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boundary

line, in viola provisions of

tion the

this act, &c. Proviso; no

&c.

soldiers to

ty, &c.

violation of any of the provisions or regulations of this act, and him or them immediately to convey, in the nearest convenient and safe route, to the civil authority of the United States, in some one of the three next adjoining states or districts, to be person appre- proceeded against in due course of law: Provided, That no by military force, person apprehended by military force, as aforesaid, shall be detained longer than five days after the arrest, and before removal. Officers and And all officers and soldiers who may have any such person or treat persons persons in custody, shall treat them with all the humanity which in custody the circumstances will possibly permit; and every officer and with humani- soldier who shall be guilty of maltreating any such person while in custody, shall suffer such punishment as a court martial shall Proviso; offi- direct: Provided, That the officer having custody of such percers having custody of per- son or persons shall, if required by such person or persons, consons, &c. if duct him or them to the nearest judge of the supreme or superequired, to conduct them rior court of any state, who, if the offence is bailable, shall take proper bail, if offered, returnable to the district court next to be holden in said district; which bail the said judge is hereby authorized to take, and which shall be liable to be estreated as any other recognisance for bail in any court of the United States; and if said judge shall refuse to act, or the person or persons fail to procure satisfactory bail, then the said person or persons are to be proceeded with according to the directions of this act.

to the nearest judge, &c. in order to bail,

&c.

Offenders against this act, &c. may

be there apprehended and brought to trial, &c.

17. That if any person who shall be charged with a violation of any of the provisions or regulations of this act, shall be found within any of the United States, or either of the territorial districts of the United States, such offender may be there apprehended and brought to trial, in the same manner as if such crime or offence had been committed within such state or disThe military trict; and it shall be the duty of the military force of the United force to aid in States, when called upon by the civil magistrate, or any proper fenders, &c. officer, or other person duly authorized for that purpose, and having a lawful warrant, to aid and assist such magistrate, officer, or other person authorized, as aforesaid, in arresting such offender, and him committing to safe custody for trial according to law.

arresting of

Amount of fines, &c.

to be fixed by

18. That the amount of fines, and duration of imprisonwithin the lim- ment, directed by this act as a punishment for the violation of its prescribed, any of the provisions thereof, shall be ascertained and fixed, not the courts, at exceeding the limits prescribed, in the discretion of the court discretion, &c. before whom the trial shall be had; and that all fines and forA moiety of fines and for- feitures which shall accrue under this act, shall be one half to features to the the use of the informant, and the other half to the use of the informer, &c. except, &c. United States: except where the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use.

Nothing in

this act to pre-
vent trade,
&c. with
Indians,
&c.
Unmolested

§ 19. That nothing in this act shall be construed to prevent any trade or intercourse with Indians living on lands surrounded by settlements of the citizens of the United States, and being within the ordinary jurisdiction of any of the individual states; or the unmolested use of a road from Washington district to ed, &ention- Mero district, or to prevent the citizens of Tennessee from

use of the road

&c.

[ocr errors]

from Knox

the settlement

on Obed's riv

keeping in repair the said road, under the direction or orders of the governor of said state, and of the navigation of the Tennessee river, as reserved and secured by treaty; nor shall this act Travelling be construed to prevent any person or persons travelling from ville to Price's Knoxville to Price's settlement, or to the settlement on Obed's settlement, or river, (so called,) provided they shall travel in the trace or path which is usually travelled, and provided the Indians make no er, &c. providobjection; but if the Indians object, the president of the United ed, &c. States is hereby authorized to issue a proclamation, prohibiting all travelling on said traces, or either of them, as the case may be, after which the penalties of this act shall be incurred by every person travelling or being found on said traces, or either of them, to which the prohibition may apply, within the Indian boundary, without a passport.

20. That the president of the United States be, and he is hereby, authorized to cause to be clearly ascertained, and distinctly marked, in all such places as he shall deem necessary, and in such manner as he shall direct, any other boundary lines between the United States and any Indian tribe, which now are, or hereafter may be, established by treaty.

21. That the president of the United States be authorized to take such measures, from time to time, as to him may appear expedient, to prevent or restrain the vending or distributing of spirituous liquors among all or any of the said Indian tribes, any thing herein contained to the contrary thereof notwithstanding.

22. That this act shall be in force from the passage thereof; and so far as respects the proceedings under this act, it is to be understood that the act, entitled "An act to amend an act, entitled "An act giving effect to the laws of the United States within the district of Tennessee," is not to operate. March 30, 1802.]

CHAP. [19.] An act to repeal the internal taxes.

The president

authorized to cause other

Indian boundmarked, &c.

ary lines to be

The president sures to restrain the vennous liquors among the In

may take mea

ding of spirit

dian tribes, &c.

This act to be

in force from its passage. The act men

tioned not to operate, &c.

[Approved, Vol. i. p. 562.

Obsolete.

of June, 1802;

refined sugar,

tinued, &c.

1. Be it enacted, &c. That, from and after the thirtieth day After the 30th of June next, the internal duties on stills, and domestic distilled the internal spirits, and refined sugars, licenses to retailers, sales at auction, duties on stills, carriages for the conveyance of persons, and stamped vellum, licenses, &c. parchment, and paper, shall be discontinued, and all acts and to be discon parts of acts relative thereto shall, from and after the said thirtieth day of June next, be repealed: Provided, That, for the re- Proviso; the covery and receipt of such duties as shall have accrued, and on provisions of the day aforesaid remain outstanding, and for the payment of pealed, for the drawbacks, or allowances, on the exportation of any of the said recovery of spirits or sugars, legally entitled thereto, and for the recovery and distribution of fines, penalties, and forfeitures, and the remission thereof, which shall have been incurred before and on the said day, the provisions of the aforesaid acts shall remain in full force and virtue.

the acts re

duties, &c. to

remain in

superintend

2. That the office of superintendent of stamps shall cease The office of and be discontinued from and after the thirtieth day of April, ent of stamps one thousand eight hundred and two; after which day the com- to be discontinued, &c. missioner of the revenue shall perform all the duties by law en

form the du-
ties, &c.
The office of

collectors of

the internal

duties to con-
tinue until,
&c.

when expedient, &c.

continue until

of duties and

discontinu

ed, &c.

tinue

The commis- joined on the said superintendent of stamps, which may be resioner to per- quired in pursuance of this act: that the office of the collectors of the internal duties shall continue in each collection district, respectively, until the collection of the duties above mentioned shall have been completed in such district, and no longer, unless sooner discontinued by the president of the United States, who shall be and hereby is empowered, whenever the collection of The president may disconti- the said duties shall have been so far completed in any district nue collectors as to render, in his opinion, that measure expedient, to disconof the said collectors, and to unite into one collection any district, any two or more collection districts, lying and being in The office of the same state: that the office of supervisor shall continue in supervisor to each state or district, respectively, until the collection of the duthe collection ties above mentioned, together with the collection of the direct tax is complet- tax, shall have been completed in such state or district, and no ed, unless, &c. longer, unless sooner discontinued by the president of the United States, who shall be, and hereby is, empowered, whenever the collection of the said duties and tax shall have been so far completed in any state or district, as, in his opinion, to render that measure expedient, to discontinue any of the said offices; in Collectors which case the collectors thereafter employed in the collection may be ap- of the said duties and tax in such state or district, shall be appointed, &c. by the presi- pointed and romoveable by the president alone, and shall be imdent after the mediately accountable to the officers of the treasury department, ance of the of under such regulations as may be established by the secretary of fices mention- the treasury: that, for the promoting of the collection of any of The president the above mentioned duties, or tax, which may be outstanding after the said thirtieth day of June next, the president of the ance for col- United States shall be, and he hereby is, empowered, at any time lecting outstanding du- thereafter, to make such allowance as he may think proper, in ties and taxes, addition to that now allowed by law to any of the collectors of the said duties and tax, and the same from time to time to vary: Proviso; addi- Provided, That such additional allowance shall, in no instance, exceed, in the aggregate, five per cent. of the gross amount of exceed, &c. the duties and tax outstanding on that day: and the office of the commis- commissioner of the revenue shall cease and be discontinued sioner of the whenever the collection of the duties and tax above mentioned shall be completed, unless sooner discontinued by the president of the United States, who shall be, and hereby is, empowered, whenever the collection of the said duties and tax shall have been so far completed as, in his opinion, to render that measure expedient, to discontinue the said office; in which case the immediate superintendence of the collection of such parts of the said duties and taxes as may then remain outstanding, shall be placed in such officer of the treasury department as the secretary for the time being may designate: Provided, however, That all bonds, notes, or other instruments, which have been charged with the payment of a duty, and which shall, at any time prior to the said thirtieth day of June, have been written or printed upon vellum, parchment, or paper, not stamped or marked according to law, or upon vellum, parchment, or paper, stamped or marked at a lower rate of duty than is, by law, required for such bond, note, or other instrument, may be presented to any collect

may make additional allow

&c.

tional allow

ance not to

'The office of

revenue to cease when

the collection

and tax has been so far completed, as, &c.

Superintendence of the

collection of duties, &c. outstanding, to be afterwards assigned, &c. Bonds, &c. written prior to the 30th

June, 1802, on

paper, &c. not stamped, or

stamped at a

lower rate,

&c. may be

duty, and ten

dorsed and

or of the customs within the state; and where there is no such presented to collector, to the marshal of the district, whose duty it shall be, any collector upon the payment of the duty with which such instrument was &c. and, on chargeable, together with the additional sum of ten dollars, for payment of the which duty and additional sum the said collector or marshal shall dolls. be enbe accountable to the treasury of the United States, to endorse made valid, upon some part of such instrument his receipt for the same; &c. and thereupon, the said bond, note, or other instrument, shall be, to all intents and purposes, as valid and available to the person holding the same, as if it had been or were stamped, counter stamped, or marked, as by law required; any thing in any act to the contrary notwithstanding.

30th June, 1802, may,

Owners of

es had not ex

to be allowed

Provisions

3. That owners of stills, whose licenses to distil shall not Owners of have expired on the thirtieth day of June next, shall, at their op- censes do not stills, whose lition, pay either the whole duty which would have accrued on expire on the their stills on account of such licenses, or the duty which would have accrued on said stills on the day aforesaid, if they had taken &c. licenses ending on that day: that owners of snuff mills, whose snuff mills, licenses had not expired on the first day of June, one thousand whose licensseven hundred and ninety-six, shall be allowed a deduction from pired on the the duties incurred on the same, proportionate to the time thus 1st June, 1796, remaining unexpired on such licenses: that the several banks, a deduction, which may have agreed to pay the annual composition of one &c. per cent. on their dividends, in lieu of the stamp duty on the with respect notes issued by them, shall pay only at the rate of one per cent. to banks, per annum, on such dividends, to the thirtieth day of June next: owners of carthat retailers of wines and spirits, who may take licenses after the riages, &c. passing of this act, shall pay for such licenses only in proportion to the time which may intervene between the obtaining of such licenses and the thirtieth day of June next: and that the owners of carriages for the conveyance of persons, who may enter the same after the passing of this act, and before the thirtieth day of June next, shall pay the duty for the same only to the said thirtieth day of June.

retailers, and

northwest dis

4. That the supervisor of the northwest district shall, in The superviaddition to the same commissions on the product of all the in- sor of the ternal duties collected in his district as heretofore have been trict to be alallowed to the supervisor of Ohio, be allowed an annual sala-lowed a salary ry of five hundred dollars, and at the rate of three hundred dol- in addition to lars per annum for clerk hire.

of 500 dolls.

commissions,

&c.

supervisors of

5. That the following extra allowances for clerk hire, shall Extra allowbe made, for one year, to the supervisors of the following dis- hire, for one tricts, as a full compensation for the additional duties arising year, to the from the settlement of accounts of certain inspectors of the the districts internal revenues, whose offices have been suppressed by the mentioned, as president of the United states; that is to say: to each of the sation for adsupervisors of Massachusetts, Pennsylvania, Maryland, North ditional duties, Carolina, and South Carolina, the sum of eight hundred dollars, and to the supervisor of Virginia, the sum of five hundred dollars.

a full compen

&c.

§ 6. That so much of any act, as directs an annual entry of So much of stills to be made, be, and the same hereby is, repealed. any act as, &c. repealed.

7. That the certificates accompanying foreign distilled spi- The certifi

be furnished

cates accom- rits, wines, and teas, which are now furnished by the supervisors panying foreign distilled to the inspectors of the ports, shall, from and after the aforesaid spirits, &c. 10 thirtieth day of June, be furnished by such collectors of the cusby the collec- toms as may be designated by the secretary of the treasury. And it shall be the duty of the inspectors to account with such colInspectors to account with lectors, for the application of such certificates, in like manner, collectors of and under the same regulations, as heretofore they have accountthe customs, ed with the supervisors.

tors, &c.

&c.

Collectors of

the customs to

8. That, for preparing and issuing the certificates, the colreceive, &c. lectors performing that duty shall be entitled to, and receive, the same compensation as heretofore has been allowed to the supervisors, respectively.

Persons hav

ter the 30th

paper, &c. en

value of the

9. That all persons who shall, on or after the thirtieth day in on hand, af- of June next, have any blank vellum, parchment, or paper, June, 1802, which has been stamped by the superintendent of stamps, and blank vellum, counterstamped by the commissioner of the revenue, and on titled to re- which a duty has been paid to the use of government, shall be ceive back the entitled to receive from such collector or collectors of the cusstamps, seven toms, or other revenue officer, in the respective states or districts, and a half per cent. being as may be designated for that purpose by the secretary of the deducted, if treasury, the value of the said stamps, after deducting, in all presented within four cases, seven and an half per cent. and the said officers are heremonths. by authorized to pay the same: Provided, the said blank vellum, parchment, or paper, be presented within four months after the thirtieth day of June next. [Approved, April 6, 1802.]

Land to be purchased for

CHAP. [20.] An act authorizing the erection of certain lighthouses, and for other purposes.

1. Be it enacted, &c. That, under the direction of the sethe use of the cretary of the treasury, there shall be purchased for the use of United States the United States, the land whereon lately stood the lighthouse whereon late- on Gurnet Point, and so much land adjoining thereto as may lighthouse on be sufficient for vaults, and any other purpose necessary for the Gurnet Point, better support of the said lighthouse.

ly stood the

&c.

ry, &c. autho

cure a new

The secreta- 2. That the secretary of the treasury shall be, and he is rized to pro- hereby, authorized, at his discretion, to procure a new lantern, or lanterns, with suitable distinctions, and to cause convenient and the light- vaults to be erected; and the said lighthouse, on the Gurnet, at house, &c. the entrance on Plymouth harbor, to be rebuilt.

lantern, &c.

The secretary

be rebuilt the

end of New

of the treasu- 3. That the secretary of the treasury shall be, and he is ry to cause to hereby, authorized to cause to be rebuilt, of such height as he lighthouse on may deem expedient, the lighthouse now situated on the eastern the eastern end of Newcastle Island, at the entrance of Piscataqua river, castle Island, either on the land owned by the United States, or on Pollock Rock: Provided, That if built on Pollock Rock, the legislature built on Pol- of New Hampshire shall vest the property of the said rock in the United States, and cede the jurisdiction of the same.

&c.

Proviso; if

lock Rock,

&c.

The secretary

ry to cause a

4. That the secretary of the treasury shall be, and he is of the treasu- hereby, authorized and directed to cause a sufficient lighthouse lighthouse to to be erected on Lynde's Point, at the mouth of Connecticut Lynde's point, river, in the state of Connecticut, and to appoint a keeper, and otherwise provide for such lighthouse, at the expense of the United States: Provided, That sufficient land for the accommo

be erected on

&c.

Proviso; if sufficient

land can

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