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No. 241.- AUGUST 16, 1842.

CHAP. CLXXVII. — An Act explanatory of an Act entitled "An Act to constitute the
Ports of Stonington, Mystic River, and Pawcatuck River, a Collection District."

Be it enacted, &c. That the first section of the act entitled "An act to constitute the ports of Stonington, Mystic river, and Pawcatuck river, a collection district," shall be construed in the same manner it would have been had the words "from and after the thirtieth day of June next" been wholly omitted in said section.

SEC. 2. That the aforesaid act, entitled "An act to constitute the ports of Stonington, Mystic river, and Pawcatuck river, a collection district," approved August third, eighteen hundred and forty-two, shall take effect in all its provisions, and be in force as hereby explained, from and after the said third day of August, eighteen hundred and forty-two.

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CHAP. CLXXIX.

An Act to change the Name of the Port of Entry on Lake Erie,
known as Portland, to that of Sandusky.

Be it enacted, &c. That from and after the first day of October, in the year of our Lord one thousand eight hundred and forty-two, the port of Portland on Lake Erie, in the district of Sandusky, in the State of Ohio, shall be called the port of Sandusky.

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CHAP. CLXXXIII. - An Act making Appropriations for the Support of the Army, and of the Military Academy, for the Year one thousand eight hundred and forty-two. SEC. 2. That no officer in any branch of the public service, or any other person whose salary, pay, or emoluments, is or are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatsoever, unless the same shall be authorized by law, and the appropriation therefor explicitly set forth that it is for such additional pay, extra allowance, or compensation.

No. 244. - AUGUST 23, 1842.

CHAP. CLXXXVIII. An Act further supplementary to an Act entitled "An Act to establish the Judicial Courts of the United States," passed the twenty-fourth of September, seventeen hundred and eighty-nine.

Stat. at Large, Vol. V. p. 507.

After 1st Oc

tober, 1842, called Sandusky.

Portland to be

Stat. at Large, Vol. V. p. 508.

Relative to extra allowances.

Stat. at Large, Vol. V. p. 516.

Act of Sept. 24, 1789, ch. 20. Commission

to take bail, &c.

justice of the peace in certain

Be it enacted, &c. That the commissioners who now are, or hereafter may be, appointed by the circuit courts of the United States to take ers appointed by acknowledgments of bail and affidavits, and also to take depositions of wit- the circuit courts nesses in civil causes, shall and may exercise all the powers that any jus- may exercise tice of the peace, or other magistrate, of any of the United States may the powers of a now exercise in respect to offenders for any crime or offence against the United States, by arresting, imprisoning, or bailing the same, under cases. and by virtue of the thirty-third section of the act of the twenty-fourth of September, anno Domini seventeen hundred and eighty-nine, entitled, 1789, ch. 20. "An act to establish the judicial courts of the United States;" and who shall and may exercise all the powers that any judge or justice of the peace may exercise under and in virtue of the sixth section of the act passed the twentieth of July, anno Domini seventeen hundred and ninety, entitled "An act for the government and regulation of seamen in the merchant service."

Act of July 20, 1790, ch. 29.

Justice, &c.

SEC. 2. That in all hearings before any justice or judge of the United States, or any commissioner appointed as aforesaid, under and in virtue may require de

fendants' wit

nesses to give recognizance

for their appearance to testify.

District courts

of the said thirty-third section of the act entitled "An act to establish the judicial courts of the United States," it shall be lawful for such justice, judge, or commissioner, where the crime or offence is charged to have been committed on the high seas or elsewhere within the admiralty and maritime jurisdiction of the United States, in his discretion to require a recognizance of any witness produced in behalf of the accused, with such surety or sureties as he may judge necessary, as well as in behalf of the United States, for their appearing and giving testimony, at the trial of the cause, whose testimony, in his opinion, is important for the purposes of justice at the trial of the cause, and is in danger of being otherwise lost; and such witnesses shall be entitled to receive from the United States the usual compensation allowed to government witnesses for their detention and attendance, if they shall appear and be ready to give testimony at the trial.

SEC. 3. That the district courts of the United States shall have conto have concur- current jurisdiction with the circuit courts of all crimes and offences rent jurisdiction with the circuit against the United States, the punishment of which is not capital. And courts of all of in such of the districts where the business of the court may require it to fences not capi- be done for the purposes of justice, and to prevent undue expenses and Adjournments. delays in the trial of criminal causes, the said district courts shall hold monthly adjournments of the regular terms thereof for the trial and hearing of such causes.

tal.

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SEC. 4. That, in lieu of the punishment now prescribed by the sixteenth section of the act of Congress, entitled, "An act for the punishment of certain crimes against the United States," passed on the thirtieth day of April, anno Domini one thousand seven hundred and ninety, for the offences in the said section mentioned, the punishment of the offender, upon conviction thereof, shall be by fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both, according to the nature and aggravation of the offence.

SEC. 5. That the district courts as courts of admiralty, and the circuit courts as courts of equity, shall be deemed always open for the of purpose filing libels, bills, petitions, answers, pleas, and other pleadings, for issuing and returning mesne and final process and commissions, and for making and directing all interlocutory motions, orders, rules, and other proceedings whatever, preparatory to the hearing of all causes pending therein upon their merits. And it shall be competent for any judge of the court, upon reasonable notice to the parties, in the clerk's office or at chambers, and in vacation as well as in term, to make and direct, and award all such process, commissions and interlocutory orders, rules, and other proceedings, whenever the same are not grantable of course according to the rules and practice of the court.

SEC. 6. That the Supreme Court shall have full power and authority, from time to time, to prescribe, and regulate, and alter, the forms of writs and other process to be used and issued in the district and circuit courts of the United States, and the forms and modes of framing and filing libels, bills, answers, and other proceedings and pleadings, in suits at common law or in admiralty and in equity pending in the said courts, and also the forms. and modes of taking and obtaining evidence, and of obtaining discovery, and generally the forms and modes of proceeding to obtain relief, and the forms and modes of drawing up, entering, and enrolling decrees, and the forms and modes of proceeding before trustees appointed by the court, and generally to regulate the whole practice of the said courts, so as to prevent delays, and to promote brevity and succinctness in all pleadings and proceedings therein, and to abolish all unnecessary costs and expenses in any suit therein.

SEC. 7. That, for the purpose of further diminishing the costs and expenses in suits and proceedings in the said courts, the Supreme Court shall have full power and authority, from time to time, to make and pre

trict or circuit

courts.

scribe regulations to the said district and circuit courts, as to the taxa- costs in the distion and payment of costs in all suits and proceedings therein; and to make and prescribe a table of the various items of costs which shall be taxable and allowed in all suits, to the parties, their attorneys, solicitors, and proctors, to the clerk of the court, to the marshal of the district, and his deputies, and other officers serving process, to witnesses, and to all other persons whose services are usually taxable in bills of costs. And the items so stated in the said table, and none others, shall be taxable or allowed in bills of costs; and they shall be fixed as low as they reasonably can be, with a due regard to the nature of the duties and services which shall be performed by the various officers and persons aforesaid, and shall in no case exceed the costs and expenses now authorized, where the same are provided for by existing laws.

Interest shall be allowed and levied by the

SEC. 8. That on all judgments in civil cases, hereafter recovered in the circuit or district courts of the United States, interest shall be allowed, and may be levied by the marshal, under process of execution issued marshal under thereon, in all cases where, by the law of the State in which such circuit execution upon or district court shall be held, interest may be levied under all judgments, of exprocess ecution on judgments recovered in the courts of such State, to be calculated from the date of the judgment, and at such rate per annum, as is allowed by law, on judgments recovered in the courts of such State.

CHAP. CCII.

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&c.

An Act legalizing and making Appropriations for such Necessary Stat. at Large, Objects as have been usually included in the General Appropriation Bills without Authority Vol. V. p. 523. of Law, and to fix and provide for certain Incidental Expenses of the Departments and Offices of the Government, and for other Purposes.

be made annually to Con

SEC. 11. That it shall be the duties of the Secretaries of State, of Report of the Treasury, War, and Navy, of the commissioners of the navy, of the clerks, &c. to Postmaster-General, of the secretary of the Senate, and of the clerk of the House of Representatives, to report to Congress, at the beginning of gress. each year, the names of the clerks and other persons that have been employed, respectively, during the preceding year, or any part thereof, in their respective departments and offices, together with the time that each clerk or other person was actually employed, and the sums paid to each; and, also, whether they have been usefully employed; whether the services of any of them can be dispensed with without detriment to the public service, and whether the removal of any individuals, and the appointment of others in their stead, is required for the better despatch of business; and no greater allowance shall be made to any such clerk, or other person, than is, or may be authorized by law, except to watchmen and messengers, for any labor or services required of them beyond the particular duties of their respective stations, rendered at such times as does not interfere with the performance of their regular duties.

SEC. 12. That no allowance or compensation shall be made to any clerk or other officer, by reason of the discharge of duties which belong to any other clerk or officer in the same or any other department; and no allowance or compensation shall be made for any extra services whatever, which any clerk or other officer may be required to perform.

No allowance to be made for extra services.

vise the duties

SEC. 13. That it shall be the duty of each chief or principal clerk in Duty of chief the respective departments, bureaus, and other offices, to supervise, under clerks to superthe direction of his immediately superior officer, the duties of the other of other clerks. clerks therein, and to see that their duties are faithfully executed, and that such duties are distributed with equality and uniformity, according to the nature of the case. And such distribution shall be revised, from time to time, by the said chief or principal clerk, for the purpose of correcting any tendency to undue accumulation or reduction of duties, whether arising from individual negligence or incapacity, or from increase or diminution of

Manner in

are to be com

municated to Congress.

particular kinds of business; and such chief or principal clerk shall report monthly to his superior officer any existing defect that he may be aware of in the arrangement or despatch of business; and such defect shall be amended by new arrangements of duties, dismissal of negligent or incompetent officers, or otherwise.

SEC. 14. That it shall be the duty of the several heads of departments, which estimates in communicating estimates of expenditures and appropriations to Congress, and to any of the committees thereof, to specify, as nearly as may be convenient, the sources from which such estimates are derived, and the calculations upon which they are founded; and, in so doing, to discriminate between such estimates as are conjectural in their character, and such as are framed upon actual information and application from disbursing officers; and, in communicating the several estimates, reference shall be given to the laws and treaties by which they are authorized, the dates thereof, and the volume, page, and section, in which the necessary provisions are contained.

Employment of extra clerks.

Employment of messengers, laborers, &c.

Purchase of newspapers.

Stationery and job printing to be furnished and performed by contract.

SEC. 15. That no extra clerk shall be employed, in any department, bureau, or office, at the seat of government, except during the session of Congress, or when indispensably necessary to enable such department, bureau, or office, to answer some call made by either House of Congress at one session, to be answered at another; and not then, except by order of the head of the department in which, or in some bureau or office of which, such extra clerk shall be employed; and no such extra clerk, for copying, shall receive more than three dollars per day, or for any other service more than four dollars per day, for the time actually and necessarily employed.

SEC. 16. That no messenger, assistant messenger, laborer, or other person, shall be employed in any department, bureau, or office at the seat of government, or paid out of the contingent fund appropriated to such department, bureau, or office, unless such employment shall be authorized by law, or shall become necessary to carry into effect some object for which appropriations may be specifically made; and not exceeding one hundred dollars per annum shall be applied by each department (except the Department of State,) for the purchase of newspapers for such department, and all the bureaus and offices connected therewith; and such papers shall be preserved as files for said department.

SEC. 17. That all stationery, of every name and nature, for the use of the two Houses of Congress, and all stationery and job printing, of every name and nature, for the use of the several departments of Government, and for the bureaus and offices in those departments at Washington, including all stationery, blanks, wrapping paper, and twine, and mail bags, furnished the post-offices and collectors' offices throughout the United States, shall hereafter be furnished and performed by contract, by the lowest bidder, as follows: the secretary of the Senate, the clerk of the House of Representatives, the head of each department, and such deputy postmasters in the Post-Office establishment, and such collectors in the custom-house establishment, as the Postmaster-General and the Secretary of the Treasury shall respectively designate for that purpose, shall respectively advertise, once a week, for at least four weeks, in one or more of the principal papers published in the places where such articles are to be furnished, or such printing done, for sealed proposals for furnishing such articles, or the whole of any particular class of articles, or for doing such printing, or the whole of any specified job thereof, to be done at such place, specifying in such advertisement the amount, quantity, and description of each kind of articles to be furnished, and, as near as may be, the nature, amount, and kind of printing to be done; and all such proposals shall be kept sealed until the day specified in such advertisement for opening the same, when they shall be opened, by or under the direction of the officer making such advertisement, in the presence of at least

two persons; and the person offering to furnish any class of such articles, or to perform any specified portion or job of said work, and giving satisfactory security for the performance thereof, under a forfeiture not exceeding twice the contract price in case of failure, shall receive a contract for doing the same; and in case the lowest bidder shall fail to enter into such contract and give such security within a reasonable time, to be fixed in such advertisement, then the contract shall be given to the next lowest bidder who shall enter into such contract and give such security. And in case of a failure to supply the articles or to perform the work, by the person entering into such contract, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name of the United States, in any court having jurisdiction thereof.

Bids and pro

SEC. 18. That all such bids or proposals shall be returned by the person authorized, as aforesaid, to receive the same, to the executive posals to be served, &c. department from which such authority is derived, and shall be preserved in said department, subject to such examination as Congress may at any time order and direct.

pre

Relative to the

Detailed state

ment of the manner in

have been ex

SEC. 19. That no part of the contingent fund appropriated to any department, bureau, or office, shall be applied to the purchase of books, books, &c. periodicals, pictures, or engravings, or other thing, except such books, periodicals, and maps, or other thing, as the head of such department shall deem necessary and proper to carry on the business of such department, and shall, by written order, direct to be procured for that purpose. SEC. 20. That it shall be the duty of the secretary of the Senate, at the commencement of every regular session of Congress, to report to the Senate, and of the clerk of the House of Representatives to report to which the conthe House, and of the head of each department to report to Congress, a tingent funds detailed statement of the manner in which the contingent fund for each pended, to be House, and of their respective departments, and for the bureaus and reported to Conoffices therein, has been expended, giving the names of every person to gress. whom any portion thereof has been paid; and if for anything furnished, the quantity and price; and if for any services rendered, the nature of such service, and the time employed, and the particular occasion or cause, in brief, that rendered such service necessary; and the amount of all former appropriations in each case on hand, either in the treasury or in the hands of any disbursing officer or agent. And they shall require of the disbursing officers, acting under their direction or authority, the return of precise and analytical statements and receipts for all the moneys which may have been, from time to time during the next preceding year, expended by them; and the results of such returns and the sums total shall be communicated annually to Congress, by the said officers, respectively.

Act 20th Sept. 1818, ch. 80, re

Territories, re

SEC. 21. That the act entitled "An act to provide for the publication of the laws of the United States, and for other purposes," approved April quiring the laws twentieth, eighteen hundred and eighteen, so far as the same authorizes to be published or requires the laws, resolutions, treaties, and amendments of the Consti- in the States and tution of the United States, to be published in any paper or papers pealed; and in printed in the different States or Territories of the United States, is hereby lieu thereof, repealed; and in lieu thereof, it shall be the duty of the Secretary of they shall be published in not State to publish such laws, resolutions, treaties, and amendments, in not less than two nor less than two nor more than four of the principal newspapers published more than four newspapers in in the city of Washington for country subscribers, giving the preference Washington. to such papers as have the greatest number of permanent subscribers and the most extensive eirculation; for which the proprietor of each paper shall receive, as full compensation, at the rate of one dollar for each page of the laws, resolutions, treaties, and amendments, as published in pamphlet form. And if it shall appear, on the examination of any account, that there has been any unreasonable delay or intentional omission in the lay, &c. in the

Compensation for publishing.

In case of de

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