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pense

$ 3. That from and after the last day of June next, the ex- Office rent, of fuel, office rent, and necessary stationary, for the colstationary, &c. at Salem, Bos. lectors of the districts of Salem and Beverly, Boston and Charles- ton, &c. to be town, the cities of New York, Philadelphia, and Charleston, the paid, threetowns of Baltimore, Norfolk, and Portsmouth, shall be paid, three-fourths by the fourths by the said collectors, and the other fourth by the respec- remainder by tive naval officers in those districts.

collectors, the

the naval offi

§ 4. That whenever a collector shall die, the commissions, to cer Commissions which he would have been entitled, on the receipt of all duties due to a debonded by him, shall be equally divided between the legal re- ceased collecpresentatives of such deceased collector and his successor in of- tor, to be fice, whose duty it shall be to collect the same; and for this pur- ed between his pose, the said representatives shall deliver over to such successor, representaall the public or official books, papers, and accounts, of the said tive, and his successor, &c. deceased. [Approved, May 8, 1792.]

equally divid

CHAP. [35] An act to continue in force the act, entitled "An act to provide for Obsolete. mitigating or remitting the penalties and forfeitures, accruing under the revenue Vol. i. p. 93. laws, in certain cases," and to make further provision for the payment of pensions to invalids.

§ 1. Be it enacted, &c. That the act, entitled "An act to pro- The act of vide for mitigating or remitting the forfeitures and penalties, 26th May, accruing under the revenue laws, in certain cases therein men- ed until the 1790, continutioned," shall be, and hereby is, continued in full force for the 8th of May, term of three years, from the passing of this act, and no longer.. 1795. Provided, That nothing in the said act shall be construed to limit or restrain the power of the president of the United States to grant pardons for offences against the United States.

§ 2. That the yearly pensions which have been, or may be, Pensions to allowed by, or in pursuance of, any act or law of the United invalids to be States, to persons who were wounded and disabled in the public paid for one year from the service, shall, for the space of one year from the fourth day of 4th of March, March last, be paid out of the treasury of the United States, un- 1792, out of der such regulations as the president of the United States may direct. [Approved, May 8, 1792.]

the treasury.

CHAP. [36.] An act for regulating processes in the courts of the United States, and providing compensations for the officers of the said courts, and for jurors Vol. iii. p.

and witnesses.

Vol. i. p. 309.

1821.

§ 1. Be it enacted, &c. That all writs and processes issuing Teste of writs, from the supreme or a circuit court, shall bear teste of the chief &c. justice of the supreme court, (or, if that office shall be vacant,) of the associate justice next in precedence; and all writs and processes issuing from a district court, shall bear teste of the judge of such court, (or, if that office shall be vacant,) of the clerk thereof, which said writs and processes shall be under the seal of the court from whence they issue, and signed by the The seals of clerk thereof. The seals shall be provided at the expense of court to be the United States. provided at the public ex

§ 2. That the forms of writs, executions, and other process, pense. except their style, and the forms and modes of proceeding in Forms of suits, in those of common law, shall be the same as are now writs, execu tions, and othused in the said courts, respectively, in pursuance of the act, entitled "An act to regulate processes in the courts of the VOL. I.

33

er process, &c.

Vol. i. p. 67. United States," in those of equity, and in those of admiralty and maritime jurisdiction, according to the principles, rules, and usages, which belong to courts of equity and to courts of admiralty, respectively, as contradistinguished from courts of common law; except so far as may have been provided for by the Vol. i. p. 53. act to establish the judicial courts of the United States; subject, however, to such alterations and additions as the said courts, respectively, shall, in their discretion, deem expedient, or to such regulations as the supreme court of the United States, shall think proper, from time to time, by rule, to prescribe to any circuit Proviso; as to or district court concerning the same: Provided, That on judgelection, where ments in any of the cases aforesaid, where different kinds of exedifferent kinds cutions are issuable in succession, a capias ad satisfaciendum beof execution ing one, the plaintiff shall have his election to take out a capias ad satisfaciendum in the first instance.

plaintiff's

are issuable in

succession.

Fees and com

marshals.

This section repealed.

Vol. i. p. 571.

Proviso; as to fee for trav

el, in case of

one or more persons.

§ 3. That, from and after the passing this act, the fees and pensations to compensations to the several officers and other persons hereafter mentioned, shall be as follows, that is to say: to the marshals of the several districts of the United States, for the service of any writ, warrant, attachment, or process in chancery, on each person named in the same, two dollars: for his travel out, in serving each writ, warrant, attachment, or process aforesaid, five cents per mile, to be computed from the place of service to the court where the writ or process shall be returned: and, if more persons than one are named therein, the travel shall be computed from the court to the place of service which is most remote, adding thereto the extra travel necessary to serve it on the other: Provided, That the fee for travel, where there is one person named in such writ, warrant, attachment, or process, shall, in no case, exceed seven dollars; and when there are more than one, the fee for extra travel shall not exceed one dollar above seven dollars for each person. For each bail bond, fifty cents: for selling goods and vessels condemned, and receiving and paying the money, three per cent for every commitment or discharge of a prisoner, fifty cents: for summoning witnesses, where he does it, each thirty cents: for summoning a grand or petit jury, each, three dollars: Provided, That in those states where jurors, by the laws of the state, are drawn by constables, or other offi cers of corporate towns or places, by lot, the marshals shall receive for the use of such constables, or officers, the fees allowed for summoning juries: For attending the supreme, circuit, or district, courts, five dollars per day, and at the rate of ten cents per mile for his expenses and time in travelling from the place. of his abode to either of the said courts: For levying an execntion, and for all other services not herein enumerated, such fees or compensation as are allowed in the supreme court of the state where the services shall be rendered: To the clerk of the supreme court of the United States, ten dollars per day for his attendance in court, and for his other services, in discharging the duties of his office, double the fees of the clerk of the supreme court. preme court of that state in which the supreme court of the To the clerks United States shall be holden. To the clerk of the district and of district and circuit courts, such fees, in each state, respectively, as are allow

Proviso; as to fees for summoning jurors in those

states where

jurors are, by

the law of the state, drawn

by constables, &c. lot, &c. Compensation to mar

shals for attending

courts.

For levying executions, &c.

Fees of the

clerk of the su

circuit courts,

such fees, &c.

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state, &c.

ed in the supreme courts of the same; and five dollars per day
for his attendance on any circuit or district court, and at the
rate of ten cents per mile for his expenses and time in travelling
from the place of his abode to either of the said courts. And in Allowance, by
case any clerk of a court of the United States shall, in discharg- court, to
clerks for ser-
ing the duties of his office, perform any kind of service which is vices not per-
not performed by the clerks of the courts of the state, and for formed by
which the laws of the state make no allowance, the court in clerks in
which such service shall be rendered, may allow a reasonable courts of a
compensation therefor. To each grand and petit juror, fifty Compensation
cents per day for attending in court; and, for travelling, at the to grand and
rate of five cents per every mile, from their respective places of petit jurors,
&c.
abode to the place where the court is held, and the like allow-
Vol. iii. p.
ance for returning: To witnesses, summoned in any of the 2031.
courts of the United States, the same compensations, in each
state, respectively, as are allowed in the supreme courts of the
same: To the attorney of the United States for the district,
such fees, in each state, respectively, as are allowed in the su-
preme courts of the same, and also the like compensation for
travelling as is above allowed to the clerk of the district and
circuit courts.

Compensa

of the mar

shal, &c.

§ 4. That the marshal shall have the custody of all vessels Marshal to and goods seized by an officer of the revenue, and shall be al- have custody of vessels and lowed such compensation therefor as the court may judge reagoods seized, sonable And there shall be paid to the marshal the amount of &c. and be althe expense for fuel, candles, and other reasonable contingen- lowed amount of contingent cies, that may accrue in holding the courts within his district, expenses, of and providing the books necessary to record the proceedings holding courts, thereof; and such amount, as also the compensations aforesaid &c. to the grand and petit jurors, to the witnesses summoned on the tions to jurors, part of the United States, to the clerk of the supreme court for witnesses, &c. his attendance, to the clerks of the district and circuit courts for to be included their travelling and attendance, to the attorney of the district for in the account travelling to court, to the marshal for his attendance at court, for summoning grand and petit jurors, and witnesses, in behalf of any prisoner to be tried for a capital offence, for the maintenance of prisoners confined in gaol for any criminal offence, and for the The charges commitment or discharge of such prisoner, and, also the legal in the mar fees of the clerk, attorney, and marshal, in criminal prosecutions, shal's account, shall be included in the account of the marshal; and the same examined and having been having been examined, and certified by the court, or one of the certified by judges of it, in which the service shall have been rendered, shall the court, &c. to be passed be passed in the usual manner at, and the amount thereof paid at, and paid out of, the treasury of the United States, to the marshal, and out of, the by him shall be paid over, to the persons entitled to the same; treasury, and the money and the marshal shall be allowed two and an half per cent. on paid over by the amount by him so paid over, to be charged in his future ac- the marshal,

count.

&c.

§ 5. That in every prosecution for any fine or forfeiture in- Rules concurred under any statutes of the United States, if judgment is cerning costs. rendered against the defendant, he shall be subject to the payment of costs. And on every conviction for any other offence not capital, the court may, in their discretion, award that the

See aet of 1813, ch. 14.

Fees recover

states, respec

defendant shall pay the costs of prosecution. And if any informer or plaintiff, on a penal statute, to whose benefit the penalty, or any part thereof, if recovered, is directed by law to accrue, shall discontinue his suit or prosecution, or shall be nonsuit in the same, or if, upon trial, a verdict shall pass for the defendant, the court shall award to the defendant his costs, unless such informer or plaintiff be an officer of the United States, specially authorized to commence such prosecution; and the court before whom the action or information shall be tried, shall, at the trial, in open court, certify upon record, that there was reasonable cause for commencing the same, in which case no costs shall be adjudged to the defendant.

§ 6. That the fees and compensations to the several officers able as in the and persons, herein before mentioned, other that those which are above directed to be paid out of the treasury of the United States, shall be recovered in like manner as the fees of the officers of the states, respectively, for like services are recovered.

tively.

Fine or impriBonment for wilfully and corruptly demanding un. lawful fees.

ed.

198.

§ 7. That if any officer hereinbefore mentioned, or his deputy, shall, by reason or color of his office, wilfully and corruptly, demand and receive any greater fees than those allowed by this act, he shall, on conviction thereof in any court of the United States, forfeit and pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding six months, at the discretion of the court before whom the conviction shall be.

Repeal of the § 8. That the act passed at the last session of congress, entitled acts mention- "An act to continue in force, for a limited time, an act passed at the first session of congress, entitled "An act to regulate proVol. i. p. 169, cesses in the courts of the United States ;" and also, another act, passed at the last session of congress, entitled "An act providing compensations for the officers of the judicial courts of the United States, and for jurors and witnesses, and for other purposes," be, and the same are hereby, repealed.

Writs of error to be issued by clerks of circuit court according to the form

§ 9. That it shall be the duty of the clerk of the supreme court of the United States, forthwith to transmit to the clerks of the several circuit courts, the form of a writ of error, to be ap proved by any two of the judges of the supreme court, and it shall be lawful for the clerks of the said circuit courts to issue by the clerk of writs of error agreeably to such forms, as nearly as the case may

transmitted

the supreme

court, &c.

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Clerks of district and cir

admit, under the seal of the said circuit courts, returnable to the
supreme court, in the same manner as the clerk of the supreme.
court may issue such writs, in pursuance of the act, entitled
'An act to establish the judicial courts of the United States."

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§ 10. That it shall and may be lawful for the clerks of the discuit courts, in trict and circuit courts, in the absence, or in case of the disabithe absence of lity of the judges, to take recognisances of special bail, de bene The judge, authorized to esse, in any action depending in either of the said courts, and take recogni- also the affidavits of all surveyors relative to their reports, and to zance of spe- administer oaths to all persons identifying papers found on board of vessels or elsewhere, to be used on trials in admiralty causes. § 11. That in all suits and actions in any district court of the Where judges United States, in which it shall appear that the judge of such court is, any ways, concerned in interest, or has been of counsel for either party, it shall be the duty of such judge, on applica

cial bail, &c. Vol. ii. p. 1214.

of district

courts have

been concerned

tion of either party, to cause the fact to be entered on the mi- as counsel, &c. nutes of the court, and also to order an authenticated copy fact, on appliin suits, the thereof, with all the proceedings in such suit or action, to be cation, to be forthwith certified to the next circuit court of the district, which entered on the cicuit court shall, thereupon, take cognizance thereof, in the minutes, and like manner, as if it had been originally commenced in that court, and shall proceed to hear and determine the same accor- court, where dingly.

certified to the

next circuit

the action may

be tried as if

of former

§ 12. That all the records and proceedings of the court of originally appeals, heretofore appointed, previous to the adoption of the commenced present constitution, shall be deposited in the office of the clerk therein. of the supreme court of the United States, who is hereby author- Records, &c. ized and directed to give copies of all such records and proceed- court of apings, to any person requiring and paying for the same, in like peals, to be manner as copies of the records and other proceedings of the deposited in said court are by law directed to be given: which copies shall the clerk of have like faith and credit as all other proceedings of the said supreme court, court. [Approved, May 8, 1792.]

CHAP. [37.] An act making alterations in the treasury and war departments.

the office of

who is authorized to give copies, &c. Vol. i. p. 45, 196, 556.

partment of

§ 1. Be it enacted, &c. That there be an accountant to the de- An accountpartment of war, who shall be charged with the settlement of ant for the deall accounts relative to the pay of the army, the subsistence of war. officers, bounties to soldiers, the expenses of the recruiting ser- His duties. vice, the incidental and contingent expenses of the department; and who shall report, from time to time, all such settlements, as shall have been made by him, for the inspection and revision of the accounting officers of the treasury; and the said accountant shall also be charged with the settlement of all claims for personal service, authorized by the act of this congress of the twentyseventh of March last, and of all military claims lodged in the late office of the paymaster general, and commissioner of army accounts, which are not foreclosed by the acts of limitation of the late congress, and he shall report, from time to time, all such Vol. i. p. 432. settlements as have been made by him, for the inspection and revision of the comptroller of the treasury. The compensation Salary of the of the said accountant shall be a yearly salary of one thousand 1,200 dolls. two hundred dollars.

accountant,

the U. States

§ 2. That the treasurer of the United States shall disburse all Treasurer of such moneys as shall have been previously ordered for the use to disburse of the department of war by warrants from the treasury; which moneys for the disbursements shall be made pursuant to warrants from the secre- use of the de. tary of war, countersigned by the accountant.

§ 3. That there be a paymaster, to reside near the head quarters of the troops of the United States. That it shall be the duty of the said paymaster to receive, from the treasurer, all the moneys which shall be intrusted to him for the purpose of paying the pay, the arrears of pay, subsistence, or forage, due to the troops of the United States.. That he shall receive the pay abstracts of the paymasters of the several regiments or corps, and compare the same with the returns or muster rolls which shall accompany the said pay abstracts. That he shall certify, accu

partment of

war.

Vol. iii. p. 1853.

A

paymaster head quarters. both,

to reside near

His duties; bond;

&c.

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