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business in June term, one thousand seven hundred and ninety-five; and no judge attended to hold the said court in November term, in the same year: in consequence whereof, certain provisions are now become necessary and expedient to prevent a failure of justice in the said court :

Section 1. Be it therefore enacted by the Senate and House of Repre District judge sentatives of the United States of America in Congress assembled, of No Carolina That it shall and may be lawful, for the district judge of the state of

process for North Carolina, to direct the clerk of the said court, to issue such pro- a jury to attend cess for the purpose of causing persons to be summoned to serve as jury

the circuit court

at the next June men at the said court, at the term to commence the first day of June next, as has been before issued by the clerk of the said court for the like

purpose returnable to June term, one thousand seven hundred and ninety-five; that the persons ordered by the said process to be summoned for the said purpose, shall be ordered to be summoned in the same proportion and from the same counties, as those persons who were ordered to be summoned for the like purpose by process returnable at June term, one thousand seven hundred and ninety-five: Provided, that it shall appear expedient to the said district judge, that a different time of notice shall be prescribed, than that hitherto prescribed, he may cause such other time of notice to be directed to be given as to him shall

Different time appear most conducive to justice, and convenient to the persons to be

of notice may be

given to jurors. summoned: and the marshal is hereby directed to execute the said process so to be issued, and the persons who shall be legally summoned to attend as jurymen in consequence thereof, are hereby required to attend the said court, under the like penalties for disobedience as if the said process had been ordered to be issued by the said court in the ordinary method of proceeding: And the marshal and the persons who shall attend as jurymen in virtue of the said process so to be issued, shall be entitled to the like allowances for their services respectively. Sec. 2. And be it further enacted, That all suits and proceedings, of

No discontinwhat nature or kind soever, which have been commenced in the said

count of the court and not finished, shall be proceeded on at the ensuing term, in court not having the same manner and to the same effect, as if the said circuit court had been held. been regularly held for the purpose of business in June and November terms, one thousand seven hundred and ninety-five, and continuances had been regularly entered of all suits and proceedings in either or both of the said terms, in which they were depending, in the usual manner of proceeding, as the case might be.

Sec. 3. And be it further enacted, That all writs and other process Process tested sued out of the clerk's office of the said circuit court, according to the in certain terms accustomed method bearing test in November term, one thousand seven

less valid. hundred and ninety-four; June term, one thousand seven hundred and ninety-five, or November term, one thousand seven hundred and ninetyfive, shall be held and deemed of the same validity and effect as if the respective terms of June and November, one thousand seven hundred and ninety-five, had been regularly held by a judge or judges competent to do business and continuances in respect to writs or other process returnable to the two last mentioned terms had been regularly entered.

APPROVED, March 31, 1796.

uance

on

ac.

STATUTE I.

Chap. XI.–An Act to continue in force An act to ascertain the fees in Admi. March 31, 1796.

rally proceedings in the District Cirurts of the United States, and for other purposes.

[Expired.)

March 1, 1793, Be it enacted by the Senate and House of Representatives of the United ch. 20. States of America in Congress assembled, That the act, intituled “An act Continued in

force two years, to ascertain the fees in admiralty proceedings in the district courts of the United States, and for other purposes,” be, and is hereby continued in force, for the term of two years from the passing of this act, and from

thence to the end of the next session of Congress thereafter, and no longer.

APPROVED, March 31, 1796. STATUTE I.

CHAP. XII.- An Act authorizing the erection of a Lighthouse on Baker's Island, April 8, 1796.

in the state of Massachusetts. Secretary of Be it enacted by the Senate and House of Representatives of the the Treasury to United States of America in Congress assembled, That the Secretary tract for build. of the Treasury be, and he is hereby authorized and directed, to provide ing a lighthouse by contract, which shall be approved by the President of the United on Baker’s Is- States, for building a lighthouse on Baker's Island, near the entrance

into the harbor of Salem and Beverly, in the state of Massachusetts, (as soon as a cession of the jurisdiction, to the United States, over the land proper for the purpose, is made by the said state) and to furnish the same with all necessary supplies. And also, to agree for the salaries, or wages, of the person or persons, who may be appointed by the President, for the superintendence and care of the same;

and that the President be authorized to make the said appointments: That the number or disposition of the light or lights, in the said lighthouse, be such,

as may tend to distinguish it from others, as far as is practicable: And Appropriation that six thousand dollars be appropriated for the same, out of any monies therefor. not otherwise appropriated,

APPROVED, April 8, 1796. STATUTE I.

April 18, 1796.

Chap. XIII.-An Act for establishing Trading Houses with the Indian Tribes. Act of March Section 1. Be it enacted by the Senate and House of Representatives 30, 1792.

of the United States of America in Congress assembled, That it shall President to establish trading be lawful for the President of the United States, to establish trading houses, houses at such posts and places on the western and southern frontiers,

or in the Indian country, as he shall judge most convenient for the pur1806, ch. 48. pose of carrying on a liberal trade with the several Indian nations, within

the limits of the United States. and appoint Sec. 2. And be it further enacted, That the President be authorized agents for them, to appoint an agent for each trading house established, whose duty it

shall be, to receive, and dispose of, in trade, with the Indian nations their duties,

afore-mentioned, such goods as he shall be directed by the President of the United States to receive and dispose of, as aforesaid, according to

the rules and orders which the President shall prescribe; and every such and oath. agent shall take an oath or affirmation, faithfully to execute the trust

committed to him; and that he will not, directly or indirectly, be con

cerned or interested in any trade, commerce or barter, with any Indian To give bond. or Indians whatever, but on the public account; and shall also give bond,

with sufficient security, in such sum as the President of the United States shall direct, truly and honestly to account for all the money, goods and other property whatever, which shall come into his hands, or for which,

in good faith, he ought so to account, and to perform all the duties Accounts to required of him by this act: And his accounts shall be made up halfbe made up half. yearly, and transmitted to the Secretary of the Treasury of the United yearly. Agents, clerks,

States. &c. not to car. Sec. 3. And be it further enacted, That the agents, their clerks, or ry on trade but other persons employed by them, shall not be, directly or indirectly, on account of the United

concerned or interested in carrying on the business of trade or comStates, nor take merce, on their own, or any other than the public account, or take, or other emolu

apply to his or their own use, any emolument or gain for negotiating or ment than such as is provided transacting any business or trade, during their agency or employment, by this act. other than is provided by this act. And if any such person shall offend

against any of the prohibitions aforesaid, he or they shall be deemed Penalty. guilty of a misdemeanor, and shall, upon conviction thereof, forfeit to the United States, a sum not exceeding one thousand dollars, and shall be removed from such agency or employment, and forever thereafter be Half of the incapable of holding any office under the United States: Provided, That penalty to be for if any other person, than a public prosecutor, shall give information of the use of the any such offence, upon which a prosecution and conviction shall be had, not a public one half the aforesaid penalty, when received, shall be for the use of the prosecutor. person giving such information.

Sec. 4. And be it further enacted, That the prices of the goods sup Prices of plied to, and to be paid for by the Indians, shall be regulated in such goods how to be manner, that the capital stock furnished by the United States may not

regulated. be diminished.

Sec. 5. Be it further enacted, That during the continuance of Pay and allow. this act, the President of the United States be, and he is hereby autho- ance to agents

and clerks. rized to draw annually from the treasury of the United States, a sum not exceeding eight thousand dollars, to be applied, under his direction, for the purpose of paying the agents and clerks; which agents shall be allowed to draw out of the public supplies, two rations each, and each clerk one ration per day.

Sec. 6. And be it further enacted, That one hundred and fifty thou Appropriation sand dollars, exclusive of the allowances to agents and clerks, be and for the trade they are hereby appropriated for the purpose of carrying on trade and diang. intercourse with the Indian nations, in the manner aforementioned, to be paid out of any monies unappropriated in the treasury of the United States.

Sec. 7. And be it further enacted, That if any agent or agents, their Penalty of clerks, or other persons employed by them, shall purchase, or receive of agents, clerks, any Indian, in the way of trade or barter, a gun or other article com- certain articles monly used in hunting; any instrument of husbandry, or cooking uten- from the Insil, of the kind usually obtained by Indians in their intercourse with dians. white people; any article of clothing (excepting skins or furs) he or they shall, respectively, forfeit the sum of one hundred dollars for each offence, to be recovered by action of debt, in the name, and to the use of the United States, in any court of law of the United States, or of any particular state having jurisdiction in like cases, or in the supreme or superior courts of the territories of the United States: Provided, that Suit therefor no suit shall be commenced except in the state or territory within which where to be

commenced. the cause of action shall have arisen, or the defendant may reside : And

Duty herein of it shall be the duty of the superintendents of Indian affairs and their superintendents deputies, respectively, to whom information of every such offence shall of Indian affairs. be given, to collect the requisite evidence, if attainable, and to prosecute the offender, without delay.

Sec. 8. And be it further enacted, That this act shall be in force for Limitation of the term of two years, and to the end of the next session of Congress this act. thereafter, and no longer. APPROVED, April 18, 1796.

STATUTE I. Chap. XIV.-An Act supplementary to an act entitled "An act to provide a April 20, 1796. Naval Armament."

(Obsolete.] SECTION 1. Be it enacted by the Senate and House of Representa

Act of March tives of the United States of America in Congress assembled, That the 27, 1794, ch. 12. President of the United States be authorized to continue the construc

President to tion and equipment (with all convenient expedition) of two frigates of continue the forty-four, and one frigate of thirty-six guns, any thing in the act, entitled and equipment “An act to provide a naval armament," to the contrary notwithstanding. of three frigates. Sec. 2. And be it further enacted, That so much of the sum of six

Ante, p. 394. hundred and eighty-eight thousand eight hundred and eighty-eight dol

Appropriation lars and eighty-two cents, which, by the act of June the ninth, one thoutherefor. sand seven hundred and ninety-four, was appropriated (to defray the

expenses to be incurred pursuant to the act to provide a naval armament) as remains unexpended, as well as the sum of eighty thousand dollars which was appropriated for a provisional equipment of gallies, by the

before recited act, be appropriated for the said purposes. Certain mate. Sec. 3. And be it further enacted, That the President of the United rials to be sold : States be, and he is hereby authorized, to cause to be sold, such part of

the perishable materials as may not be wanted for completing the three others to be pre. frigates, and to cause the surplus of the other materials to be safely kept served.

for the future use of the United States.

APPROVED, April 20, 1796.

April 20, 1796. Char. XV.-An Act authorizing and directing the Secretary at Wur to place cer

tain Persons, therein named, on the Persim List. (Obsolete.)

Section 1. Be it enacted by the Senate and House of Representatives Secretary at War to place of the United States of Amurica in Congress assembled, That the Secrecertain persons tary for the department of War be, and he is hereby directed, to place on the list of in

upon the list of invalid pensioners of the United States, the persons herein at certain rates. after named, who have been returned, as such, by the judges of the seve

ral districts, pursuant to the act of Congress, passed the twenty-eighth day of February, one thousand seven hundred and ninety-three, intituled

An act to regulate the claims to invalid pensions," at the rates and 1793, ch. 17.

proportions annexed to the names of the said persons, respectively; that

is to say : Pensioners and Of the district of Maine: Daniel Brawn, a private, two thirds of a their rates.

pension; John Knowles, a private, one third of a pension: Ebenezer Phinney, a private, one fourth of a pension.

Of the district of New Hampshire: Jonas Adams, a private, one third of a pension; Andrew Aiken, a sergeant major, three fourths of a pension; Caleb Aldrish, a sergeant, a full pension; Caleb Austin, a private, one third of a pension; John Barter, a sergeant, half a pension; Archelaus Batcheldor, a sergeant, half a pension; Ebenezer Bean, a private, one third of a pension; Job Briton, a private, one third of a pension; Ebenezer Carleton, a private, three fourths of a pension; Levi Chubbock, a fifer, one fourth of a pension; Edward Clark, a sergeant, one fourth of a pension; Morrell Coburn, a private, one fourth of a pension; Richard Colony, a private, half a pension; Ebenezer Copp, a sergeant, a full pension; James Crombie, a lieutenant, a full pension; William Curtis, a private, half a pension; Henry Danforth, a private, half a pension; James Dean, a private, one fourth of a pension; Lemuel Dean, a private, half a pension; Thomas Eastman, a private, three fourths of a pension; Ebenezer Fletcher, a fifer, one fourth of a pension; James Ford, a captain, half a pension; Stephen Fuller, a private, one third of a pension; Moses Sweat George, a private, half a pension; Joshua Gilman, a private, two thirds of a pension; Windsor Gleason, a private, one fourth of a pension; Joseph Greely, a private, one fourth of a pension ; Joseph Green, a private, half a pension; Joshua Haynes, a private, half a pension; Joseph Hilton, a lieutenant, half a pension; Nathan Holt, a private, one fourth of a pension; Jonathan Holten, a lieutenant, half a pension ; Caleb Hunt, a private, half a pension; Humphrey Hunt, a private, one fourth of a pension ; Charles Huntoon, junior, a private, one third of a pension; Zadock Hurd, a private, one third of a pension; Ebenezer Jennings, a sergeant, one fourth of a pension ; Peter Johnson, a private, one fourth of a pension; Thomas Kimball, a private, one fifth of a pension; Abraham Kimball, a private, half a pension; Benjamin Knight, a sergeant, one third of a pension ; John Knight, a private, half a pension; Jonathan Lake, a corporal, half a pension; John Lapish, a private, one

fourth of a pension; Nathaniel Leavitt, a corporal, half a pension; John Pensioners and Lincoln, a private, one fourth of a pension; Joshua Lovejoy, a sergeant,

their rates. half a pension; William Lowell, a sergeant, three fourths of a pension; Jonathan Margery, a private, two thirds of a pension; James Moore, a private, a full pension; Samuel Morrell, a private, two fifths of a pension; Joseph Moss, a private, two thirds of a pension; Jotham Nute, a sergeant, half a pension; Phinehas Parkhurst, a fifer, a full pension; Amos Pierce, a lieutenant, one third of a pension; Silas Pierce, a lieutenant, half a pension; Joel Porter, a private, one fourth of a pension; Samuel Potter, a sergeant, half a pension; Thomas Pratt, a private, half a pension; Jeremiah Pritchard, a lieutenant, half a pension; Asa Putney, a sergeant, half a pension; Charles Rice, a private, half a pension; John Smith, a sergeant, half a pension; Samuel Stocker, a private, half a pension; William Taggart, an ensign, half a pension; Eliphalet Taylor, a private, one third of a pension; Ebenezer Tinkham, a private, one third of a pension; John Varnum, a private, half a pension; Edward Waldo, a lieutenant, two thirds of a pension; Weymouth Wallace, a private, half a pension; Josiah Walton, a private, one third of a pension; Jacob Wellman, junior, a private, one fourth of a pension; Francis Whitcomb, a private, one third of a pension; Robert B. Wilkins, a private, two thirds of a pension; Jonathan Willard, an ensign, one fourth of a pension; Seth Wyman, a private, one fourth of a pension.

of the district of Massachusetts: Thomas Alexander, a captain, half a pension; Ephraim Bailey, a private, half a pension; Roberi Bancroft, a private, one sixth of a pension; James Batcheldor, a private, one fourth of a pension; James Campbell, a private, one fourth of a pension; Caleb Chadwick, a private, one fourth of a pension; Barnabas Chapman, a private, one third of a pension; Richard Chase, a private, half a pension; Joseph Coxe, a sergeant, two thirds of a pension; Thomas Crowell, a private, a full pension; Levi Farnsworth, a private, half a pension; Benjamin Farnum, a captain, one third of a pension; Moses Fitch, a private, one fifth of a pension; Frederick Follett, a private, half a pension; Joseph Frost, a private, one eighth of a pension; Uriah Goodwin, a private, one fourth of a pension; Joseph Hale, a private, half a pension ; Gamaliel Handy, a private, two thirds of a pension; Peter Hemenway, a private, half a pension; Jesse Holt, a corporal, one eighth of a pension; Job Lane, a private, half a pension; Ebenezer Learned, a colonel, one fourth of a pension; Moses M'Farland, a captain, one third of a pension; Hugh Maxwell, a captain, one eighth of a pension; John Maynard, a lieutenant, one tenth of a pension; Tilley Mead, a private, one fourth of a pension; Elisha Munsell, a private, half a pension; John Nixon, a colonel, one third of a pension; Timothy Northam, a private, one third of a pension; Joseph Peabody, a private, one third of a pension; Amos Pearson, a sergeant, one fifth of a pension; Abner Pier, a private, half a pension ; Job Priest, an ensign, one third of a pension; Amasa Scott, a private, one fourth of a pension; Robert Smith, a private, two thirds of a pension; Silvanus Snow, a private, one third of a pension; Cesar Sprague, a private, half a pension; Samuel Warner, a private, half a pension; William Warren, a lieutenant, one third of a pension; Samuel Willington, a private, half a pension; Nahum Wright, a sergeant, one eighth of a pension.

Of the district of Rhode Island: Clark Albro, a private, one fourth of a pension; John Baggs, junior, a sergeant, one third of a pension; Robert Cars, a private, half a pension; Jonathan Davenport, a private, one twenty-fourth of a pension ; Nathan Jaquays, a private, one third of a pension; William Lunt, a private, half a pension; George Popple, a sergeant, one eighth of a pension; Job Snell, a private, one fourth of a pension; Edward Vose, a sergeant, one sixth of a pension.

of the district of Connecticut: Theodore Andrus, a private, a full

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