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STATUTE I. CHAP. XII.–An Act in addition to the law of the United States, concerning Consuls July 6, 1797. and Vice Consuls.

Act of April Be it enacted by the Senate and House of Representatives of the 14, 1792. United States of America in Congress assembled, That in case it be

Consul at Al

giers. found necessary, for the interest of the United States that a Consul be appointed to reside at Algiers; the President be authorized to allow him an annual salary not exceeding four thousand dollars. APPROVED, July 6, 1797.

STATUTE I. CHAP. XIII.-An Act for allowing full mileage to the members of the Senate and July 6, 1797.

House of Representatives of the United States. Be it enacted by the Senate and House of Representatives of the [Obsolete.] United States of America in Congress assembled, That at the present extraordinary meeting and session of Congress, the respective members Ante, p. 448. of the Senate and of the House of Representatives shall be entitled to receive a full allowance of mileage, any law to the contrary notwithstanding.

APPROYED, July 6, 1797.

STATUTE I. Chap. XIV.-An Act to revive and continue in force, for a limited time, an act, July 6, 1797.

intituled " An act authorizing the transfer of stock standing to the credil of certain Stales."

Be it enacted by the Senate and House of Representatives of the United [Obsolete.) States of America in Congress assembled, That the several provisions of the act, intituled “ An act authorizing the transfer of the stock stand

1795, ch. 10. ing to the credit of certain states," passed the second day of January one thousand seven hundred and ninety-five, be and they are hereby revived and continued in force until the fourth day of March, one thousand seven hundred and ninety-nine, and no longer. APPROVED, July 6, 1797.

STATUTE I. CHAP. XV.-An Act laying an additional Duty on Salt imported into the United July 8, 1797. States, and for other purposes.

[Repealed.] Section 1. Be it enacted by the Senate and House of Representatives Eight cents

additional duty of the United States of America in Congress assembled, That from and

on salt importafter the thirtieth day of September next, there shall be levied, collected ed in vessels of and paid upon all salt imported into the United States, in ships or vessels the U. States. of the United States, in addition to the duty of twelve cents now payable by law, eight cents per bushel, and on all salt which, after the said Eight cents

and ten per

cent. thirtieth day of September, shall be imported into the United States, in thereon, laid ships or vessels not of the United States, the like additional duty of eight upon other ves.

sels. cents, and ten per centum thereon. Sec. 2. And be it further enacted, That all drawbacks and allowances

Drawbacks now authorized by law, in relation to the existing duty on salt imported and allowances into the United States, shall apply to the additional duty laid by this act, to apply to the and that in addition thereto, there shall be allowed and paid upon provisions salted within the United States, except upon dried fish, upon the exportation thereof to any foreign port or place as follows, viz: on pickled fish at the rate of twelve cents per barrel, and on other provisions Additional at the rate of ten cents per barrel; and from and after the first day of drawbacks and

allowances. January next there shall be an addition of thirty-three and a third per centum to the allowances now respectively granted to ships or vessels employed in the bank or other cod fisheries, and in the terms provided

by an act entitled "An act concerning certain fisheries of the United States and for the regulation and government of the fishermen employed

therein,” and during the continuance of the said act. Mode of exe. Sec. 3. And be it further enacted, That the act entitled “An act to cuting this act. provide more effectually for the collection of the duties imposed by law Ante, p. 145.

on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels,” shall extend to and be in full force for the collection of the additional duty laid by this act, and generally for the execution thereof, as fully and effectually, as if every regulation, restriction, penalty, provision, clause, matter and thing therein contained

had been herein inserted and re-enacted. Limitation. Sec. 4. And be it further enacted, That this act shall continue in Repealed force for two years, and from thence unto the end of the next session of March 3, 1807. Congress, and no longer.

APPROVED, July 8, 1797.

STATUTE I.

July 8, 1797.

CHAP. XVI.-An Act authorizing a Loan of Money. (Obsolete.] Section 1. Be it enacted by the Senate and House of Representatives New loan of of the United States of America in Congress assembled, That the Pre$800,000.

sident of the United States be, and he is hereby empowered to borrow on the credit of the United States, a sum not exceeding eight hundred thousand dollars, at an interest not exceeding six per centum per annum, reimburseable at the pleasure of the United States, or at such period as may be stipulated by contract not exceeding five years from the time of

obtaining the loan, to be applied to such public purposes as are or may How to be paid. be authorized by law, and to be repaid out of the revenues accruing to

the end of the present year and such further revenues as have been, or may be provided during the present session of Congress; and it shall be

lawful for the Bank of the United States to lend the said sum. In case of de Sec. 2. And be it further enacted, That in case the existing revenues ficiency faith of of the United States, together with such further revenues as have been, States pledged or may be provided, during the present session, shall be insufficient to to make provie discharge and reimburse the said loan, the faith of the United States is sion for it.

hereby pledged to make such further provision therefor, as may be necessary

APPROVED, July 8, 1797.

STATUTE I.

July 10, 1797. Chap. XVII.-An Act making additional appropriations for the supporl of Gov

ernment, for the year one thousand seven hundred and ninety-seven. (Obsolete.) Section 1. Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress assembled, That for the expenditure of the civil list; for the support of lighthouses; for the expenses of foreign intercourse; for certain expenses in relation to the military and naval establishments; and to satisfy certain miscellaneous

demands the following sums be respectively appropriated; that is to say, Specific ap.

For the compensations granted by law to the members of the Senate propriations.

and House of Representatives, their officers and attendants estimated for a session of two months, seventy-seven thousand three hundred and eighty-nine dollars and sixty-six cents.

For the expenses of firewood, stationery, printing work, and all other contingent expenses of the two houses of Congress, six thousand five hundred dollars.

For printing the laws of the present session, one thousand and fifty dollars.

For making good the allowance to clerks employed in the Department

of State, agreeably to law, two hundred and sixty-nine dollars and seventy Specific apcents.

propriations. For the salary of an additional clerk in the Department of State, to perforin the duties of an accountant, and when not so employed to do the ordinary services of a clerk, eight hundred dollars.

For defraying the expenses of foreign intercourse for the year one thousand seven hundred and ninety-seven beyond the appropriations heretofore authorized by law, sixty thousand five hundred dollars.

For defraying any advances incidental to the intercourse of the United States, with the Mediterranean powers, to be applied under the direction of the President of the United States, and according to his discretion, a sum not exceeding forty-five thousand dollars.

For the salaries of two extra clerks in the office of the accountant of the War Department, eight hundred dollars.

For completing and equipping the frigates United States, Constitution and Constellation, two hundred thousand dollars.

For the pay and subsistence of the officers and crews of the said frigates, one hundred thousand dollars.

For the extra expenses authorized by law, during the present session in relation to the revenue cutters, ten thousand dollars.

For the repairs and fabrication of arms and cannon carriages, thirtynine thousand dollars.

For completing the six months pay and subsistence of the officers discharged under the act of the third of March, one thousand seven

Ante, p. 507. hundred and ninety-seven, two thousand five hundred and eighty dollars.

For the Hospital Department, five thousand dollars.

For making good a deficiency arising from the balance of monies of various appropriations being carried to the credit of the “Surplus Fund," in pursuance of the sixteenth section of the act passed the third of March, one thousand seven hundred and ninety-five, viz: for erecting a light Ante, p. 433. house on the head land of Cape Hatteras and a lighted beacon on Shell Castle Island, in the harbour of Ocracock, in the state of North Caro lina, forty-four thousand dollars.

For enabling a remittance to the commissioners of the Dutch loans at Amsterdam, in payment for a quantity of saltpetre, seventeen thousand and thirty-one dollars and eighty-nine cents.

For repaying the Bank of the United States a sum advanced upon certain treasury bills drawn upon collectors of the revenue of the United States, in North Carolina, five thousand, one hundred and fifty dollars.

For the payment of the commissioner of loans for the state of Rhode Island, on account of two clerks who were employed in the year one thousand seven hundred and ninety-six, fifty-four dollars.

Sec. 2. And be it further enacted, That the several appropriations How to be herein before made shall be paid and discharged out of the surplus of paid. revenue and income beyond the appropriations heretofore charged thereon to the end of the present year.

APPROVED, July 10, 1797.

ACTS OF THE FIFTH CONGRESS

OF THE

UNITED STATES,

Passed at the second session, which was begun and held at the City of

Philadelphia, in the state of Pennsylvania, on Monday, the thirteenth day of November, 1797, and ended on the sixteenth day of July, 1798. JOHN ADAMS, President; THOMAS JEFFERSON, Vice President of the

United States, and President of the Senate; THEODORE SEDGWICK,
President of the Senate pro tempore, from June 27th; JONATHAN
DAYTON, Speaker of the House of Representatives.

STATUTE II.

Dec. 15, 1797. CHAPTER 1.-An Act to postpone, for a limited time, the commencement of the (Obsolete.)

duties imposed by the act intituled "An act laying duties on stamped vellum,

parchment and paper." July 6, 1797, ch. 11.

Be it enacted by the Senate and House of Representatives of the United Commence. ment of the du: States of America in Congress assembled, That so much of the act, ties postponed intituled “An act laying duties on stamped vellum, parchment and until after 30th

paper," as directs that the duties imposed by that act shall be levied, June, 1798.

collected and paid “from and after the thirty-first day of December next,” shall be, and the same hereby is repealed; and that the duties aforesaid shall be levied, collected and paid, from and after the thirtieth day of June next, and not sooner; to which last mentioned day, all notices, certificates and other matters or things, directed by the said act and having respect to the commencement or collection of the said duties, or any of them, shall relate.

APPROVED, December 15, 1797.

STATUTE II.

Jan, 15, 1798. Chap. II.-An Act making certain partial appropriations for the year one thou.

sand seven hundred and ninety-eight. (Obsolete.] Appropriations Section 1. Be it enacted by the Senate and House of Representatives relative to the War Depart.

of the United States of America in Congress assembled, That the sum

of one hundred thousand dollars shall be, and the same hereby is approment.

priated towards defraying the expenses during the year one thousand seven hundred and ninety-eight, of the quartermaster's, and Indian departments, of the defensive protection of the frontiers, of bounties; and of the contingent charges of the war department; and a like sum towards defraying the expenses, during the said year, of the subsistence of the officers, non-commissioned officers, and privates of the army of

the United States. For awards in Sec. 2. And be it further enacted, That the sum of fifty-two thoufavour of British sand dollars be, and the same hereby is appropriated for paying and seventh article discharging such awards as have been, or may be made, pursuant to the of the treaty of seventh article of the Treaty of Amity, Commerce, and Navigation beamity, &c. tween the United States and Great Britain, in favour of British subjects,

whose property has been captured within the jurisdiction of the United States, or by ves ned or fitted out therein.

How to be

Sec. 3. And be it further enacted, That the aforesaid sums shall be paid and discharged out of any monies in the treasury of the United paid. States, not otherwise appropriated.

APPROVED, January 15, 1798.

STATUTE II.

Chap. VI.-An Act for allowing a compensation to the Doorkeeper of the Senate, Jan. 20, 1798. and his assistant, for their services during the late Session of Congress.

(Obsolete.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be allowed to James Mathers, the doorkeeper of the Senate, two hundred dollars, and to Cornelius Maxwell, his assistant, one hundred and eighty dollars, as a compensation for their services during the late session of Congress.

APPROVED, January 20, 1798.

STATUTE II.

CHAP. VIII.-An Acl to prescribe the mode of taking Evidence in cases of contested Jan. 23, 1798.

Elections for Members of the House of Representalives of the Uniled States, and to compel the altendance of Witnesses.

Section 1. Be it enacted by the Senate and House of Representatives Chancellor, of the United States of America in Congress assembled, That where justice or judge any person, from and after the passing of this act, shall intend to contest County Court, an election for any member or members of the House of Representatives &c. to issue of the United States, or to support any such election so intended to be summons to

witnesses. contested, and shall be desirous of obtaining testimony respecting such election, it shall be lawful for such person to make application to any Act of April judge of the courts of the United States, or to any chancellor, justice, 22, 1800, ch. 28. or judge of a superior or county court, or court of common pleas of any state, or to any mayor, recorder or intendant of a town or city, who shall, thereupon, issue his warrant of summons, directed to all such witnesses as shall be named to him by such applicant, or his agent duly authorized for that purpose, and requiring the attendance of such witnesses, before him, at some convenient time and place, to be expressed in the warrant, in order to be then and there examined, in the manner herein after provided, touching the subject matter of the aforesaid application.

Sec. 2. And be it further enacted, That every such witness, as is Manner of above-mentioned, shall be duly served with such warrant, by a copy serving sum

wit. thereof being delivered to him or her, or left at his or her usual place of abode; and that such service shall be made a convenient time before the day on which the attendance of such witness is required, which time the magistrate issuing the warrant is hereby authorized and required to fix, for each witness, at the time of issuing it, having respect to the circumstances of such witness, and the distance of his or her residence from the place of attendance.

Sec. 3. And be it further enacted, That any person, being summoned Penalty on not in the manner above directed, and refusing or neglecting to attend, pur

attending in

pursuance of suant to such summons, unless in case of sickness, or other unavoidable accident, shall forfeit and pay the sum of twenty dollars, to be recovered with costs of suit, by the party at whose instance the warrant of summons was issued, and for his use, by action of debt in any court, or before any other tribunal of the United States, or any state, having jurisdiction to the amount of such penalty.

Sec. 4. And be it further enacted, That the magistrate issuing the Notification to aforesaid warrant of summons, shall, at the time of issuing it, cause to the opposite be made out, under his hand, and delivered to the said applicant, or his party. agent authorized as aforesaid, a notification directed to the opposite party, and stating the time and object of the aforesaid application, the name of the applicant, and the time and place fixed for the examination

Vol. 1.-68

mons on
nesses,

summons.

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