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or package, containing such wine, describing therein the said cask, case, box or package, and the wines therein contained, which certificate shall accompany the same, wherever it may be sent. And if any person who may have wines in his or her possession for sale, shall not, prior to the said last day of June next, make entry thereof, as above directed, he or she, for such omission or neglect, shall forfeit and pay the value of the wine omitted to be entered, to be recovered with costs of suit, for the benefit of any person who shall give information thereof, and the wines
so omitted to be entered, shall be forfeited. How beer, &c. Sec. 12. And be it further enacted, That from and after the last day shall be brought of December next, no beer, ale or porter shall be brought into the United
States, from any foreign port or place, except in casks or vessels, the capacity whereof shall not be less than forty gallons, or in packages containing not less than six dozen of bottles, on pain of forfeiture of the said beer, ale or porter, and of the ship or vessel, in which the same
shall be brought Daties aforesaid Sec. 13. And be it further enacted, That the several and respective how long to be duties aforesaid, except that mentioned in the fourth section of this act, collected.
shall continue to be levied, collected and paid, until the debts and purposes, to and for which the duties, hereby directed to cease after the last day of June next, were pledged and appropriated, shall have been fully paid and satisfied; and that so much thereof, as may be necessary, shall be, and are hereby pledged and appropriated, in the same manner, for the same purposes, and with the same force and effect, as those, which are hereby directed to cease after the said last day of June next, and that so much of the residue thereof, as may be necessary, shall be, and are hereby appropriated for making good deficiencies in any funds, which may have been designated for satisfying grants and appropriations
heretofore made. Limitation of Sec. 14. And be it further enacted, That the additional duty of two ad valorem du- and an half per centum ad valorem, specified in the fourth section of ties, specified in 4th section,
this act, shall continue for the term of two years, from the commence
ment thereof, and no longer, Appropriation Sec. 15. And be it further enacted, That the sum of one hundred of surplus du- and fifty thousand dollars, out of the surplus of the duties, which accrued ties. 1792, ch. 9.
to the end of the year one thousand seven hundred and ninety-one, and a farther sum of five hundred and twenty-three thousand five hundred dollars, out of the surplus of the duties hereby established as the same shall accrue, making together the sum of six hundred and serenty-three thousand five hundred dollars, shall be, and are hereby appropriated and applied, in addition to any former appropriation for the military establishment of the United States, towards carrying into execution the act, intituled “An act for making farther and more effectual provision for
the protection of the frontiers of the United States." President of Sec. 16. And be it further enacted, That the President of the United U. States to take States be empowered to take on loan, on account of the United States, on loan from the bank, &c. a from the President, directors and company of the bank of the United certain sum of States, who are hereby authorized and empowered to lend the same, money.
from any other body politic or corporate within the United States, or from any other person or persons, the whole or any part of the aforesaid sum of five hundred and twenty-three thousand five hundred dollars, to be applied to the purpose, to and for which the same is above appropriated, and to be reimbursed out of the aforesaid surplus of the duties by this act imposed, which surplus is, accordingly, appropriated to the said reimbursement. Provided, That the rate of interest of such loan shall not exceed five per centum per annum, and that the principal thereof may be reimbursed at the pleasure of the United States.
Sec. 17. And be it further enacted, That so much of the act, intituled "An act to provide more effectually for the collection of duties imposed
by law on goods, wares and merchandise imported into the United Rate of livre States, and on the tonnage of ships or vessels," as hath rated the livre
France altered. tournois of France at eighteen and an half cents, be and the same is 1790, ch. 35. hereby repealed. Sec. 18. And be it enacted and declared, That if the principal, in
Mode of proany bond which shall be given to the United States, for duties on goods, cedure in case wares, and merchandise imported, shall be insolvent, or if such prin- of insolvency of
principal bonds, cipal being dead, his or her estate and effects, which shall have come to &c. the hands of his or her executors or administrators, shall be insufficient for the payment of his or her debts, and if, in either of the said cases, any surety in the said bond, or the executors and administrators of such surety, shall pay to the United States the monies thereupon due, such surety, his or her executors or administrators, shall have and enjoy the like advantage, priority and preference, for the recovery and receipt of the said monies out of the estate and effects of such insolvent or deceased principal, as are reserved and secured to the United States, by the forty-fourth section of the act, intituled “ An act to provide more 1790, ch. 35. effectually for the collection of duties imposed by law on goods, wares, and merchandise imported into the United States, and on the tonnage of ships or vessels,” and shall and may bring and maintain a suit upon the said bond, in law or equity, in his, her or their own name or names, for the recovery of the monies which shall have been paid thereupon. And it is further declared, That the cases of insolvency in the said forty-fourth section mentioned, shall be deemed to extend, as well to cases in which a debtor, not having sufficient property to pay all his or her debts, shall have made a voluntary assignment thereof, for the benefit of his or her creditors, or in which the estate and effects of an absconding, concealed or absent debtor shall have been attached by process of law, as to cases, in which an act of legal bankruptcy shall have been committed.(a)
Sec. 19. And be it further enacted, That the President of the United President of States be, and hereby is authorized to appoint such place within the J. States to ap: district of Vermont to be the port of entry and delivery within the said
point port of
entry and de district, as he may deem expedient, any thing in the act, intituled " An livery in Veract giving effect to the laws of the United States within the state of Ver- mont.
1791, ch. 12. mont," to the contrary notwithstanding.
APPROVED, May 2, 1792. (a) Priority of the United States. In all cases of insolvency or bankruptcy of a debtor of the United States, they are entitled to payment out of his effects. The United States v. Fisher et al., 2 Cranch, 359; 1 Cond. Rep. 421.
The United States have no lien on the estate of their debtor, until suit brought, or a notorious insolvency or bankruptcy has taken place; or, being unable to pay all his debts, he has made a voluntary assignment of all his property; or the debtor having absconded, concealed, or absented himself, his property has been attached by process of law. United States v. Hoe et al., 3 Cranch, 73; 1 Cond. Rep. 458.
The 5th section of the act of March 3, 1797, giving a priority of payment to the United States out of the effects of their debtors, did not apply to a debt due before the passing of the act, although the balance was not adjusted at the treasury until after the act was passed. United States v. Bryan et al., 9 Cranch, 374; Cond. Rep. 436.
In case of insolvency the United States are not entitled to a priority of payment, unless the insolvency be a legal and known insolvency, manifested by some notorious act of the debtor, pursuant to the act of Congress. Prince v. Bartlett, 8 Cranch, 431 ; 3 Cond. Rep. 199.
The United States are not entitled to a priority over all creditors, under the 65th section of the act of March 2, 1799, upon the ground of the debtor having made an assignment for the benefit of his creditors, unless it is proved that it is all the debtor's property. United States v. Howland et al., 4 Wheat. 108; 4 Cond. Rep. 404.
The priority of the United States does not attach by the mere concealment of the debtor when insolvent. Ibid.
It has never been decided by the Supreme Court, that the priority of the United States will divest a specific lien attached to anything, whether it be accompanied by possession or not. Conard v. The At. lantic Ins. Comp., 1 Peters, 439.
The priority of the United States extends as well to debts by bonds which are payable after insolvency or decease of the obligor, as to those actually due or payable at the period thereof. The United States v. The State Bank of North Carolina, 6 Peters, 29.
The priority of the United States for debts due to them by an insolvent debtor, or by the estate of a deceased debtor, does not extend to affect the lien of an incorporated bank on the stock held by one indehted to the bank, when by the charter of the bank such a lien is given. Brent v. The Bank of Washington, 10 Peters, 596.
STATUTE I. May 2, 1792.
CHAP. XXVIII.-An Act to provide for calling forth the Mililia to execute the
laws of the Union, suppress insurrections and repel invasions. [Repealed.] Section 1. Be it enacted by the Senate and House of Representatives U. States how of the United States of America in Congress assembled, That whento proceed in ever the United States shall be invaded, or be in imminent danger of case of invasion invasion from any foreign nation or Indian tribe, it shall be lawful for by foreign na. the President of the United States, to call forth such number of the
militia of the state or states most convenient to the place of danger or 1795, ch. 36, scene of action, as he may judge necessary to repel such invasion, and sec. 10.
to issue his orders for that purpose, to such officer or officers of the Insurrection militia as he shall think proper; and in case of an insurrection in any against the gov, state, against the government thereof, it shall be lawful for the President ernment of any state ;
of the United States, on application of the legislature of such state, or of the executive (when the legislature cannot be convened) to call forth such number of the militia of any other state or states, as may be ap
plied for, or as he may judge sufficient to suppress such insurrection. or opposition to Sec. 2. And be it further enacted, That whenever the laws of the the execution of United States shall be opposed, or the execution thereof obstructed, in the laws of U. any state, by combinations too powerful to be suppressed by the ordinary States.
course of judicial proceedings, or by the powers vested in the marshals by this act, the same being notified to the President of the United States, by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of militia, so to be called forth, may be continued, if necessary, until the
expiration of thirty days after the commencement of the ensuing session. By proclama Sec. 3. Provided always, and be it further enacted, That whenever tion to order in- it may be necessary, in the judgment of the President, to use the milisurgents to disperse.
tary force hereby directed to be called forth, the President shall forthwith, and previous thereto, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, within a
limited time. Pay of the Sec. 4. And be it further enacted, That the militia employed in the militia employ service of the United States, shall receive the same pay and allowances, ed by U. States. as the troops of the United States, who may be in service at the same
time, or who were last in service, and shall be subject to the same rules and articles of war: And that no officer, non-commissioned officer or private of the militia shall be compelled to serve more than three months 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. Penalty on Sec. 5. And be it further enacted, That every officer, non-commisdisobeying the sioned officer or private of the militia, who shall fail to obey the orders President of U. of the President of the United States in any of the cases before recited, States.
shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court martial; and such officer shall, moreover, be liable to be cashiered by sentence of a court martial : and such non-commissioned officers and privates shall be liable to be imprisoned by a like sentence, on failure of payment of the fines adjudged against them, for the space of one calendar month for
every five dollars of such fine. Courts martial Sec. 6. And be it further enacted, That courts martial for the trial of how composed. militia shall be composed of militia officers only.
Sec. 7. And be it further enacted, That all fines to be assessed, as
aforesaid, shall be certified by the presiding officer of the court martial
Fines to be before whom the same shall be assessed, to the marshal of the district, certified, in which the delinquent shall reside, or to one of his deputies; and also to the supervisor of the revenue of the same district, who shall record the said certificate in a book to be kept for that purpose. The said marshal or his deputy shall forthwith proceed to levy the said fines with and duty of
marshals here. costs, by distress and sale of the goods and chattels of the delinquent, in. which costs and the manner of proceeding, with respect to the sale of the goods distrained, shall be agreeable to the laws of the state, in which the same shall be, in other cases of distress; and where any non-commissioned officer or private shall be adjudged to suffer imprisonment, there being no goods or chattels to be found, whereof to levy the said fines, the marshal of the district or his deputy may commit such delinquent to gaol, during the term, for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprisonment at the suit of the United States, may be committed.
Sec. 8. And be it further enacted, That the marshals and their depu To pay the ties shall pay all such fines by them levied to the supervisor of the reve- fines to the sunue, in the district in which they are collected, within two months after pervisor, &c. they shall have received the same, deducting therefrom five per centum, as a compensation for their trouble; and in case of failure, the same shall be recoverable by action of debt or information in any court of the United States, of the district, in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted and recovered, in the name of the supervisor of the district, with interest and costs.
Sec. 9. And be it further enacted, That the marshals of the several Powers of the districts and their deputies, shall have the same powers in executing the marshals. laws of the United States, as sheriffs and their deputies in the several states have by law, in executing the laws of their respective states.
Sec. 10. And be it further enacted, That this act shall continue and Continuation be in force, for and during the term of two years, and from thence to of this act. the end of the next session of Congress thereafter, and no longer. APPROVED, May 2, 1792.
STATUTE I. Chap. XXIX.--An Act for the relief of persons imprisoned for Debt.(a) May 5, 1792. Section 1. Be it enacted by the Senate and House of Representatives
Persons im. of the United States of America in Congress assembled, That persons prisoned on ex. imprisoned on executions issuing from any court of the United States ecutions issuing
from courts of for satisfaction of judgments in any civil actions shall be entitled to like
U. States, to privileges of the yards or limits of the respective gaols as persons con- have like privifined in such gaols for debt on judgments rendered in the courts of the leges as are al.
lowed by state several states are entitled to, and under the like regulations and restrictions.
(a) The acts relating to imprisonment for debt, passed subsequent to this act, are: An act to continue in force the act for the relief of persons imprisoned for debt, passed May 30, 1794, chap. 34; an act for the relief of persons imprisoned for debt, passed May 28, 1796, chap. 38; an act supplementary to an act entitled, "An act for the relief of persons imprisoned for debts due to the United States," passed June 6, 1798, chap. 50 ; an act for the relief of persons imprisoned for debt, passed January 6, 1800, chap. 4; an act supplementary to “an act for the relief of persons imprisoned for debts due to the United States," passed March 3, 1817, chap. 114 ; an act supplementary to an act entitled, “An act for the relief of persons imprisoned for debt,» passed January 7, 1824, chap. 3; an act supplementary to the act entitled, “An act supplementary to the act entitled, 'An act for the relief of persons imprisoned for debt," " passed April 22, 1824, chap. 40; an act for the relief of certain insolvent debtors of the United States, passed March 2, 1831, chap. 62; an act in addition to an act entitled "An act for the relief of certain insolvent debtors of the United States," passed July 14, 1832, chap. 230; an act to ex. tend, for a longer period, the several acts now in force for the relief of certain insolvent debtors of the United States, passed March 2, 1837, chap. 23; an act to extend for a longer period the several acts now in force for the relief of insolvent debtors to the United States, passed May 27, 1840, chap. 10; an act to re-enact, and continue in operation, the several acts now in force for the relief of insolvent debtorg of the United States, passed January 28, 1843, chap. 20. VOL. I.-34
Mode of pro. ceeding with respect to persons imprisoned.
Sec. 2. And be it further enacted, That any person imprisoned as aforesaid, may have the oath or affirmation herein after expressed administered to him by any judge of the United States, or of the general or supreme court of law of the state in which the debtor is imprisoned, the creditor, his agent or attorney, if either live within one hundred miles of the place of imprisonment, or within the district in which the judgment was rendered, having had at least thirty days previous notice, by a citation served on him, issued by any such judge, to appear at the time therein mentioned, at the said gaol, if he see fit, to show cause why the said oath or affirmation should not be so administered; at which time and place, if no sufficient cause, in the opinion of the judge, be shown or doth from examination appear to the contrary, he may, at the request of the debtor, proceed to administer to him the following oath or affirmation, as the case may be, viz: “You solemnly swear (or affirm) that you have not estate, real or personal, nor is any to your knowledge' holden in trust for you to the amount or value of twenty dollars, nor sufficient to pay the debt for which you are imprisoned.” Which oath or affirmation being administered, the judge shall certify the same under his hand, to the prison keeper, and shall fix a reasonable allowance for the debtor's support, not exceeding one dollar per week; and if the creditor shall thereafter any week fail to furnish ihe debtor with such weekly support, by paying or advancing the money to him, or to the prison keeper, for his use, the debtor shall be discharged from his imprisonment on such judgment, and shall not be liable to be imprisoned again for the said debt; but the judginent shall remain good and sufficient in law, and may be satisfied out of any estate which may then or at any time afterwards belong to the debtor.
Sec. 3. And be it further enacted, That if any person shall falsely take the oath or affirmation aforesaid, such person shall be deemed guilty of perjury, and suffer the pains and penalties in that case provided.
Sec. 4. And be it further enacted, That this act shall continue and be in force, for the space of one year from the passing thereof, and from thence to the end of the next session of Congress, and no longer.
APPROVED, May 5, 1792.
Penalty on false swearing.
1790, ch. 9, sec, 18.
Limitation of this act.
on certain con
May 5, 1792. Chap. XXX.-- An Act authorizing the grant and conveyance of cerlain Lands
to John Cleves Symmes, and his Associales. President au Section 1. Be it enacted by the Senate and House of Representathorized to grant a certain tives of the United States of America in Congress assembled, That the number of acres President of the United States be and he hereby is authorized and to J.C. Symmes,
empowered to issue letters patent in the name and under the seal of the ditions. United States, thereby granting and conveying to John Cleves Symmes
Act of March and his associates, and to their heirs and assigns, in fee simple, such 2, 1799, ch. 34. number of acres of land as the payments already made by the said John 1801, ch. 23.
Cleves Symmes, his agents or associates, under their contract of the fifteenth day of October one thousand seven hundred and eighty-eight, will pay for, estimating the lands at two thirds of a dollar per acre, and
making the reservations specified in the said contract. To grant one Sec. 2. And be it further enacted, That the President be and he other tract.
hereby is further authorized and empowered, by letters patent as aforesaid, to grant and convey to the said John Cleves Symmes and his associates, and to their heirs and assigns in fee simple, one other tract of one hundred and six thousand eight hundred and fifty-seven acres, with the reservations as aforesaid: Provided, That the said John Cleves Symmes, or his agents or associates, or any of them, shall deliver to the Secretary of the Treasury, within six months, warrants which issued