Acts of Congress. make oath or affirmation that he is equitably entitled to credits which had been, previous to the commencement of the suit, submitted to the consideration of the accounting officers of the Treasury and of the expense of carry-rejected; specifying each particular claim so rejected, in the affidavit, and that he cannot then come safely to trial. Oath or affirmation to this effect being made, subscribed, and filed, if the court be thereupon satisfied, a continuance until the next succeeding term may be granted, but not otherwise, unless as provided in the preceding section. SEC. 8. And be it further enacted, That it shall be the duty of the Postmaster General, to report annually to Congressary post road which shall not, after the second, from its establishment, have produced one-th ing the mail on the sa SEC. 9. And be it her enacted, That all letters and packets to corge Washington, now President of the United States, after the expiration of his term of office, and during his life, shall be received and conveyed by post free of postage. Approved, March 3, 1797. An Act to provide more effectually for the settlement of accounts between the United States and Receivers of public money. Be it enacted, &c., That, when any revenue of ficer, or other person accountable for public money, shall neglect or refuse to pay into the Treasury the sum or balance reported to be due to the United States upon the adjustment of his account, it shall be the duty of the Comptroller, and he is, hereby, required to institute suit for the recovery of the same, adding to the sum stated to be due on such account the commissions of the delinquent, which shall be forfeited in every instance where suit is commper ced and judgment obtained thereon, and an interest of six per cent. per annum, from the time of receiving the money until it shall be repaid into the Treasury. SEC. 4. And be it further enacted, That in suits between the United States and individuals, no claim for a credit shall be admitted upon trial but such as shall appear to have been presented to the accounting officers of the Treasury for their examination, and by them disallowed, in whole or in part, unless it shall be proved to the satisfaction of the court that the defendant is, at the time of trial, in possession of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for such credit at the Treasury by absence from the United States or some unavoidable accident. SEC. 5. And be it further enacted, That where any revenue officer, or other person hereafter becoming indebted to the United States, by bond or otherwise, shall become insolvent, or where the estate of any deceased debtor, in the hands of executors or administrators, shall be insufficient to pay all the debts due from the deceased, the SEC. 2. And be it further enacted, That in every debt due to the United States shall be first satiscase of delinquency where suit has been or shall fied; and the priority hereby established shall be be instituted, a transcript from the books and pro-deemed to extend as well to cases in which a ceedings of the Treasury, certified by the Regis- debtor, not having sufficient property to pay all his ter, and authenticated under the seal of the De- debts, shall make a voluntary assignment thereof, partment, shall be admitted as evidence, and the or in which the estate and effects of an abscondcourt trying the cause shall be thereupon author-ing, concealed, or absent debtor, shall be attached ized to grant judgment, and award execution ac- by process of law, as to cases in which an act of cordingly. And all copies of bonds, contracts, or legal bankruptcy shall be committed. other papers relating to or connected with the set- SEC. 6. And be it further enacted. That all tlement of any account between the United writs of execution upon any judgment obtained States and an individual, when certified by the for the use of the United States in any of the Register to be true copies of the original on file, courts of the United States in one State, may run and authenticated under the seal of the Depart- and be executed in any other State, or in any of ment, as aforesaid, may be annexed to such tran- the Territories of the United States, but shall be scripts, and shall have equal validity and be enti-issued from, and made returnable to, the court tled to the same degree of credit which would be due to the original papers. if produced and authenticated in court: Provided, That where suit is brought upon a bond, or other sealed instrument, and the defendant shall plead "non est factum," or upon motion to the court, such plea or motion being verified by the oath or affirmation of the defendant, it shall be lawful for the court to take the same into consideration, and (if it shall appear to be necessary for the attainment of justice) to require the production of the original bond, contract, or other paper specified in such affidavit, SEC. 3. And be it further enacted, That where suit shall be instituted against any person or persons indebted to the United States, as aforesaid, it shall be the duty of the court where the same may be pending to grant judgment at the return term, upon motion, unless the defendant shall, in open court, (the United States attorney being present,) where the judgment was obtained, any law to the contrary notwithstanding. SEC. 7. And be it further enacted, That nothing in this act shall be construed to repeal, take away, or impair any legal remedy or remedies for the recovery of debts now due or hereafter to be due to the United States, in law or equity, from any person or persons whatsoever, which remedy or remedies might be used if this act was not in force. Approved, March 3, 1797. An Act authorizing an expenditure, and making an appropriation for the prosecution of the claims of certain citizens of the United States for property captured by the belligerant Powers. Be it enacted, &c., That the President of the United States be, and he is hereby, authorized to Acts of Congress. An Act to revive and continue the act, passed the thirtieth of May, one thousand seven hundred and ninety-six, entitled "An act to regulate the compensation of clerks." advance, on account of the several prize causes before the Court of Admiralty and Court of Appeals, in England, a sum sufficient to defray the costs thereof, so far as the agents of the United States may have become sureties for the same. Be it enacted, &c., That the act, entitled "An And that for defraying, during the year one thou- act to regulate the compensation of clerks,” passsand seven hundred and ninety-seven, that ex-ed the thirtieth of May, one thousand seven hunpense, and that which may be incurred in pro-dred and ninety-six, be, and the same is hereby, curing from the Admiralty Courts of any of the revived and continued until the first day of Janubelligerant Powers copies of papers relative to ary next. the property of American citizens captured by any of the said Powers, a sum not exceeding fifty thousand dollars, shall be, and hereby is, appropriated, in addition to the sums which, from the appropriations for intercourse with foreign nations, have been expended under the direction of the President of the United States in the prosecution of those claims; which sum shall be paid from any moneys which may be in the Treasury, not otherwise appropriated. SEC. 2. And be it further enacted, That, from the money which has been, or which shall be received on any claim, as aforesaid, all costs in the prosecution therefor, which have been, or which shall be incurred by the United States, shall be taken and deducted, or otherwise refunded, and shall be accounted for by the agent or agents employed therein, under the direction of the President; which account, as far as may be then had, shall be submitted to Congress at their next session. Approved, March 3, 1797. An Act providing for certain buoys to be placed in and near the harbor of Boston. Be it enacted, &c., That the Secretary of the Treasury be authorized and directed to cause to be placed in and near the harbor of Boston, in the State of Massachusetts, upon such rocks, ledges, or shoals, as the security of navigation there most requires to be distinguished, not exceeding six larger and ten smaller buoys, whereof the whole expense shall not exceed one thousand six hundred dollars. SEC. 2. And be it further enacted, That a sum not exceeding one thousand six hundred dollars shall be, and hereby is, appropriated to defray the necessary expense of the said buoys, to be paid from the duties on imports and tonnage. Approved, March 3, 1797. An Act extending the time for receiving on loan the Be it enacted, &c., That all the several provisions of the act, entitled "An act further extending the time for receiving on loan the Domestic Debt of the United States," passed the nineteenth day of February, one thousand seven hundred and ninety-six, be, and they are hereby, continued in force until the thirty-first day of December next, and no longer: Provided, That nothing herein contained shall be construed to extend to any evidence of Public Debt which may be barred by any act of limitation. Approved, March 3, 1797. SEC. 2. And be it further enacted, That the sum of one hundred dollars be allowed and paid to each of the principal and engrossing clerks in the office of the Secretary of the Senate, in addition to the sums allowed them by law, for the year one thousand seven hundred and ninety-six; and also, that the further sum of one hundred dollars to each of the principal and engrossing clerks employed by the Secretary of the Senate and the Clerk of the House of Representatives, be allowed and paid, for the year one thousand seven hundred and ninety-seven; also, the like sum to the sergeant-at-arms of the House of Representatives, and to each of the door-keepers and assistant door-keepers of the two Houses of Congress, in addition to the sums heretofore allowed by law. Approved, March 3, 1797. Be it enacted, &c., That, from and after the expiration of the present session of Congress, the times and places of holding the several Circuit Courts of the United States, in the present and each succeeding year, shall be as follows, to wit: In the State of New York, at the city of New York, on the first days of April and September. In Connecticut, at New Haven, on the thirteenth day of April, and at Hartford, on the seventeenth day of September. In Vermont, at Windsor, on the first day of May, and at Rutland, on the third day of October. In New Hampshire, at Portsmouth, on the nineteenth day of May, and at Exeter, on the second day of November. In Massachusetts, at Boston, on the first day of June and twentieth day of October. In Rhode Island, at Newport, on the fifteenth day of June, and at Providence, on the fifteenth day of November. In New Jersey, at Trenton, on the first days of April and October. In Pennsylvania, at Philadelphia, on the ele venth days of April and October. In Delaware, at Newcastle, on the twenty-seventh day of June, and at Dover, on the twentyseventh day of October. In Maryland, at Annapolis, on the seventh day of May, and at Baltimore, on the seventh day day of November. In Virginia, at Richmond, on the twenty-second days of May and November. In Georgia, at Savannah, on the twentieth day of April, and Augusta, on the eighth day of November. Acts of Congress. In South Carolina, at Charleston, on the sixth day of May and the twenty-fifth day of October. In North Carolina, at Raleigh, on the first day of June and on the thirtieth day of November: Provided, That if any of these days shall happen on a Sunday, the court shall be held on the day following: SEC. 2. And be it further enacted, That the fifth section of "An act for altering the times of holding the Circuit Courts in certain districts of the United States, and for other purposes," and the third, fourth, fifth, and sixth sections of "An act making certain alterations in the act for establishing the judicial, and altering the time and place of holding certain courts," be, and the same are hereby, repealed; and that the stated district courts of North Carolina shall, in future, be held at the town of Newbern. and after the first day of September next, the pre- Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be requested to adopt some speedy and effectual means of obtaining information from the States of Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, Kentucky, Tennessee, and South Carolina, whether they have ratified the amendment proposed by Congress to the Constitution, concerning the suability of States; if they have, to obtain the proper evidence thereof. Approved, March 2, 1797. SEC. 3. And be it further enacted, That all such process of the several district courts, within the said district, as, before the passing of this act, shall have issued, and all recognizances made, returnable to any of the said several district courts, and all suits and other proceedings that were con- Resolved, &c., That the five hundred copies of tinued and are depending therein, shall now be the laws of the United States, directed to be printreturned and held continued to the district court ed by the act, entitled "An act for the more genof the said State, to be holden at Newbern, on the eral promulgation of the laws of the United first Monday in April next; and shall therein be States," and which were, by the said act, reserved tried, and otherwise proceeded on, according to for the future disposition of Congress, shall be dislaw; and the dockets and records of the said seve-tributed by the Secretary of State in the manner ral district courts shall be hereafter kept at New-following: One set shall be delivered to George bern, aforesaid. And to the end that suitors, wit- Washington, now President of the United States; nesses, and all others concerned, may have notice to the President of the United States; to the Vice of the alteration hereby made, the marshal of the President of the United States, and to each of the said district of North Carolina is hereby required members of the Senate and House of Represen to make the same known, by proclamation, on or tatives; six sets shall be delivered to the Secrebefore the twenty-third day of the present month. tary of the Senate, and twelve sets to the Clerk SEC. 4. And be it further enacted, That all pro- of the House of Representatives; one set shall be ceedings and process depending in, or issuing out of delivered to each of the Judges of the Supreme any of the said courts, which are or may be made Court, to each of the Judges of the District Courts, returnable to any other times and places appointed and to each of the Marshals and Attorneys of each for holding the same than those above specified, district; one set shall be delivered to the Secreshall be deemed legally returnable on the days and tary of State, to the Secretary of the Treasury, to at the places above specified, and not otherwise. the Secretary of War, to the Attorney General, And all suits and other proceedings in any of the said to the Director of the Mint, to the Comptroller of courts, which stand continued to any other times the Treasury, to the Commissioner of the Reveand places than those above specified, shall be nue, to the Register, to the Auditor, to the Acdeemed continued to the times and places pre-countant of the War Department, and to the Postscribed by this act, and no other. master General, and the Purveyor of Public Supplies; one set shall be delivered to the Governor and to the Secretary of the Territory Northwest of the Ohio, and to each of the Judges thereof; one set shall be delivered to each Collector, Naval Officer, and Surveyor, and to each Supervisor and Inspector of the Revenue in the United States. SEC. 5. Provided, and be it further enacted, That if, in consequence of any alterations made by this act, it shall appear expedient to the district judge of any of the districts where such alterations are made as aforesaid, that a new, venire should issue for the summoning of jurors to attend the Circuit Court of such district, which is SEC. 2. And be it further enacted, That in case to be first held after the present session of Con- of the death, resignation, or dismission from office gress, it shall be lawful for him to direct the clerk of either of the officers before mentioned, exceptof the said Circuit Court to issue a venire accord-ing the President and Vice President of the Unitingly for the summoning of such number of jurors as the said district judge shall think fit, and from such parts of the district as shall appear to him most suitable to the convenience of the people thereof, giving reasonable notice of the time and place of attendance. SEC. 6. And be it further enacted, That, from ed States, the members of the Senate and House of Representatives, and the Judges of the Supreme and District Courts, the said copies of the Laws of the United States, delivered to them as aforesaid, shall belong to their respective successors in the said offices. Approved, March 3, 1797. |