veffel: Provided, That nothing herein contained fhall prevent any fisherman from having his action at common law, for his fhare or fhares of fish, or the proceeds thereof as aforefaid..

on falted

Sec. 6. And be it further enacted, That the Drawback drawback heretofore allowed on the exporta- fh, &c. tion of foreign dried and pickled fish, and repealed, other foreign falted provifions, be and the and fame is hereby repealed.

from ap

lowances

Sec. 7. And be it further enacted, That the monies ari monies which fhall remain in confequence of fing there the abolition of the allowance on the exporta- propriated tion of the dried fish of the United States, and to pay al of the drawback on foreign dried and pickled granted by fish, and other foreign falted provifions, be, this act. and the fame are hereby appropriated to the payment of the allowances granted by this act, and in cafe the monies fo appropriated shall be inadequate, the deficiency fhall be fupplied out of any monies which from time to time fhall be in the treasury of the United States, and not otherwife appropriated.

Penalty on fwearing

Sec. 8. And be it further enacted, That any person who fhall declare falfely in oath or any affirmation required by this act, being duly falfely. convicted thereof in any court of the United States, having jurifdiction of fuch offence, fhall fuffer the fame penalties as are provided for falfe fwearing or affirming, by the act beforementioned, and to be in like manner fued for, recovered and appropriated.

Limitation.

1 Sec. 9. And be it further enacted, That this aet ihall continue and be in force for the termi of seven years, and from thence to the end of the next session of Congress, and no longer. JONATHAN TRUMBULL, Speaker

of the House of Representatives. JOHN ADAMS, Vice-President of the United

States, and President of the Senate.
APPROVED, February fixteenth, 1792 :

GEORGE WASHINGTON,
President of the United States.

CHAPTER VII.
An Act to establish the Post-Office and Post-Roads

within the United States.

(REPEALED.)

CHAPTER VIII.
An Act relative to the Election of a President and

Vice-President of the United States, and declar-
ing the Officer who fall act as President in
Case of Vacancies in the Offices both of Presi-

dent and Vice-President. Section 1. PE it enacted by the Senate and

House of Representatives of the States how United States of America in Congress assembled, to appoint That except in case of an election of a President election of and Vice-President of the United States, prior prefident & to the ordinary period as hereinafter specified, vice-presie dent;

electors shall be appointed in each state for the election of a President and Vice-President of the United States, within thirty-four days preceding the first Wednesday in December, one thousand seven hundred and ninety-two, and

within thirty-four days preceding the first Wednesday in December in every fourth year fucceeding the laft election, which electors fhall be equal to the number of Senators and Representatives, to which the several states may by law be entitled at the time, when the Prefident and Vice-President, thus to be chofen, fhould come into office: Provided always, That where no apportionment of Reprefentatives fhall have been made after any enumeration, at the time of chufing electors, then the, number of electors fhall be according to the exifting apportionment of Senators and Reprefentatives.

vote;

certificates

Sec. 2. And be it further enacted, That the when to electors fhall meet and give their votes on the meet and faid first Wednesday in December, at such place in each ftate as fhall be directed by the legiflature thereof; and the electors in each state fhall make and fign three certificates of all the votes to ign 3 by them given, and fhall feal up the fame, cer- of all the tifying on each that a lift of the votes of fuch votes given. ftate for Prefident and Vice-Prefident is con- how to be tained therein, and fhall by writing under their disposed of. hands, or under the hands of a majority of them, appoint a perfon to take charge of and deliver to the Prefident of the Senate, at the feat of government before the first Wednesday in January then next enfuing, one of the faid certificates, and the faid electors fhall forthwith forward by the poft-office to the Prefident of the Senate, at the feat of government, one other of the faid certificates, and fhall forthwith cause the other of the faid certificates, to be delivered to the judge of that district in which the faid electors fhall affemble.

Sec. 3. And be it further enacted, That the Duty of ex executive authority of each ftate fhall caufe ecutive of three lifts of the names of the electors of fuch

each states

of Sec. of ftate on

votes,

fellion

state to be made and certified, and to be deti. vered to the electors on or before the said firit Wednesday in December, and the said electors fhall annex one of the said lists to each of the lists of their votes.

Sec. 4. And be it. further enacted, That if a list of votes,

from any state shall not have been non:receipt received at the seat of government on the said

first Wednesday in January, that then the Se. cretary of State fhall send a special messenger to the district judge, in whose custody fuch lift fhall have been lodged, who shall forthwith

transmit the fame to the seat of government. Congress to

Sec. 5. And be it further enacied, That Con. on ad Wed. gress shall be in feffion on the second Wednel. nesday in day in February, one thousand seven hundred Feb. 1793. and ninety-three, and on the second Wednes

day in February succeeding every meeting of the electors; and the faid certificates, or so many of them as fhall have been received, shall then be opened, the votes counted, and the persons who shall fill the offices of President and Vice-President ascertained and declared,

agreeably to the Constitution. Duty of

Sec. 6. And be it further enacted, That in persons

case there shall be no President of the Senate at the seat of government on the arrival of the persons entrusted with the lists of the votes of the electors, then such persons shall deliver the lists of votes in their custody into the office of the Secretary of State, to be safely kept and delivered over as soon as may be, to the Prefident of the Senate.

Sec. 7. And be it further enačied, That the persons appointed by the electors to deliver the lists of votes to the President of the Senate, shall be allowed on the delivery of the said lifts

ient with Lists of votes ;

allowance to them.

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dent and v.

twenty-five cents for every mile of the estima.

-
ted distance by the moit usual road, from the
place of meeting of the electors, to the seat of
government of the United States.

Sec. 8. And be it further enacted, That if Penalty on any person appointed to deliver the votes of their nethe electors to the President of the Senate, ty.

iet of due shall after accepting of his appointment, neglect to perform the services required of him by this act, he shall forfeit the sum of one thousand dollars.

Sec. 9. And be it further enacted, That in Provision case of removal, death, resignation or-inability in care este both of the President and Vice-President of the of prei

, &c. United States, the President of the Senate pro

profident; tempore, and in case there shall be no President of the Senate, then the Speaker of the House of Representatives, for the time being, shall act as President of the United States until the difability be removed or a President shall be elected.

Sec. 10. And, be it further enacted, That daty of S. whenever the offices of President and Vice- ofitate on President shall both become vacant, the Secretary of State fhall forth with cause a notification thereof to be made to the executive of every state, and shall also cause the same to be published in at least one of the newspapers printed in each state, specifying that electors of the President of the United States shall be

appointed or chosen in the Leveral states within thirty-four days preceding the first Wednesday in December then next ensuing : Provided, There shall be the space of two months between the date of such notification and the faid firit Wednesday in December; but if there shall not be the space of two months between the date of such notification and the first Wednef

Vel. 11.

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such event.

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