A NATIONAL PAPER, PUBLISHED WEDNESDAYS ANJ) SATURDAYS BY JOHN FENNO, No. 69, HIGH-STREET, PHILADELPHIA
[No. 114, of Vol. lII.]
LAWS OF THE UNION.
SECOND CONGRESS OF THE UNITED STATES.
AT THE FIRST SESSION,
Begun a«d held at the city of Philadelphia, in the State of Penn
fylvfcnia, Monday the twenty-fourth of October, one
thousand seven hundred and ninety-one.
AN ACT for regulating Processes in the Courts
of the United States, and providing Cpmpenfa
tions for the Officers of the said Courts, and
for Jurors and Witnesses.
BE it enacted by the Senate and House of Representatives of
the United States of America, in Congress assembled, That
all wriis and processes issuing from the supreme or a circuit court,
shall bear test of ihe chief justice of the supreme court (or if that
office (hall be vacant) of the associate justice next in precedence ;
and all writs and processes issuing from a diftrift court, Ihall bear
test 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
clerk thereof. The seals (hall be provided at the expense of the
United States.
And be it further enacted, That the forms of writs, executions
and other process, except their stile and the forms and modes of
proceeding in suits in thofc of common law shall be the lame as
are now used in the said courts refpeftivciv in pursuance of the
ast, entitled, " An ad to regulate processes in the courts of the
United States." in thole of equity and in those of admiralty and
maritime jurifdiftion according to the principles, rules and usages
which be long to courts of equity and to courts of admiralty ref
peftively, as contra diftinguilhed from courts of common law ;
except so far as may have been provided for by the ast to esta
blish the judicial courts of the United States, fubjeft however to
such alterations and additions as the said courts refpeftively. shall
in their discretion deem expedient, or lo such regulations as the
supreme court of the United Slates shall think proper from time
to time by rule to prefctibe to any circuit or diftrift court con
cerning the fame : Provided, That on judgments in any of the
cases aforeiaid where different kinds of executions are ifluable in
fuceeffion, a capias ad Jatisfaciendum being one, the plaintiff shall
have his election to takeout a capias ad JaiisJacttnduin in the fiiit
instance.
And be it further enacted, That from and after the parting this
ast, the fees and compensations to the several officers and other
pei foils hereafter mentioned, shall be as follows ; that is to fay,
to the marshals of the several diftrifts of the United States, for the
service of any writ, warrant, attachment or process in chancery,
on each person named in the fame two dollars : for his travel out
in serving each writ, warrant, attachment or process aforeiaid 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 compu
ted from the court to the place of service which is mod remote,
adding thereto the extra travel ncceffary to serve it on the other :
Provided, That the fee for travel where there is one person named
in fnch writ, warrant, attachment or process, shall in no cafe ex
ceed seven dollars, and when there are more than one the fee for
extra travel shall not exceed one dollar above seven dallars for
each person. For each bail bond, fifty cents: for felling goods
and vessels condemned, and receiving and paying the money three
per cent : for every commitment or discharge of a prisoner, filty
cents: for summoning witnesses, where he does it, each thirty
cents : for summoning a grand or petit jury, each three dollars :
Provided, That in iholeftates where jurors by the laws of the
State are drawn by constables or other officers or corporate towns
or places by lot, the marshals fha'l receive for the use of such con
stables or officers the fees allowed for summoning juries : For
attending the supreme, circuit or diftrift courts five dollars per
day, and at the rate of ten cents per mile for his expenses and !
time for travelling from the place of his abode to either of the laid
courts: for levying an execution, 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 render
ed : To the clerk of the supreme court of the United Slates, ten
dollars per day tor his attendance in court, and for his other ser
vices in ditcharging the duties of his oflice, double the fees of the
clerk of the supreme court of that State in which the supreme
court of the United States shall be holdcn. To the clerk of the
diftrift and circuit courts such fees in each Slate refpeftively as
are allowed in the supreme courts of the fame ; and five dollars
per day for his attendance on any circuit or diftrift court, and at
the rate of ten cents per mile for his expenses and time in travell
ing from the place of his abode to either of the said courts. And
in cafe any clerk of a court of the United Slates shall in discharg
ing the duties of his oflice perform any kind of service which is
not performed by the clerks of the courts of the State, and so:
which the laws of the State make no allowance, the court in
which such service shall be rendered may allow a reasonable com
pensation therefor. To each grand and petit juror fitty cen;s per
day for attending in court, and for travelling at the rate of five
cents per every mile from their relpeftive places of abode to the
place where the court is held, and the like allowance for return
ing : To witnesses summoned in any of the courts of the United
States the fame compeufatiorrs in each State rdpeftively as aie al
lowed in the supreme courts of the fame : To the attorney of the
United States :or the diftrift, such fees in each State refpeftively as
are allowed in the supreme courts of the fame, and also the like
compensation for travelling as is above allowed to the clerk of the
diftrift and circuit courts.
And be it further ena&ed, That the marChal shall have the cus
tody of all vessels and goods seized by any officer of the revenue,
and shall be allowed such compensation therefor as the courts
may juifge rtafonable : And there shall be paid to the marshal
the amount of the expense for fuel, candles, and other .rcafonable
contingencies that may accrue in holding the courts within his
diftrift, and providing the books necessary to record the proceed
ings thereof : and such amouut, as alio the compensations afore
faid so the grand and petit jurors.—To the witr.elTes summoned
on the part of the United States, to the clerk of the supreme court
for his attendance—to the clerks of the diftritt and circuit courts
for their tiavelltng and attendance—to the attorney of the diftri6l
for travelling to court—to the marshal for his attendance at couit;
for fummomng grand and petit jurors znd witnefles in behalf of
any prisoner to be tried for a capital offence ; for the maintenance
of prison rs confiiicd in gaol for any criminal offence, and for the
commitment or difchargeof such prisoner—and also the legal fees
Wednesday, May 50, 1792.
of the clerk, attorney and marshal, in criminal prosecutions, shall
be included in the account of the marshal ; and the fame having
been examined and certified by the court or one of the judges ol
it in which the service shall have been rendered, Ihall be pafled in
the usual manner at aud the amonnt thereof paid out of the trea
sury of the United States, to the marshal, and by him shall be paid
over to the persons entitled to the fame, and the mai fhal be allow
two and a half per cent, on the amount by him so paid over to be
charged in his future account.
And be it further enacted, That in every prosecution for any
fine or forfeiture incurred under any statutes ot the United States,
if judgment is rendered against the defendant he shall be fubjeft
to the payment of costs—and on every conviction for any othei
offence not capital the court may in their difcietion award tnat
the defendant shall pay the costs of prosecution—And if any in
former or plaintiff on a penal ftat,ute to whose benefit the penalty
or any part thereof it recovered is directed by law to accriie shall
discontinue his suit or prosecution or shall be non suit in the fame,
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 authorifid to
commence such prosecution, and the court before whom the action
cr information shall be tried, shall at the trial in open court, cer
tify upon record, that there was reasonable cause for commencing
the fame) in which cafe no costs shall be adjudged to the defend
ant. * „ .
And be it further enacted, That the fees and compensations to
the several officers and persons herein before mentioned, other
than those which are above dire&ed to be paid out of the trealury
of the United States, shall be recovered in like manner as the tees
cf the officers of the dates refpeftively for like services are reco
vered
And be it further ena&ed, That if any officer herein before
mentioned, or his deputy, (hall by reason and colour of his office
wilfully and corruptly demand and receive any greater fees than
those allowed by this a6fc, he shall on conviftiou thereof in any
court of the United States, forfeit and pay a fine not exceeding
five hundred dollars, or be impriloned not exceeding fix months,
at the discretion of the court before whom fhall^be.
And be it fuither enacted, That the ast passed at the last feflion
ot Congress, entitled, An ast to continue in force for a limited
time, an ast palled at the tirit feflion of Congress, entitled, "An
ast to regulate procefles in the courts of the United States ; and
also another ast palled at the last feflion ot Congress, entitled,
" An ast providing compensations for the officers of the judicial
courts of the United States and for jurors and witnefles, and for
other put poses," be and the fame are hereby repealed.
And be it further euafted, That it fhali be the duty of the
clci k of thp supreme court of the United States, forthwith to
tranfrnit to the clerks ot the several circuit courts the form of a
writof error, to be approved by any two of the judges ot the su
preme court, and it (hall be lawful for the clerks of the said cir
cuit courts, to iflue writs <»f error agreeably to such forms, as near
ly as the cafe may admit, under the seal of the said circuit courts,
returnable to the supreme court, in the fame manner as the clerk
of the supreme court may iflue such writs, in puifuance of the
intituled, 4t An ast to establish the judicial courts of the United
States."
And be it fuither enacted, Tnat it shall and may be lawful for
the clerks of the diftrift and circuit couits, in the absence or in
cafe of the disability of the judges, to take recognizances of spe
cial bail de bene ejfe t in any action depending in either of the said
courts, and also the affidavits of all surveyors relative to their re
poits, and to administer oaths to all persons identifying papers
found on board of velTels or elsewhere, to be used on trials in ad
miralty causes.
And be it further enacted, That in all suits and actions in any
diftrift court of the 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 (hall be the duty of such judge
on application of either party, to cause the fact to be entered on
the minutes of the court, and also to order an authenticated'copy
thereof, with all the proceedings in such suit or action, to be forth
with certified to the next circuit court of the diftrift, which cir
cuit court (hall, thereupon, take cognizance thereof, in the like
manner, as if it had been originally commenced in that court,
and ' all proceed to hear and determine the lame accordingly.
Aud be it further enacted, That all the records and proceedings
of the court of appeals heretofore appointed, previous to the adop
tion of the present constitution, shall be deposited in the office of
the clerk of the supreme court of the United States, who is hereby
authorized and directed to give copies of all such records and
| proceedings, to any person requiring and paying for the fame,
in like manner, as copies of the records and other proceedings ot
the said court are by law directed to be given ; which copies Ihall
have like faith and credit, as all other proceedings of the said
court,
JONATHAN TRUMBULL, Speaker
of the Houfc of Reprefcntativcs,
RICHARD HENRY LEE, President
pro tempore of the Senate.
APPROVED MAY THE EICHTH, 17Q2.
An ACT concerning the claim of John Brown
Cutting againlt the United States.
BE it ena&ed by the Senate and House ot Representatives of
the United States of America in Congress aflembled, That
in consideration of certain expenditures on behalf ot the United
States, made by John Brown Cutting in the year one thouland
seven hundred and ninety, there be advanced and paid to the said
John Brown Cutting, the sum of two thousand dollars, out of any
public money not otherwise appropriated.
And be it further en acted, Thatthe Secretary ofSrate be au
thorized to enquire into the entire claim ot the said John Brown
Cutting, against the United States, and upon receipt ol the prooU
and exhibits in support thereof, to afcertaui what sum shall there
upon appear to be due to or from him, in account with the Unit
ed States, including the advance hereby directed, and to report
the fame to the next fefTionof Congress.
JONATHAN TRUMBULL, Speaker
of the Iloufe of RcpreJcntatives.
RICHARD HENRY LEE, Vrefident
pro tempore oj the Senate.
APPROVED. MAY THE EIGHTH, 179?..
GEORGE WASHINGTON,
Prefidentof the United States.
453
GEORGE WASHINGTON,
President of the United States.
0&&O
[Whole No. j 2 2.]
An ACT to compensate the services of the late
Colonel George Gibson.
BE it enacted by the Senate and House ot Reprelentatives of
the United States of America in Congress affcmbled, That
there be allowed and paid to the executors or adwiniitrators of
the late Colonel George Gibfon or to their attorney or attornics
legally appointed and authorised to receive the fame for ihe use
and benefit ot his heirs, the sum of one thousand dollars for extra
ordinary services by him rendered to the Uni'ed States during the
year one thousand seven hundred and frventy-fix.
JONATHAN TRUMBULL, Speaker
of the Houje of Representatives,
RICHARD HENRY LEE, President
pro tempore of the Senate.
APPROVED. MAY THE EIGHTH, 1792.
GEORGE WASHINGTON.
President of the United States.
AN ACT to provide for a Copper Coinage.
BE it ena£led by the Senate and House of Reprefentdttves of
the United States of America in Congress alfembled, That
the director of the mint, with the approbation of ihe Prefider.t of
the United States, be authorized to contraff for and purchase a
quantity of copper, not exceeding one hundred and fifty tons,
and that the fatd diie&or, as soon as the needful preparations (hall
be made, cause the copper by him purchafcd to be coined at the
mint into cents, and half cenis pursuant to 11 the a6l eftablifbing a
mint, and regulating the coins of the United States," and that the
said cents and half cents, as they (ball be coined, be paid into
the Treafurv of the United States, thence to iflue into circulation.
And be it further enaaed, That alter the expiration of fix ca
lendcr'months from the time when there (hall have btrSti paid in
to thetreafury by the said dircftor, in cents and half cents, a sum
not less than fifty thousand dollats, which time (hall foithwith be
announced by the trcafurer in at lead two gazettes or news-papers,
publilhed at the feat of the government of the United States, for
the time being, no copper coins or pieces whatsoever, except the
said cents and half cents, (hall pass current as money, or (hall be
paid or offered to be paid or received in payment for any debt,
demand, claim, matter or thing whatsoever ; and all copper coins
or pieccs, except the said cents and half cents, which (hall be paid
or offered to be paid or received in payment contrary to the pro
hibition aforrfaid, (hall be foifeited, and every person by whom
any of them (hall have been so paid or offered to be paid or re
ceived in payment, (hall also forfeit the sum of ten dollars, and
the said forfeiture and penjlty (hall and may be recovered with
costs of suit for the benefit of any person or petlons by whom in
formation of the incurring thereof (hall have been given.
JONATHAN TRUMBULL, Speaker
of the House of Representatives.
RICHARD HENRY LEE, President
pro tempo 7 eof the Senate.
APPROVED, MAY THE EICHTH, 1792
GEORGE WASHINGTON,
President of the United States.
RESOLVED by the Senate and House of Representatives of
the United States of America in Congress aftembled, That
the Secretary of the Treafuiy eaufe to be provided, for the use of
the several collectors in the United States, printed clearances, on
the back whereof shall be a printed account of the methods, which
have been found to answer for obtaining freih, from fait water,
and of conftrufting extempore ftvlls, of such implements, as are
generally on board of every vessel, with a recommendation, in all
cases, where-they fliall have occalion to resort to this exp dtent
for oblaining water, to publish the result of their trial in some ga
zette, on their return to the United States, or to communicate it
for publication, to the toffice of the Secretary of State, in order
that others may, bv their success, be encouraged to make fnnilar
trials, and be benefited by any improvements or new ideas, which
may occur to them in prattice.
JONATHAN TRUMBULL, Speaker
of the House of Reprejcntativcs.
RICHARD HENRY LEE, Ptefident
pro tempore oj the Senate.
APPROVED, MAY TH £ EIGHTH, 1792.
GEORGE WASHINGTON,
President of the United States.
AN ACT to alter the time for the next Annual
Meeting of Congress,
BE it enatted by the Senate and House of Representatives of
the United States of America, in Congress assembled,
That after the adjournment of the present session, the next
annual meeti*g of Congress lhall be on the firft Monday in
November next.
Jonathan Trumbull, speaker
of the limfe of Representatives.
RICHARD HENRY LEE, PrtJUnt
pro tempore ej the Semale.
APPROV £0, MAY TH« lIFTH, *
GEORGE WASHINGTON,
Prefidentof the United States.
AN ACT for making compensations to the Com*
mitfioners of Loans for extraordinary expences.
BE it ena&ed by the Senate and House of Representatives
of the United States of America, in Congress aflembled,
That the Commifiioners of Loans in the several states (hall be
allowed, in the settlement of their accounts, such sums as shall
appear to have been necefTarily expended by them in the pur
chase of stationary for the use of their several offices, and also
for the hire of clerks to aflift in executing the duties of their
refpe&ive offices, from the firft day of October last, until the
firft day of March, one thousand seven hundred and ninety
three.
JONATHAN TRUMBULL, Speaker
of the Houje of Representatives.
RICHARD HENRY LEE, Pre/ident
pro tempore oj the Senate.
APPROVED MAY THE EICHTH, 1792.
GEORGE WASHINGTON,
Pref.dent of the United States.