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Manner of of the witnesses; which notification the said applicant, or his agent as serving notifica- aforesaid, shall cause to be served on the said opposite party, by deliver
ing to him or leaving at his usual place of abode, a copy thereof, a convenient time before the day fixed for the aforesaid examination; which time the magistrate granting the said notification shall fix, at the time of granting it, having respect to the distance of the said party's place of
residence from that appointed for the examination; which examination Proof of ser- shall not be proceeded in, unless proof be made by affidavit in writing, vice thereof.
of the due service of such notification, or unless the party on whom such service is hereby directed to be made, shall attend at the time and place aforesaid, by himself or his agent duly authorized; and consent to the
said examination; which consent shall be certified by the magistrate. Witnesses to Sec. 5. And be it further enacted, That all witnesses who shall attend, be examined on pursuant to the said summons, and all other witnesses who shall be prooath or affirma- duced at the time and place aforesaid, by either of the parties, or their .
or either of their agents duly authorized, shall then and there be examined on oath or affirmation, by the magistrate, who issued the war
rant of summons aforesaid, or, in case of his absence, by any other such Testimony to magistrate as is authorized by this act to issue such warrant, touching be reduced to all such matters and things respecting the election about to be contested, writing,
as shall be proposed by either of the parties aforesaid, or by their, or either of their agents duly authorized; the testimony given on which examination, together with the questions proposed by the parties aforesaid, or their agents, or either of them, to the witnesses, respectively, the said magistrate is hereby authorized and required to cause to be reduced to writing, in his presence, and in the presence of the parties or their
agents, if attending, and to be duly attested by the witnesses, respectand transmitted to the clerk of ively: after which he shall transmit the said testimony, duly
certified the House of under his hand, covered and sealed up, to the clerk of the House of Representa Representatives of the United States, for the time being, together with tives, with a
copy of the warrant of summons and notification issued in that becopy of
the sum. mons, &c.
half, and the original affidavit proving the service of such notification. What proceed Sec. 6. And be it further enacted, That in case any judge, justice, ings are to be chancellor, mayor, recorder or intendant as is aforesaid, to whom the inability of the application herein mentioned shall be made, shall, by reason of sickness, Chancellor, &c. necessary absence, or unavoidable accident, be rendered unable to attend to attend the at the time and place fixed for the examination aforesaid, it shall be lawexamination.
ful for him to certify the matter, and the proceedings had by him in that behalf, to any other magistrate of any of the descriptions aforesaid, which said magistrate thereupon, shall be, and hereby is authorized to attend at such time and place, and to proceed touching the said examinations, in all respects, as the magistrate issuing the warrant of summons, might
have done, by virtue of this act. Two justices Sec. 7. And be it further enacted, That where no such magistrate as of the peace is herein authorized to receive applications as aforesaid, and proceed act" in certain upon them, shall reside within any district for which an election about
to be contested shall have been held, it shall be lawful to make such application to any two justices of the peace residing within the said district, who are hereby authorized in such case, to receive such applica
tion, and jointly to proceed upon it in the manner herein before directed. Allowance to Sec. 8. And be it further enacted, That every witness attending by witnesses. virtue of such warrant of summons as is herein directed to be issued,
shall be allowed the sum of seventy-five cents for each day's attendance, and the further sum of five cents, for every mile necessarily travelled in going and returning, which allowance shall be ascertained and certified by the magistrate taking the examination, and shall be paid by the party at whose instance such witness was summoned: And such witness shall have an action for the recovery of the said allowance, before any court or magistrate having competent jurisdiction, according to the laws of the
United States, or of any state, in which action the certificate of the magistrate taking the said examinations shall be evidence.
Sec. 9. And be it further enacted, That each judge, justice, chan Fees to the cellor, mayor, recorder, intendant and justice of the peace, who shall be officers employ.
ed. necessarily employed, pursuant to the directions of this act, and all sheriffs, constables, or other officers who may be employed to serve any of the warrants of summons or notifications herein provided for, shall have and receive from the party at whose instance such service shall have been performed, such fee or fees, as are or may be allowed for similar services in the states wherein such service shall be rendered, respectively.
Sec. 10. And be it further enacted, That this act shall continue and Limita ion. be in force until the end of the first session of the sixth Congress, and no longer. APPROVED, January 23, 1798.
STATUTE II. Chap. X.-An Act to amend the several acts for laying duties on Spirits dislilled Jan. 29, 1738. within the United States, and on Slills.
[Obsolete.) Be it enacted by the Senate and House of Representatives of the Owners of United States of America in Congress assembled, That from and after stills to elect as the passing of this act, it shall be lawful for all owners of stills within will pay duties. the United States, which shall have been duly entered according to law, to make their election, at any time of the year, both as to the rate of Repealed April
6, 1802. duty which they may choose to pay for the employment of their said stills, whether for a year, or for such other shorter period, as may be allowed by law; and also, as to the time of commencing such employment.
APPROVED, January 29, 1798.
CHAP. XI.-An Act supplementury to the act intituled "An act regulating Foreign Feb. 1, 1798. Coins, and for other purposes."
[Obsolete.) Be it enacted by the Senate and House of Representatives of the Act of Feb, 9, United States of America in Congress assembled, that the second section 1793, chip; of an act, intituled “An act regulating foreign coins, and for other 1793, suspend? purposes, and the same is hereby suspended, for and during the ed. space of three years from and after the first day of January, one thousand 1802, ch. 33. seven hundred and ninety-eight, and until the end of the next session of Congress thereafter, during which time the said gold and silver coins shall be and continue a legal tender, as is provided in and by the first section of the act aforesaid; and that the same coins shall thereafter cease to be such tender.
APPROVED, February 1, 1798.
Chap. XIV.-An Act appropriating a certain sum of Money to defray the ex Feb. 27, 1798. pense of holding a Treaty or Treaties with the Indians.
[Obsolete.) Section 1. Be it enacted by the Senate and House of Representatives $25,880 apof the United States of America, in Congress assembled, That a sum not propriated. exceeding twenty-five thousand eight hundred and eighty dollars, be appropriated to defray the expense of such treaty or treaties, as the President of the United States shall deem expedient to hold with the Indians: Provided, nothing in this act contained shall be construed to Proviso. admit an obligation on the part of the United States to extinguish, for the benefit of any state or individual citizen, Indian claims to any lands lying within the limits of the United States, and that the compensations to be allowed to any of the commissioners appointed, or who may be
appointed for negotiating such treaty or treaties, shall not exceed, exclusive of travelling expenses, the rate of eight dollars per day, during the time of actual service of such commissioner.
Sec. 2. And be it further enacted, That the sum aforesaid shall be paid out of any monies in the treasury of the United States, not otherwise appropriated.
APPROVED, February 27, 1798.
March 14, 1798. Chap. XV.-An Act to provide for the Widows and Orphans of certain deceased
Officers, [Obsolete.] Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the provisions for widows
and orphans of commissioned officers of troops of the United States, Ante, p. 390. contained in the first section of the law passed on the seventh day of
June, one thousand seven hundred and ninety-four, intituled "An aci in addition to the act making further and more effectual provision for the protection of the frontiers of the United States," be and the same are hereby extended to the widows and orphan children of commissioned officers of the troops of the United States, and of the militia, who have died by reason of wounds received since the fourth day of March, one thousand seven hundred and eighty-nine, in the actual service of the United States: Provided, application shall be made within two years after the end of the present session of Congress.
APPROVED, March 14, 1798. STATUTE II. March 14, 1798. Chap. XVI. - An Act for the erection of a Lighthouse, and placing Buoys at the
several places therein mentioned. Lighthouse to Section 1. Be it enacted by the Senate and House of Representatives be erected on of the United States of America in Congress assembled, That as soon as Eaton's Neck.
the jurisdiction of so much of the head land of Eaton's Neck on Nassau Island, in the state of New York, as the President of the United States shall deem sufficient and most convenient for the purpose of erecting a lighthouse, and its appurtenances, shall have been ceded to the United States, it shall be the duty of the Secretary of the Treasury, to provide, by contract, which shall be approved by the President of the United States, for building a lighthouse thereon, and furnishing 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 building the said lighthouse : and the President
is hereby authorized to make the said appointments. Buoys to be Sec. 2. And be it further enacted, That the Secretary of the Treaplaced near Sandy Hook,
sury be authorized and directed to cause to be placed, six buoys on the Goat Island and shoals called the east and west banks, and the middle ground, near Nantucket. Sandy Hook off the harbor of New York, and two buoys on the north
and south points of Goat Island, near the entrance of the harbor of Newport, in the state of Rhode Island : and also, to cause to be placed such number of buoys as may be necessary for the security of the navigation
in and near the harbor of Nantucket, in the state of Massachusetts. Appropriation Sec. 3. And be it further enacted, That there be appropriated and therefor. paid, out of the monies arising from the duties on imports and tonnage,
a sum not exceeding thirteen thousand two hundred and fifty dollars, for the purposes aforesaid.
APPROVED, March 14, 1798.
STATUTE II. CHAP. XVII.-An Act providing the means of intercourse between the United March 19, 1798. States and foreign nations.(a)
[Expired.] Section 1. Be it enacted by the Senate and House of Representa President autives of the United States of America in Congress assembled, That the thorized to draw President of the United States shall be, and he hereby is authorized from the Treasto draw from the treasury of the United States, a sum not exceeding annually. forty thousand dollars, annually, to be paid out of the monies arising from the duties on imports and tonnage, for the support of such persons as he shall commission to serve the United States in foreign parts, and for the expense incident to the business in which they may be employed: Provided, that, exclusive of an outfit, which shall, in no case, exceed the Outfit of agents amount of one year's full salary to the minister plenipotentiary, or chargé
to foreign coun
tries, equal to des affaires, to whom the same may be allowed, the President shall not one year's full allow to any minister plenipotentiary, a greater sum than at the rate of salary. nine thousand dollars per annum, as a compensation for all his personal services and expenses; nor a greater sum for the same, than four thou Limits of their sand five hundred dollars per annum, to a chargé des affaires; nor a
$9000 to greater sum for the same, than one thousand three hundred and fifty minister plenidollars per annum, to the secretary of any minister plenipotentiary. potentiary, Sec. 2. And be it further enacted, That in all cases, where any sum
$4,500 to a
charge des af. or sums of money have issued, or shall hereafter issue from the treasury, faires. for the purposes of intercourse or treaty, with foreign nations, in pur
Manner of acsuance of any law, the President shall be, and he hereby is authorized
monies issued to cause the same to be duly settled annually with the accounting offi- under the act. cers of the treasury, in manner following, that is to say; by causing the same to be accounted for, specifically in all instances wherein the expenditure thereof may, in his judgment, be made public; and by making a certificate or certificates, or causing the Secretary of State to make a certificate or certificates of the amount of such expenditures as he may think it advisable not to specify; and every such certificate shall be deemed a sufficient voucher for the sum or sums therein expressed to have been expended.
Sec. 3. And be it further enacted, That for defraying the expenses of intercourse between the United States and foreign nations, during propriation for the year one thousand seven hundred and ninety-eight, there be further the year 1798. appropriated, in addition to the aforesaid sum of forty thousand dollars, and out of any monies in the treasury of the United States not otherwise appropriated, the sum of twenty-eight thousand six hundred and fifty dollars.
Sec. 4. And be it further enacted, That the act passed on the first Act of July 1, day of July, in the year one thousand seven hundred and ninety, inti- 1790, ch. 22. tuled “An act providing the means of intercourse between the United States and foreign nations,” and the act passed on the ninth day of February, in the year one thousand seven hundred and ninety-three, intituled “An act to continue in force for a limited time, and amend the act, intituled An act providing the means of intercourse between the
1793, ch. 4. United States and foreign nations,” shall be, and they hereby are repealed.
Sec. 5. And be it further enacted, That this act shall be and remain Limitation of in force until the end of the first session of the sixth Congress, and no.
the act. longer.
APPROVED, March 19, 1798.
(a) An act to ascertain the compensation of foreign ministers, May 10, 1800, chap. 56; an act fixing the compensation of public ministers, and of consuls residing on the coast of Barbary, and for other purposes, May 1, 1910, chap. 44.
for the year one thousand seven hundred and ninety-eight; and for other [Obsolete.]
purposes. Specific ap
Section 1. Be it enacted by the Senate and House of Representapropriations.
tives of the United States of America in Congress assembled, That for the expenditure of the civil list; for the support of consuls to the coast of Barbary; for the support of the mint establishment, lighthouses, beacons, buoys and public piers, for the year one thousand seven hundred and ninety-eight; and to satisfy certain miscellaneous claims stated in the report of the secretary of the treasury, of the eighth day of December, one thousand seven hundred and ninety-seven, together with the incidental and contingent expenses of the several departments, and the offices thereof, the following sums be, respectively appropriated. That is to say -For the compensations granted by law to the President and Vice President of the United States, thirty thousand dollars.
For the like compensations to the members of the Senate and House of Representatives, their officers and attendants, estimated for a session of six months continuance, one hundred and ninety thousand, one hundred and seventy-five dollars.
For the expense of firewood, stationery, printing work, and all other contingent expenses of the two Houses of Congress, thirteen thousand dollars.
For the compensations granted by law to the chief justice, associate judges, district judges, and attorney general, forty-four thousand nine hundred dollars.
For defraying the expense of clerks of courts, jurors and witnesses, in aid of the fund arising from fines, forfeitures and penalties; and likewise for defraying the expenses of prosecution for offences against the United States, and for safe keeping of prisoners, thirty thousand dollars.
For compensation to the Secretary of State, clerks and persons employed in that department, nine thousand one hundred and sixty-two dollars and thirty-four cents.
For incidental and contingent expenses in the said department, six thousand five hundred and eighty dollars.
For compensation to the Secretary of the Treasury, clerks and persons employed in his office, eight thousand eight hundred and fifty dollars.
For expense of stationery, printing, and all other contingent expenses in the office of the Secretary of the Treasury, five hundred dollars.
For compensation to the Comptroller of the Treasury, clerks and persons employed in his office, eleven thousand eight hundred and fifty dollars.
For expense of stationery, printing, and all other contingent expenses in the Comptroller's office, eight hundred dollars.
For compensation to the Treasurer, clerks, and other persons employed in his office, four thousand six hundred and fifty dollars.
For expense of firewood, stationery, printing, rent, and all other contingencies in the Treasurer's office, six hundred dollars.
For compensation to the Auditor of the Treasury, clerks and persons employed in his office, eleven thousand nine hundred and twenty-five dollars.
For expense of stationery, printing and all other contingent expenses in the Auditor's office, seven hundred and fifty dollars.
For compensation to the Commissioner of the Revenue, clerks and persons employed in his office, five thousand five hundred and twentyfive dollars.
For expense of stationery, printing and all other contingent expenses in the office of the Commissioner of the Revenue, four hundred dollars.