magistrate is hereby authorized and required to cause to be re- ted to the duced to writing, in his presence, and in the presence of the clerk of the house of repreparties or their agents, if attending, and to be duly attested by sentatives, the witnesses respectively after which, he shall transmit the with a copy of said testimony, duly certified under his hand, covered and sealed the summons, up, to the clerk of the house of representatives of the United States, for the time being, together with a copy of the warrant of summons and notification issued in that behalf, and the original affidavit proving the service of such notification. &c. § 6. That in case any judge, justice, chancellor, mayor, re- Judge, &c. not corder, or intendant, as is aforesaid, to whom the application attend, &c. being able to herein mentioned shall be made, shall, by reason of sickness, may certify necessary absence, or unavoidable accident, be rendered unable proceedings to to attend at the time and place fixed for the examination aforeanother judge &c. who may said, it shall be lawful for him to certify the matter, and the pro- proceed, &c. ceedings 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. of the peace 7. That where no such magistrate, as is herein authorized Two justices to receive applications as aforesaid, and proceed upon them, may act shall reside within any district for which an election about to be where there is contested shall have been held, it shall be lawful to make such no jduge, &c. application to any two justices of the peace residing within the said district, who are hereby authorized, in such case, to receive such application, and jointly to proceed upon it in the manner herein before directed. 8. That every witness, attending by virtue of such warrant 75 cents per of summons as is herein directed to be issued, shall be allowed day for each the sum of seventy-five cents for each day's attendance, and the attending witness, 5 cents further sum of five cents for every mile necessarily travelled in mileage, &c. 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 to be paid by And such witness shall have an action for the recovery of the the party said allowance, before any court or magistrate having competent summoning, 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. &c. Fees to judges § 9. That each judge, justice, chancellor, mayor, recorder, and other ffiintendant, and justice of the peace, who shall be necessarily em- cersemployed, ployed, 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. § 10. That this act shall continue and be in force until the end of the first session of the sixth congress, and no longer. [Approved, January 23, 1798.] Limitat on of this act to the 14th May, 1800. Repealed. Vol. i. p. 845. Owners of stills may make election at any time the year, &c. Obsolete. CHAP. [27.] An act to amend the several acts for laying duties on spirits distilled within the United States, and on stills. § 1. Be it enacted, &c. That from and after the passing of this act, it shall be lawful for all owners of stills within the of 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 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.] Vol. i. p. 282. the act of 9th Feb. 1793, til the 3d of May, 1802. CHAP. [28.] An act supplementary to the act, entitled “An act regulating foreign coins, and for other purposes." § 1. Be it enacted, &c. That the second section of an act entitled "An act regulating foreign coins, and for other purposes," be, suspended un- and same is hereby, suspended for and during the space of three years, from and after the first day of January, one thousand 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.] Obsolete. The provis ions of the act of 7th June, 1794, extended to the wid ows, &c. of officers, &c. who have CHAP. [32.] An act to provide for the widows and orphans of certain deceased officers. 1. Be it enacted, &c. That the provisions for widows and orphans of commissioned officers of troops of the United States, contained in the first section of the law passed on the seventh day of June, one thousand seven hundred and ninety-four, entitled "An act in addition to the act making further and more effectual provision for the protection of the frontiers of the died by reason United States," be, and the same are hereby, extended to the of wounds re- 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.] ceived since 4th March, 1789. Vol. i. p. 360. Provided application bemade within two years. Lighthouse to be erected on Eaton's neck. CHAP. [33.] An act for the erection of a lighthouse, and placing buoys, at the several places therein mentioned. § 1. Be it enacted, &c. That as soon as 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 light house, 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 per sons who may be appointed by the president for the superintend- Salary and ence and care of building the said lighthouse and the president appointment is hereby authorized to make the said appointments. of the super intendent for placed near § 2. That the secretary of the treasury be authorized and di- building, &c. rected to cause to be placed six buoys on the shoals called the Buoys to be east and west banks, and the middle ground, near Sandy Hook, Sandy Hook, off the harbor of New York, and two buoys on the north and Goat Island, south points of Goat Island, near the entrance of the harbor of and NantuckNewport, in the state of Rhode Island: and also, to cause to be placed such number of buoys as may be necessary for the secu rity of the navigation in and near the harbor of Nantucket, in the state of Massachusetts. 3. That there be appropriated and paid, out of the moneys arising from the duties on imports and tonnage, a sum not ex. ceeding thirteen thousand two hundred and fifty dollars, for the purposes aforesaid. [Approved, March 14, 1793.] CHAP. [34.] An act providing the means of intercourse between the United States and foreign nations. et. 13,250 dolls. appropriated for the pur poses of this act. thorized to annually, for support of agents in for. eign parts. Outfit equal to one year's salary. Expired. Vol. i. p. 789. § 1. Be it enacted, &c. That the president of the United States Pre ident aushall be, and he hereby is, authorized to draw from the treasury draw from the of the United States a sum, not exceeding forty thousand dollars treasury 40,annually, to be paid out of the moneys arising from the duties 000 dollars 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 amount of one year's full salary to the minister plenipotentiary, or charge des affairs, to whom the same may be allowed, the president shall not allow to any minister plenipotentiary a greater sum than at the rate of nine thousand Salary of midollars per annum, as a compensation for all his personal ser- nister plenipo vices and expenses; nor a greater sum, for the same, than four- tentiary, 9,000 dolls. per ann. thousand five hundred dollars per annum to a charge des af- 4,500 dolls, to faires; nor a greater sun, for the same, than one thousand three a charge des hundred and fifty dollars per annum to the secretary of any affaires. nister plenipotentiary. § 2. That in all cases where any sum or sums of money have minister. issued, or shall hereafter issue, from the treasury, for the pur- The president poses of intercourse or treaty with foreign nations, in pursuance al settlement of any law, the president shall be, and he hereby is, authorized for moneys isto cause the same to be duly settled, annually, with the account ing officers 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 counting for expenditures, causing the secretary of state to make a certificate or certifi- &c. cates, 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. mi § 3. That, for defraying the expenses of intercourse between the United States and foreign nations, during the year one thouVOL. I. 62 1,350 to the Secretary of a to cause annu sued for purreign inter poses of fo course. Manner of ac Further appro priation of 28,650 dolls. for expenses of course. foreign inter- sand seven hundred and ninety-eight, there be further appropriated, in addition to the aforesaid sum of forty thousand dollars, and out of any moneys in the treasury of the United States not otherwise appropriated, the sum of twenty-eight thousand six hundred and fifty dollars. Limitation of this act to the 14th May, 1800. Repealed. Vol. ii. p. 845. Deduction on the purchase of stamped paper, &c. where the du ties amount to ten dollars, or upwards. Vol. i. p. 476. The price of the vellum or parchment to be paid, in ad dition to the duty; to be fixed by the secretary of the treasury. Persons bringing vellum, parchment,&c. § 4. That the act passed on the first day of July, in the year one thousand seven hundred and ninety, entitled "An act providing the means of intercourse between the United States and foreign nations," and the act passed on the ninth day of Febru ary, in the year one thousand seven hundred and ninety three, entitled "An act to continue in force for a limited time, and amend the act, entitled "An act providing the means of inter"course between the United States and foreign nations," shall be, and they hereby are, repealed. § 5. That this act shall be and remain in force until the end of the first session of the sixth congress, and no longer. [Approved, March 19, 1798.] CHAP. [37.] An act to amend the act, entitled "An act laying duties on stamped vellum, parchment, and paper." § 1. Be it enacted, &c. That whenever any person, other than officers employed in collecting the revenue of the United States, shall apply to any supervisor or inspector of the said revenue, at the office of such supervisor or inspector, for the purchase, at one time, of any quantity of vellum, parchment, or paper, stamped and marked in the manner directed by the act, entitled "An act laying duties on stamped vellum, parchment, and paper,' the whole amount of the duties on which quantity shall be ten dollars, or upwards, such supervisor or inspector shall be, and hereby is, authorized and required to deliver to such person, such quantity of vellum, parchment, or paper, stamped as aforesaid, the said person paying down the amount of the said duties, after deducting there from seven and one half per centum on such amount; which deduction the said supervisor or inspector is hereby authorized and required to allow. § 2. That whenever any stamped vellum, or parchment, shall be applied for, and delivered, in the manner aforesaid, the said purchaser, in order to become entitled to the aforesaid deduction, shall pay to the said supervisor, or inspector, in addition to the amount of the said duties, a reasonable rate for and on account of the price of the said vellum, or parchment, which rate the secretary of the treasury is hereby authorized and required to fix, as nearly as may be, according to the actual cost of those articles. § 3. That whenever any person, other than officers employed in the collection of the revenue of the United States, shall bring. to be stamped, any vellum, parchment, or paper, to be stamped, in the manner &c. also enti- directed by the aforesaid act, in any quantity, at one time, the whole amount of the duties for stamping which shall be ten dollars, or upwards, the officer stamping such vellum, parchment, or paper, pursuant to the directions of the said act, shall be, and hereby is, authorized and required to make to such person the same allowance and deduction on the amount of the said duties, tled to a deduction, &c. as is directed by the first section of this act, to be made in the cases therein mentioned. under the act to no other charge but the the treasury § 4. That the stamped paper, required by the aforesaid act to Stamped pabe furnished to the citizens of the United States, by the treasu- per, furnished ry department, shall be furnished at the rate of duty provided by of 6th July, that act, without any additional charge on account of the price 1797, subject of paper, or any other expense, any thing in the said act to the contrary notwithstanding; and that all paper for the purposes duty, &c. aforesaid, shall be furnished at the expense of the United States, by the secretary of the treasury department, who is hereby au- Secretary of thorized to employ, annually, a sufficient sum for that purpose, authorized to and for the necessary purchase of vellum and parchment, out of employ a suffi any moneys in the treasury of the United States, not otherwise cient sum for appropriated Provided always, That nothing herein contained the purchase shall be so construed as to require the treasury department to The price of of paper, &c. furnish any stamped vellum, or parchment, without an addition- vellum and alicharge for the price of those materials, over and above the parchment to duty on the stamp; which price, in all cases where stamped vel dition to the be paid, in adlum, or parchment, shall be furnished, the secretary of that de- duties, &c. partment is hereby authorized and required to fix, as nearly as The secretary may be, according to the actual cost of those articles, respec- to fix the price. tively. 5. That so much of the aforesaid act as relates to stamp du- Stamp duties ties on "any certificate or debenture for drawback of customs repealed; and or duties," shall be, and the same is hereby, repealed; and that, in lieu thereof, in lieu of the said stamp duties, one fourth per centum on the collectors to amount of all drawbacks allowed by law on the exportation of goods, wares, and merchandise, imported, shall be retained for the drawbacks. use of the United States, by the collectors paying such drawbacks; Vol. i. p. 117. and in addition to the sum of one per centum, directed to be so retained by the act, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandises, imported into the United States, and on the tonnage of ships or vessels." [Approved, March 19, 1798.] CHAP. [38.] An act declaring the consent of congress to an act of the Commonwealth of Massachusetts. 1. Be it enacted, &c. That the consent of congress be, and hereby is, granted and declared to the operation of an act of the legislature of the commonwealth of Massachusetts, made and passed the second day of February, one thousand seven hundred and ninety-eight, entitled "An act to incorporate Tobias Lord, Oliver Keating, Thatcher Godard, and others, for the purpose of keeping in repair a pier, at the mouth of Kennebunk river, and to grant them a duty for reimbursing the expense of erecting the same." [Approved, March 27, 1798.] of the treasury on debentures retain 1-4th per cent. on The consent of congress gran ted to the act, and for the purposes, mentioned. CHAP. [39.] An act declaring the consent of congress to an act of the state of Ma- Expired. ryland, passed the twenty-eighth of December, one thousand seven hundred and Voi. i. p. 813. ninety-three, for the appointment of a health officer. The consent of § 1. Be it enacted, &c. That the consent of congress be, and congress grans hereby, granted and declared to the operation of an act of the ted to the act, general assembly of Maryland,- passed the twenty-eighth of De- and for the purpose, mentioned. |