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STATUTE I. CHAP. V.-An Act in addition to an act, entitled "An act concerning the register- June 27, 1797. ing and recording of Ships and Vessels."

[Expired.) Be it enacted by the Senate and House of Representatives of the

Act of Dec. United States of America in Congress assembled, That no ship or vessel 31, 1792, ch. 1. which has been, or shall be registered, pursuant to any law of the United

Vessels of U.

States captured States, and which hereafter shall be seized, or captured and condemned, and condemned under the authority of any foreign power, or that shall by sale become under any for. the property of a foreigner or foreigners, shall, after the passing of this eign power, or act, be entitled to, or capable of receiving, a new register, notwithstand- eigner, shall not ing such ship or vessel should afterwards become American property; receive a new but that all such ships and vessels shall be taken and considered, to ali register. intents and purposes, as foreign vessels: Provided, that nothing in this Proviso. act contained, shall extend to, or be construed to affect the person or persons owning any ship or vessel, at the time of the seizure, or capture of the same, or shall prevent such owner, in case he regain a property in such ship or vessel, so condemned, by purchase or otherwise, from claiming and receiving a new register for the same, as he might or could have done, if this act had not been passed. APPROVED, June 27, 1797.

STATUTE I.
Chap. VI. -An Act directing the appointment of Agents, in relation to the sixth June 30, 1797.

article of the Treaty of Amity, Commerce and Navigation, between the United
States and Great Britain.

[Obsolete.] Section 1. Be it enacted by the Senate and House of Representatives Agent to be of the United States of America in Congress assembled, That the Pre- appointed to act sident of the United States be, and hereby is authorized, by and with

on part United

States, under the advice and consent of the Senate, to appoint a proper person to act direction of Atin behalf of the United States, under the direction of the Attorney torney General, General, in relation to such claims as may be made against the United missionersunStates, before the commissioners appointed to carry into effect the sixth der sixth article article of the treaty of amity, commerce and navigation, between the of treaty with United States of America and his Britannic Majesty. And it shall be the duty of the Attorney General, to counsel such agent, and to attend Duty of Attor. before the said commissioners, whenever any questions of law, or fact, ney General to be determined by them, shall render his assistance necessary.

Sec. 2. And be it further enacted, That the Attorney General be authorized to and is hereby authorized to employ such agents, in different parts of the employ agents United States, as the business before the said commissioners, in his of the U. States. opinion, shall make necessary, to be paid according to their services, at such rate as the President of the United States shall direct.

Sec. 3. And be it further enacted, That during the continuance of Additional the service to be performed under this act, the Attorney General shall compensation, be entitled to an additional compensation of six hundred dollars per annum; and the person hereby directed to be appointed, to a compensation at the rate of two thousand dollars per annum.

Sec. 4. And be it further enacted, That for enabling the President Appropriation. of the United States, to defray the expenses to be incurred under, and by this act, a sum not exceeding ten thousand dollars, be, and hereby is appropriated, to be paid out of any monies not otherwise appropriated. APPROVED, June 30, 1797.

STATUTE I. Chap. VII.-An Act providing a Naval Armament.

July 1, 1797. Section 1. Be it enacted by the Senate and House of Representatives

[Expired.) of the United States of America in Congress assembled, That the Pre- 27, 1794, ch. 12. sident of the United States be and he is hereby empowered, should he

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President may deem it expedient, to cause the frigates United States, Constitution and man and employ Constellation, to be manned and employed. the frigates; their commis. Sec. 2. And be it further enacted, That there shall be employed on sioned officers. board each of the ships of forty-four guns, one captain, four lieutenants,

two lieutenants of marines, one chaplain, one surgeon, and two surgeon's mates; and in the ship of thirty-six guns, one captain, three lieutenants,

one lieutenant of marines, one surgeon, and one surgeon's mate. Warrant offi Sec. 3. And be it further enacted, That there shall be employed in

each of the said ships, the following warrant officers, who shall be appointed by the President of the United States, to wit: one sailing master, one purser, one boatswain, one gunner, one sail-maker, one carpenter, and eight midshipmen; and the following petty officers, who shall be appointed by the captains of the ships respectively, in which they are to be employed, viz: two master's mates, one captain's clerk, two boatswain's mates, one cockswain, one sail-maker's mate, two gunner's mates, one yeoman of the gun-room, nine quarter gunners, (and for the two larger ships two additional quarter gunners) two carpenter's mates, one

armourer, one steward, one cooper, one master at arms, and one cook. Crews.

Sec. 4. And be it further enacted, That the crews of each of the ships of forty-four guns, shall consist of one hundred and fifty seamen, one hundred and three midshipmen and ordinary seamen, three sergeants, three corporals, one drum, one fife, and fifty marines: and that the crew of the ship of thirty-six guns shall consist of one hundred and thirty able seamen and midshipmen, ninety ordinary seamen, two sergeants, two corporals, one drum, one fife, and forty marines, over and above the

officers herein before mentioned. Pay and sub Sec. 5. And be it further enacted, That the pay and subsistence of sistence.

the respective commissioned and warrant officers, be as follows: A captain, seventy-five dollars per month, and six rations per day; a lieutenant, forty dollars per month, and three rations per day; a lieutenant of marines, thirty dollars per month, and two rations per day; a chaplain, forty dollars per month, and two rations per day; a sailing master, forty dollars per month, and two rations per day; a surgeon, fifty dollars per month, and two rations per day; a surgeon's mate, thirty dollars per month, and two rations per day; a purser, forty dollars per month, and two rations per day; a boatswain, twenty dollars per month, and two rations per day; a gunner, twenty dollars per month, and two rations per day; a sail-maker, twenty dollars per month, and two rations per day; a carpenter, twenty dollars per month, and two rations

per day. President to Sec. 6. And be it further enacted, That the pay to be allowed to the fix the pay to petty officers, midshipmen, seamen, ordinary seamen and marines, shall petty officers, &c.

be fixed by the President of the United States: Provided, that the whole sum to be given for the whole pay aforesaid shall not exceed fifteen thousand dollars per month, and that each of the said persons shall be

entitled to one ration per day. Ration.

Sec. 7. And be it further enacted, That the ration shall consist of as follows: Sunday, one pound of bread, one pound and a half of beef, and half a pint of rice; Monday, one pound of bread, one pound of pork, half a pint of peas or beans, and four ounces of cheese; Tuesday, one pound of bread, one pound and a half of beef, and one pound of potatoes, or turnips and pudding; Wednesday, one pound of bread, two ounces of butter, or in lieu thereof six ounces of molasses, four ounces of cheese, and half a pint of rice; Thursday, one pound of bread, one pound of pork, and half a pint of peas or beans; Friday, one pound of bread, one pound of salt fish, two ounces of butter, or one gill of oil, and one pound of potatoes ; Saturday, one pound of bread, one pound of pork, half a pint of peas or beans, and four ounces of cheese; and there shall also be allowed one half pint of distilled spirits per day, or in lieu thereof one quart of beer per day, to each ration.

Sec. 8. And be it further enacted, That the officers, non-commis By what rules sioned officers, seamen, and marines, belonging to the navy of the United to be governed. States, shall be governed by the rules for the regulations of the navy heretofore established by the resolution of Congress of the twenty-eighth of November, one thousand seven hundred and seventy-five, as far as the same may be applicable to the constitution and laws of the United States, or by such rules and articles as may hereafter be established. Sec. 9. And be it further enacted, That the appointment of the officers

The President to the frigates may be made by the President alone in the recess of the may make the Senate; and their commissions, if so appointed, shall continue in force alone, in recess till the advice and consent of the Senate can be had thereupon at their of the Senate. next meeting which may happen thereafter.

Sec. 10. And be it further enacted, That the seamen and marines shall not be engaged to serve on board the frigates, for a period exceeding one year; but the President may discharge the same sooner if in his judgment their services may be dispensed with.

Sec. 11. And be it further enacted, That if any officer, non-commis Term of ser sioned officer, marine or seaman belonging to the navy of the United vice. States, shall be wounded or disabled, while in the line of his duty in public service, he shall be placed on the list of the invalids of the United Provision in States, at such rate of pay and under such regulations as shall be directed case of wounds. by the President of the United States: Provided always, that the rate of Limitation of compensation to be allowed for such wounds or disabilities to a commis- the compensasioned or warrant officer shall never exceed for the highest disability wounds. half the monthly pay of such officer at the time of his being so disabled or wounded; and that the rate of compensation to non-commissioned officers, marines and seamen, shall never exceed five dollars per month : And provided also, that all inferior disabilities shall entitle the person so disabled to receive an allowance proportionate to the highest disability.

Sec. 12. And be it further enacted, That the President of the United President may Stutes be, and he is hereby authorized, if circumstances should hereafter increase the arise, which in his opinion may render it expedient, to increase the strength of the strength of the several revenue cutters, so that the number of men em. ployed do not exceed thirty marines and seamen to each cutter; and cause the said revenue cutters to be employed to defend the sea coast, and to repel any hostility to their vessels and commerce, within their jurisdiction, having due regard to the duty of the said cutters, in the protection of the revenue. SEC. 13. And be it further enacted, That the compensations estab

Act making lished by the first section of the act passed on the sixth day of May, one compensation to thousand seven hundred and ninety-six, entitled " An act making and men,ceconfurther provision relative to the revenue cutters,” be, and the same is tinued. hereby continued and confirmed, on the terms and conditions of the said 1796, ch. 22. act, to the mariners and marines, who are or may be employed as aforesaid.

Sec. 14. And be it further enacted, That this act shall continue in Limitation of force for the term of one year, and from thence to the end of the then this act. next session of Congress and no longer.

ArPROVED, July 1, 1797.

STATUTE I.

Chap. VIII.- An Act to ascertain the time for the next meeting of Congress, and July 1, 1797.

to repeal the act heretofore passed for that purpose. SECTION 1. Be it enacted by the Senate and House of Representatives Congress to of the United States of America in Congress assembled, That after the meet second end of the present session, the next meeting of Congress shall be on the Monday in Nov. second Monday of November in the present year.

Sec. 2. And be it further enacted, That the act intituled “An act Ante, p. 507.

to alter the time for the next meeting of Congress," passed on the third day of March last, be, and the same is hereby repealed.

APPROVED, July 1, 1797.

STATUTE I.

July 5, 1797. CHAP. IX.-An Act for reviving and continuing suits and process in the Circuit

Court for the district of North Carolina. [Obsolete.) Whereas, a sufficient quorum of judges did not attend to hold the

circuit court, for the district of North Carolina, for the purpose of doing business in June term, one thousand seven hundred and ninety-seven; in consequence whereof, certain provisions are now become necessary

and expedient, to prevent a failure of justice in the said court: How district

Section 1. Be it therefore enacted by the Senate and House of judge of Caro. lina, shall cause

Representatives of the United States of America in Congress assembled, jurymen to be That it shall and may be lawful, for the district judge of the state of summoned for North Carolina, to direct the clerk of the said court, to issue such proNov. term.

cess for the purpose of causing persons to be summoned to serve as jurymen at the said court, at the term to commence the thirtieth day of November 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-seven; 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 return

able at June term, one thousand seven hundred and ninety-seven: ProProviso.

vided, that if 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 appear most conducive to justice, and convenient to the perMarshal to sons to be 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, re

spectively. How suits and Sec. 2. And be it further enacted, That all suits and proceedings, proceedings of what nature or kind soever, which have been commenced in the said shall be proceeded on.

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

might be. All writs, &c. Sec. 3. And be it further enacted, That all writs and other process deemed of same sued out of the clerk's office of the said circuit court, according to the June term had accustomed method, bearing test in November term, one thousand seven been regularly hundred and ninety-six, or June term, one thousand seven hundred and held.

ninety-seven, shall be held and deemed of the same validity and effect as if the term of June, one thousand seven hundred and ninety-seven, 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 last mentioned term, had been regularly entered.

APPROVED, July 5, 1797

execute process.

STATUTE I. Chap. X.-An Act to continue in force to the end of the next session, certain acts, July 5, 1797. and parls of acts, of limited duration.

[Obsolete.) Be it enacted by the Senate and House of Representatives of the Certain laws United States of America in Congress assembled, That all laws of the declared in United States, and parts of laws now in force, and which, by the terms force till the end of their limitation, will expire with the end of this session of Congress, shall be, and hereby are continued in force, until the end of the next session.

APPROVED, July 5, 1797.

STATUTE I.

Chap. XI.- An Act laying Duties on stamped Pellum, Purchment and Paper.(a) July 6, 1797.

Section 1. Be it enacted by the Senate and House of Representatives (Repealed.) of the United States of America in Congress assembled, That from and Rate of duties after the thirty-first day of December next, there shall be levied, collected on stamped vel. and paid throughout the United States, the several stamp duties follow- Jan. 1798. ing, to wit: For every skin or piece of vellum, or parchment, or sheet 1797, ch. 11. or piece of paper upon which shall be written or printed any or either of the instruments or writings following, to wit: any certificate of natu

Certain cer.

tificates. ralization, five dollars : any license to practice or certificate of the admission, enrolment or registry of any counsellor, solicitor, attorney, advocate or proctor in any court of the United States, the sum of ten dollars; any grant or letters patent under the seal or authority of the United States, except for lands granted for military services, four dollars; any exemplification or certified copy of any such grant or letters Exemplificapatent, two dollars; any charter-party, bottomry, or respondentia bond, tion of letters

patent. one dollar; any receipt or other discharge for or on account of any

Receipts. legacy left by any will or other testamentary instrument, or for any share or part of a personal estate divided by force of any statute of distributions, the amount whereof shall be above the value of fifty dollars, and shall not exceed the value of one hundred dollars, twenty-five cents; where the amount thereof shall exceed the value, of one hundred dollars and shall not exceed five hundred dollars, fifty cents; and for every further sum of five hundred dollars, the additional sum of one dollar; any policy of insurance or instrument in nature thereof, whereby any ships, Policy of in. vessels or goods going from one district to another in the United States, or from the United States to any foreign port or place, shall be insured, to wit, if going from one district to another in the United States, twentyfive cents; if going from the United States to any foreign port or place, when the sum for which insurance is made shall not exceed five hundred dollars, twenty-five cents; and when the sum insured shall exceed five hundred dollars, one dollar; any exemplification, of what nature soever, that shall pass the seal of any court, other than such as it may be the duty of the clerk of such court to furnish for the use of the United States or some particular state, fifty cents; any bonds, bills, single or penal, Rate of duties foreign or inland bill of exchange, promissory note, or other note for the on bonds and security of money, according to the following scale, viz. on all bonds,

(a) The acts imposing and relating to duties on stamps, have been : An act laying duties on stamped vel. lum, parchment, and paper, July 6, 1797, chap. 11; an act to postpone for a limited time, the commencement of the duties imposed by the act entitled, “ an act laying duties on stamped velluin, parchment, and paper," December 15, 1797, chap. 1 ; an act to amend the act entitled, " an act laying duties on stamped velluin, parchment, and paper,” March 19, 1798, chap. 20; an act to alter the duties imposed upon foreign bills of exchange, and bills of lading by "an act laying duties on stamped vellum, parchment, and paper,” February 28, 1799, chap. 17; an act to establish a general stamp office, April 23, 1800, chap. 31 ; an act to amend an act“ to establish a general stamp office,” March 3, 1901, chap. 19; an act laying duties on notes of banks, bankers, and certain companies; on notes, bonds, and obligations discounted by banks, bankers, and certain companies; and on bills of exchange of certain descriptions, August 2, 1813, chap. 52; an act continuing in force certain acts laying duties on bank notes, refined sugars, and for other purposes, February 1, 1816, chap. 9; an act respecting stamps, March 3, 1823, chap. 54.

surance,

notes,

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