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The present Tennessee, now in office, shall severally and respectively be attornies district attornies to continue
for those districts within which they reside, until removed by the Presioffice, unless re- dent of the United States. moved by the Sec. 21. And be it further enacted, That all actions, suits, process, President:
Proceedings, pleadings and proceedings, of what nature or kind soever, which shall &c., depending be depending or existing in the sixth circuit of the United States within in the sixth cir- the circuit courts of the districts of East and West Tennessee, shall be cuit in certain courts contin
and hereby are continued over to the district courts established by this ued over to act in manner following, that is to say: All such as shall on the first others.
day of July next, be depending and undetermined, or shall then have been commenced, and made returnable before the circuit court of East Tennessee, to the next district court hereby directed to be holden, within and for the district of East Tennessee; all such as shall be depending and undetermined, or shall have been commenced and made returnable before the circuit court of West Tennessee, to the next district court, hereby directed to be holden, within and for the district of West Tennessee, and all the said suits shall then be equally regular and effectual, and shall be proceeded in, in the same manner as they could have been if the law, authorizing the establishment of the sixth circuit of the
United States, had not been repealed. Terms of the Sec. 22. And be it further enacted, That the next session of the disdistrict court of trict court for the district of Maine, shall be holden on the last Tuesday Maine. Annual
in May next; and that the session of the said court heretofore holden sion to be hold. on the third Tuesday of June annually, shall thereafter be holden, annu
on the last ally, on the last Tuesday in May. Tuesday in May.
Sec. 23. And be it further enacted, That all writs and process which To what time shall have been issued, and all recognizances returnable, and all suits proceedings and other proceedings which have been continued to the said district therein are returnable.
court on the third Tuesday in June next, shall be returned and held
continued to the said last Tuesday of May next. District court Sec. 24. And be it further enacted, That the chief judge of the disof the U. States trict of Columbia shall hold a district court of the United States, in to be held in the district of Co
and for the said district, on the first Tuesday of April, and on the first luibia. Tuesday of October in every year; which court shall have and exercise,
Act of Feb. within the said district, the same powers and jurisdiction which are by ruary 27, 1801, law vested in the district courts of the United States.(a) ch. 15. Testimony of
Sec. 25. And be it further enacted, That in all suits in equity, it shall
be in the discretion of the court, upon the request of either party, to chancery suits
order the testimony of the witnesses therein to be taken by depositions ; may be taken in writing.
which depositions shall be taken in conformity to the regulations prescribed by law for the courts of the highest original jurisdiction in
equity, in cases of a similar nature, in that state in which the court of Cases in which the United States may be holden: Provided however, that nothing hereit shall not be in contained shall extend to the circuit courts which may be holden in taken in writing. those states, in which testimony in chancery is not taken by deposi
tion.(6) Clerk for the Sec. 26. And be it further enacted, That there shall be a clerk for district court of the district court of Norfolk, to be appointed by the judge thereof, which Norfolk.
His place of clerk shall reside and keep the rec of the said court at Norfolk residence, du. aforesaid, and shall perform the same duties, and be entitled to, and
receive the same fees and emoluments which are established by law for
the clerks of the district courts of the United States. Terms of the Sec. 27. And be it further enacted, That from and after the first district court of day of July next, there shall be holden, annually, in the district of Ver
mont, two stated sessions of the district court, which shall commence
ties and emolu. inents.
(a) See note to act of February 27, 1801, chap. 15.
(b) In appeals to the supreme court from the circuit courts in chancery cases, the parol testimony which is heard in the court below ought to appear on the record. Conn v. Penn, 5 Wheat. 424 ; 4 Cond. Rep. 716.
Act of March
on the tenth day of October, at Rutland, and on the seventh day of May, at Windsor, in each year; and when either of the said days shall happen on a Sunday, the said court, hereby directed to be holden on such day, shall be holden on the day next thereafter. Sec. 23. And be it further enacted, That the act, intituled “An Repealing
clause concern. act altering the time of holding the district court in Vermont," and so
ing the former much of the second section of the act, intituled “An act giving effect sessions of this to the laws of the United States within the state of Vermont," as pro- court. vides for the holding four sessions, annually, of the said district court, 22, 1816, Ch. 31. in said district, from and after the first day of July next, be and hereby See vol. i. p. are repealed.
197. Sec. 29. And be it further enacted, That the clerk of the said dis- When a grand trict court shall not issue a process to summon, or cause to be returned, jury for the disto any session of the said district court, a grand jury, unless by special Vermont is to be order of the district judge, and at the request of the district attorney; summoned. nor shall he cause to be summoned or returned, a petit jury to such ses
And a petit sions of the said district court, in which there shall appear to be no issue
jury. proper for the trial by jury, unless by special order of the judge as aforesaid. And it shall be the duty of the circuit court in the district of Circuit court Vermont, at their stated sessions, to give in charge to the grand juries, of the district of all crimes, offences and misdemeanors, as are cognizable, as well in the certain things in said district court, as the said circuit court, and such bills of indict- charge to the ment as shall be found in the circuit court, and cognizable in the said grand juries. district court, shall, at the discretion of the said circuit court, be transmitted by the clerk of the said court, pursuant to the order of the said circuit court, with all matters and things relating thereto, to the district court next thereafter to be holden, in said district, and the same proceedings shall be had thereon in said district court, as though said bill of indictment had originated and been found in the said district court. And all recognizances of witnesses, taken by any magistrate in said district, for their appearance to testify in any case cognizable in either of the said courts, shall be to the circuit court next thereafter to be holden in said district.
Sec. 30. And be it further enacted, That from and after the passing Special juries of this act, no special juries shall be returned by the clerks of any of
to be no longer
returned by the the said circuit courts; but that in all cases in which it was the duty clerks. of the said clerks to return special juries before the passing of this act, it shall be the duty of the marshal for the district where such circuit Marshals to court may be held, to return special juries, in the same manner and form, do it in certain as, by the laws of the respective states, the said clerks were required to return the same.
APPROVED, April 29, 1802.
Chap. XXXII.-An Act making provision for the redemption of the whole of the April 29, 1802. Public Debt of the United States.
[Obsolete.) Be it enacted by the Senate and House of Representatives of the United Appropriations States of America in Congress assembled, That so much of the duties on merchandise and tonnage as, together with the monies, other than guishment of the surpluses of revenue, which now constitute the sinking fund, or shall
See vol. i. p. accrue to it by virtue of any provisions heretofore made, and together 138, 218, 279, with the sums annually required to discharge the annual interest and 238, 370; 410,
432, 488, 512, charges accruing on the present debt of the United States, including 562. temporary loans heretofore obtained, and also future loans which may to individual be made for reimbursing, or redeeming, any instalments, or parts of the
states, vol. i. p.
49, 178, 616. principal of the said debt, will amount to an annual sum of seven millions three hundred thousand dollars, be, and the same hereby is yearly appropriated to the said fund; and the said sums are hereby declared
to be vested in the commissioners of the sinking fund, in the same manner as the monies heretofore appropriated to the said fund, to be applied by the said commissioners to the payment of interest and charges, and to the reimbursement or redemption of the principal of the public debt, and shall be and continue appropriated until the whole of the present debt of the United States, and the loans which may be made for re
imbursing or redeeming any parts or instalments of the principal of the Balances of said debt shall be reimbursed and redeemed: Provided, that after the unexpended ap- whole of the said debt, the old six per cent. stock, the deferred stock, propriation, how the seventeen hundred and ninety-six six per cent. stock and three per disposed of.
cent. stock excepted, shall have been reimbursed or redeemed, any balance of the sums annually appropriated by this act, which may remain unexpended at the end of six months next succeeding the end of the calendar year to which such annual appropriation refers, shall be carried to the surplus fund, and cease to be vested by virtue of this act in the commissioners of the sinking fund, and the appropriation, so far as
relates to such unexpended balance, shall cease and determine. Appropria. Sec. 2. And be it further enacted, That it shall be the duty of the tions, amount
Secretary of the Treasury annually, and in each year, to cause to be paid of, to be paid each and every
to the commissioners of the sinking fund the said sum of seven millions year by the Sec- three hundred thousand dollars, in such payments, and at such times, in retary of the each year as the situation of the treasury will permit: Provided, that Treasury to the commissioners all such payments as may be necessary to enable the said commissioners of the sinking to discharge, or reimburse, any demands against the United States, on fund.
account of the principal or interest of the debt, which shall be actually due, in conformity to the engagements of the said states, shall be made at such time and times, in each year as will enable the said commis
sioners faithfully and punctually to comply with such engagement. Reimburse- Sec. 3. And be it further enacted, That all reimbursements of the mentor the cap. capital, or principal of the present debt of the United States, including sent debt of the future loans which may be made for reimbursing or redeeming any United States, instalments, or parts of the same, and all payments on account of the including future interest and charges accruing upon the said debt shall be made under be made, and the superintendence of the commissioners of the sinking fund. And it payments on ac. shall be the duty of the said commissioners to cause to be applied and est, &c. to be paid out of the said fund, yearly and every year, at the treasury of the under the direc. United States, the several and respective sums following, to wit: first, tion of the com such sum and sums as by virtue of any act or acts, they have heretofore missioners the sinking
been directed to apply and to pay: secondly, such sum and sums as may fund.
be annually wanted to discharge the annual interest and charges accruing Specific ap- on any other part of the present debt of the United States, including the priations to be interest and charges which may accrue on future loans which may be the direction of made for reimbursing or redeeming any instalments, or parts of the the commission. principal of the said debt: thirdly, such sum and sums as may annually be
required to discharge any instalment or part of the principal of the present debt of the United States, and of any future loans which may be made for reimbursing, or discharging the same, which shall be actually due and demandable, and which shall not by virtue of this, or any other act, be renewed or prolonged, or reimbursed, out of the proceeds of a new loan: and also it shall be the duty of the said commissioners to cause to be applied the surplus of such fund as may at any time exist, after satisfying the purposes aforesaid, towards the further and final redemption, by payinent, or purchase, of the present debt of the United States, including loans for the reimbursement thereof, temporary loans heretofore obtained from the Bank of the United States, and those demands against the United States, under any treaty, or convention, with a foreign power, for the payment of which the faith of the United States has been, or may hereafter be pledged by Congress: Provided, however, that the whole, or any part, of such demands, arising under a
treaty, or convention, with a foreign power, and of such temporary loans,
Demands unmay, at any time, be reimbursed, either out of the sinking fund, or, if der treaties, &c. the situation of the treasury will permit, out of any other monies which may be satisfied
out of other mohave been, or may hereafter be, appropriated to that purpose.
Sec. 4. And be it further enacted, That the commissioners of the Commissioners sinking fund be, and they hereby are empowered, with the approbation authorized to
borrow under of the President of the United States, to borrow on the credit of the
the direction of United States, either in America, or abroad, by obtaining a prolongation the President of former loans, or otherwise, the sums requisite for the payment of the for the purpose instalments or parts of principal of the Dutch debt, which become due
of obtaining a
prolongation of in the years one thousand eight hundred and three, one thousand eight the payment of hundred and four, one thousand eight hundred and five, and one thou- the Dutch debt. sand eight hundred and six: and that a sum equivalent to that to be thus borrowed, or reloaned, shall be laid out by the commissioners of the sinking fund, in the purchase or redemption of such parts of the present debt of the United States, and other demands against them, as the commissioners of the sinking fund may lawfully pay, agreeably to the provisions herein before made, and as the said commissioners shall in their judgment deem most expedient, so as to effect the payment annually of seven million three hundred thousand dollars, towards the final discharge of the whole debt, agreeably to such provision: Provided, The loans to That the United States shall have a right to reimburse any loan thus made be made to be within six years after the date of the same, and that the rate of interest within six years. thereupon shall not exceed five per centum per annum, nor the charges Rate of interthereupon the rate of five per centum on the capital borrowed: And est, and of
charges. provided always, that the power herein given shall not be construed to
Power given repeal, diminish, or affect the power given to the said commissioners, not to affect the by the tenth section of the act intituled “An act making further provi- powers given by sion for the support of public credit, and for the redemption of the public debt,” to borrow certain sums for the discharge of the instalments of the capital, or principal, of the public debt, in the manner, and on the terms prescribed by the said section; nor the power given to them by an act intituled "An act making provision for the payment of certain debts of the United States," to borrow certain sums and to sell the shares of the Bank of the United States, belonging to the United States, in the manper, on the terms, and for the purposes authorized by the said act; and Not to revive provided, further, that nothing herein contained shall be construed to any act for the revive any act or part of an act, authorizing the loan of money, and which has ex: which hath heretofore expired.
pired. Sec. 5. And be it further enacted, That for the purpose of more Commissioners effectually securing the reimbursement of the Dutch debt, the commis- authorized to sioners of the sinking fund may, and they hereby are empowered, with employ the bank the approbation of the President of the United States, to contract, either as an agent, for with the Bank of the United States, or with any other public institution, the payment of
the Dutch debt, or with individuals, for the payment, in Holland, of the whole, or any be. part, of the principal of the said Dutch debt, and of the interest and charges accruing on the same, as the said demands become due, on such terms as the said commissioners shall think most advantageous to the United States; or to employ either the said bank, or any other public institution, or any individual or individuals, as agent or agents, for the purpose of purchasing bills of exchange, or any other kind of remittances, for the purpose of discharging the interest and principal of said debt, and to allow to such agent or agents a compensation not exceeding one Compensation fourth of one per cent on the remittances thus purchased or procured by to agent. them under the direction of the said commissioners, and as much of the duties on tonnage and merchandise as may be necessary for that purpose is hereby appropriated towards paying the extra allowance or commission resulting from such transaction, or transactions, and also to pay any deficiency arising from any loss incurred upon any remittance purVol. II.-22
chased or procured under the direction of the said commissioners, for
the purpose of discharging the principal and interest of the said debt. Authorized to SEC. 6. And be it further enacted, That the commissioners of the employ an agent sinking fund be, and they hereby are empowered, with the approbation live to the said of the President of the United States, to employ, if they shall deem it business. necessary, an agent in Europe for the purpose of transacting any busi
ness relative to the discharge of the Dutch debt, and to the loans autho
rized by this, or any other act, for the purpose of discharging the same, His compen. and also to allow him a compensation not exceeding three thousand
dollars a year, to be paid out of any monies in the treasury not otherwise
appropriated. Nothing in this Sec. 7. And be it further enacted, That nothing in this act contained act to affect the shall be construed to repeal, alter, or affect any of the provisions of any provisions of former acts former act pledging the faith of the United States to the payment of the pledging the interest, or principal, of the public debt; and that all such payments faith of the
shall continue to be made at the time heretofore prescribed by law; and U, States.
the surplus only of the appropriations made by this act beyond the sums payable by virtue of the provisions of any former act, shall be applicable to the reimbursement, redemption, or purchase of the public debt in the
manner provided by this act. Restrictions Sec. 8. And be it further enacted, That all the restrictions and reguand regulations lations heretofore established by law, for regulating the execution of the established by former acts,
duties enjoined upon the commissioners of the sinking fund, shall apply shall apply to to and be in as full force for the execution of the analogous duties the commis.
enjoined by this act, as if they were herein particularly repeated and reenacted. Provided, however, that the particular annual account of all
sales of stock, of loans, and of payments, by them made, shall, hereafter, the sales of stocks, &c. to
be laid before Congress on the first week of February, in each year;
and so much of any former act as directed such account to be laid before Congress. Congress within fourteen days after their meeting, is hereby repealed. 1795, ch. 45.
APPROVED, April 29, 1802. STATUTE 1.
sioners under this.
be laid before
April 29, 1802. CHAP. XXXIII.-An Act for the relief of the widows and orphans of certain per. [Obsolete.]
sons who have died in the naval service of the United States. Appropriation Be it enacted by the Senate and House of Representatives of the United for the children States of America in Congress assembled, That the widows, if any such of officers, sea
there be, and in case there be no widow, the child or children of the rines lost in the officers, seamen and inarines, who were in the service of the United ship Insurgent, States, and lost in the ship Insurgent and brigantine Pickering, shall be and brigantine Pickering. entitled to, and receive out of any money in the treasury not otherwise
appropriated, a sum equal to four months pay of their respective husbands or fathers, as aforesaid.
APPROVED, April 29, 1802.
April 29, 1802. Chap. XXXV.-- An Acl lo regulate and fix the compensations of the officers of the
Scnate and House of Representatives. (Obsolete.) Salaries of the Be it enacted by the Senate and House of Representatives of the United Secretary of the States of America in Congress assembled, That the officers of the Senate Senate, Clerk of
and House of Representatives herein after mentioned, shall be, and hereRepresentatives by are entitled to receive in lieu of their compensations as fixed by law, the
following sums; that is to say: the secretary of the senate, and clerk of 1806, ch. 23. the House of Representatives, two thousand dollars, each; their princi
pal clerks one thousand three hundred dollars, each; and each of their
engrossing clerks, one thousand dollars per annum. or the ser.
Sec. 2. And be it further enacted, That the sergeant-at-arms of the geant-at-arms of the Senate.
Senate, who also performs the duty of doorkeeper, and the sergeant-at