Acts of Congress. plat and survey thereof returned by the surveyor general. SEC. 2. And be it further enacted, That it shall be lawful for the proprietors or holders of warrants for military services, which have been, or shall be, registered at the Treasury, in pursuance of the act entitled "An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," during the time, in the manner, and according to the rights of priority, which may be acquired in pursuance of said act, to locate the quantities of land mentioned in the warrants by them, respectively, registered, as aforesaid, on any quarter township or fractional part of a quarter township, in the general tract mentioned and described in said act: Provided, always, That the fractional quarter townships upon the river Sciota and those upon the river Muskingum, adjoining the grant made to Ebenezer Zane, or the towns Salem, Gnadenhutten, or Shoenbrun, or the Indian boundary line, shall in every case be accepted and taken in full satisfaction for four thousand acres. War, fifty quarter townships, of the lands remaining unlocated, which quarter townships, together with the fractional parts of townships remaining unlocated, shall be reserved for satisfying warrants granted to individuals for their military services, in the manner hereafter provided. SEC. 6. And be it further enacted, That the land in each of the quarter townships designated as aforesaid, and in such of the fractional parts of quarter townships, as may then remain unlocated, shall be divided by the Secretary of the Treasury, upon the respective plats thereof, as returned by the surveyor general, into as many lots, of one hundred acres each, as shall be equal, as nearly as may be, to the quantity such quarter township or fraction is stated to contain; each of which lots shall be included, where practicable, between parallel lines, one hundred and sixty perches in length, and one hundred perches in width, and shall be designated, by progressive numbers, upon the plat or survey of every such quarter township and fraction respectively. SEC. 7. And be it further enacted, That, from and after the sixteenth day of March, it shall be SEC. 3. And be it further enacted, That when- lawful for the holder of any warrant granted for ever locations shall be made on any quarter town- military services, to locate at any time before the ship, which, according to the actual survey and first day of January, one thousand eight hundred plat thereof, returned by the surveyor general, is and two, the number of hundred acres expressed in stated to contain less than the quantity of four such warrant, on any lot or lots, from time to time, thousand acres, except in the case of fractions remaining unlocated within the tracts reserved provided for in the preceding section, it shall be as aforesaid, and upon surrendering such warrant lawful for the Secretary of the Treasury to issue, to the Treasury, the holder thereof shall be entior cause to be issued, certificates expressing the tled to receive a patent, in the manner and upon number of acres remaining unsatisfied of any re- the conditions heretofore prescribed by law; which gistry of warrants for the quantity of four thou- patent shall, in every case, express the range, townsand acres, made in pursuance of the act before ship, quarter township, or fraction, and number of recited, which certificates shall have the same va- the lot located as aforesaid; but no location shall lidity and effect, and be liable to be barred in like be allowed, nor shall any patent be issued for any manner as warrants granted for military services, lot or lots of one hundred acres, except in the but no certificate shall be granted, nor any claim name of the person originally entitled to such allowed for less than fifty acres, nor for the navi- warrant, or the hejr or heirs of the person so engable water contained within the limits of any titled; nor shall any land so located and patented quarter township or fractional quarter township. to a person originally entitled to such warrant, be SEC. 4. And be it further enacted, That when considered as in trust for any purchaser, or be subever a location shall be made on any quarter town-ject to any contract made before the date of such ship, which, according to the actual survey and plat thereof, returned by the surveyor general, is stated to exceed the quantity of four thousand acres, no patent shall be issued in pursuance thereof, until the person making such location shall deposit at the Treasury warrants for military services, or certificates issued by virtue of the preceding section, equal to the excess above four thousand acres, contained in such quarter township, or shall pay into the Treasury of the United States two dollars per acre, in the certificates of the six per cent. funded debt of the United States, or money, for each acre of the excess above four thousand acres as aforesaid. SEC. 5. And be it further enacted, That after the priority of location shall have been determined, and after the proprietors or holders of warrants for military services shall have designated the tracts by them respectively elected, it shall be the duty of the Secretary of the Treasury to designate by lot, in the presence of the Secretary of patent, and the title to lands acquired, in conse quence of patents issued as aforesaid, shall and may be alienated in pursuance of the laws, which have been, or shall be, passed in the Territory of the United States Northwest of the river Ohio, for regulating the transfer of real property, and not otherwise. SEC. 8. And be it further enacted, That in all cases, after the sixteenth of March next, where more than one application is made for the same tract, at the same time, under this act, or under the act to which this is in addition, the Secretary of the Treasury shall determine the priority of location by lot. SEC. 9. And be it further enacted, That it shall be the duty of the Secretary of the Treasury to advertise the tracts which may be reserved for location, in lots of one hundred acres, in one newspaper in each of the States, and in the territory aforesaid, for and during the term of three months. SEC. 10. And be it further enacted, That the Acts of Congress. actual plat and survey, returned by the surveyor general, of quarter townships, and fractional parts of quarter townships, contained in the tract mentioned and described in the act to which this is a supplement, shall be considered as final and conclusive, so far as relates to the quantity of land supposed to be contained in the quarter townships and fractions, so that no claim shall hereafter be set up against the United States by any proprietor or holder of warrants for military services, on account of any deficiency in the quantity of land contained in the quarter township, or fractional part of a quarter township, which shall have been focated by such proprietor or holder, nor shall any claim be hereafter set up by the United States against such proprietor or holder on account of any excess in the quantity of land contained therein. Approved, March 1, 1800. An Act providing for salvage in cases of recapture. Be it enacted, &c., That when any vessel other than a vessel of war or privateer, or when any goods which shall hereafter be taken as prize by any vessel, acting under authority from the Government of the United States, shall appear to have before belonged to any person or persons, resident within or under the protection of the United States, and to have been taken by an enemy of the United States, or under authority, or pretence of authority, from any Prince, Government, or State, against which the United States have authorized, or shall authorize defence or reprisals, such vessel or goods not having been condemned as prize by competent authority before the recapture thereof, the same shall be restored to the former owner or owners thereof, he or they paying for and in lieu of salvage, if retaken by a public vessel of the United States, one-eighth part, and if retaken by a private vessel of the United States, one-sixth part of the true value of the vessel or goods so to be restored, allowing and excepting all imposts and public duties to which the same may be liable. And if the vessel so retaken shall appear to have been set forth and armed as a vessel of war, before such capture or afterwards, and before the retaking thereof as aforesaid, the former owner or owners, on the restoration thereof, shall be adjudged to pay, for and in lieu of salvage, one moiety of the true value of such vessel of war or privateer. SEC. 2. And be it further enacted, That when any vessel or goods, which shall hereafter be taken as prize, by any vessel acting under authority from the Government of the United States, shall appear to have before belonged to the United States, and to have been taken by an enemy of the United States, or under authority, or pretence of authority, from any Prince, Government, or State, against which the United States have authorized, or shall authorize defence or reprisals, such public vessel not having been condemned as prize by competent authority before the recapture thereof, the same shall be restored to the United States. And for and in lieu of salvage, there shall be paid from the Treasury of the United States, pursuant to the final decree which shall be made in such case by any court of the United States, having competent jurisdiction thereof, to the parties who shall be thereby entitled to receive the same, for the recapture as aforesaid, of an unarmed vessel, or any goods therein, one-sixth part of the true value thereof, when made by a private vessel of the United States, and one-twelfth part of such value when the recapture shall be made by a public armed vessel of the United States; and for the recapture as aforesaid of a public armed vessel, or any goods therein, one moiety of the true value thereof, when made by a private vessel of the United States, and one-fourth part of such value, when such recapture shall be made by a public armed vessel of the United States. SEC. 3. And be it further enacted, That when any vessel or goods which shall be taken as prize as aforesaid, shall appear to have belonged to any person or persons permanently resident within the territory, and under the protection of any foreign Prince, Government, or State, in amity with the United States, and to have been taken by an enemy of the United States, or by authority or pretence of authority from any Prince, Government, or State, against which the United States have authorized, or shall authorize, defence or reprisals, then such vessel or goods shall be adjudged to be restored to the former owner or owners thereof, he or they paying, for and in lieu of salvage, such proportion of the true value of the vessel or goods so to be restored, as by the law or usage of such Prince, Government, or State, within whose territory such former owner or owners shall be so resident, shall be required on the restoration of any vessel or goods of a citizen of the United States, under like circumstances of recapture, made by the authority of such foreign Prince, Government, or State; and where no such law or usage shall be known, the same salvage shall be allowed as is provided by the first section of this act: Provided, That no such vessel or goods shall be adjudged to be restored to such former owner or owners, in any case where the same shall have been, before the recapture thereof, condemned as prize by competent authority, nor in any case whereby the law or usage of the Prince, Government, or State, within whose territory such former owner or owners shall be resident as aforesaid, the vessel or goods of a citizen of the United States, under like circumstances of recapture, would not be restored to such citizen of the United States: Provided, also, That nothing herein shall be construed to contravene or alter the terms of restoration in cases of recapture, which are or shall be agreed on in any treaty between the United States and any foreign Prince, Government, or State. SEC. 4. And be it further enacted, That all sums of money which may be paid for salvage, as aforesaid, when accruing to any public armed vessel, shall be divided to and among the commanders, officers, and crew thereof, in such proportions as are or may be provided by law, respecting the distribution of prize money: And when accruing to Acts of Congress. throughout the United States. any private armed vessel, shall be distributed to An Act to establish an uniform system of Bankruptcy and among the owners and company concerned in such recapture according to their agreements, if any such there be; and in case there be no such agreement, then to and among such persons, and in such proportions, as the court having jurisdiction thereof shall appoint. SEC. 5. And be it further enacted. That such parts of any acts of Congress of the United States, as respect the salvage to be allowed in cases of recapture, shall be, and are hereby, repealed, except as to cases of recapture made before the passing of this act. Approved, March 3, 1800. An Act declaring the assent of Congress to certain Be it enacted, &c. That, from and after the first day of June next. if any merchant. or other person, residing within the United States, actually using the trade of merchandise, by buying and selling in gross, or by retail, or dealing in exchange, or as a banker, broker, factor, underwriter, or marine insurer, shall, with intent unlawfully to delay or defraud his or their creditors, depart from the State in which such person usually resides, or remain absent therefrom, or conceal him or herself therein, or keep his or her house, so that he or she cannot be taken, or served with process, or willingly or fraudulently procure him or herself to be arrested, or his or her lands, goods, money or chattels to be attached, sequestered, or taken in acts of the States of Maryland and Georgia. execution, or shall secretly convey his or her Be it enacted, &c., That the consent of Congress goods out of his or her house, or conceal them to be, and hereby is, granted to the operation of an act of the General Assembly of the State of Ma- prevent their being taken in execution. or make, or cause to be made, any fraudulent conveyance ryland, passed on the twenty-sixth day of De- of his or her lands, or chattels, or make or admit cember, one thousand seven hundred and ninety- any false or fraudulent security, or evidence of one, entitled "An act empowering the wardens of debt, or being arrested for debt, or having surrenthe port of Baltimore to levy and collect the duty dered him or herself in discharge of bail, shall retherein mentioned," and also to so much of an act main in prison two months, or more, or escape of the State of Georgia, passed February the therefrom, or whose lands or effects being attachtenth, one thousand seven hundred and eighty-ed by process issuing out of, or returnable to, any seven, entitled "An act for regulating the trade, laying duties on all goods, wares, liquors, merchandise, and negroes, imported into this State; and, also, an impost on the tonnage of shipping, and for other purposes therein mentioned," as authorizes a duty of three pence per ton on all shipping entering the port of Savannah, to be set apart as a fund for clearing the river Savannah. SEC. 2. And be it further enacted, That this act shall be, and continue in force until the third day of March, one thousand eight hundred and eight, and no longer. Approved. March 17, 1800. court of common law, shall not, within two months after written notice thereof, enter special bail and dissolve the same, or in districts in which attachments are not dissolved by the entry of special bail, being arrested for debt after his or her lands and effects, or any part thereof, have been attached for a debt or debts amounting to one thousand dollars or upwards, shall not, upon notice of such attachment, give sufficient security for the payment of what may be recovered in the suit in which he or she shall be arrested, at or before the return day of the same, to be approved by the judge of the district, or some judge of the court out of which the process issued upon which he is arrested, or to which the same shall be returnable, every such person shall be deemed and adjudged a bankrupt: Provided, That no person shall be liable to a commission of bankruptcy, if the petition be not preferred, in manner hereinafter directed, within six months after the act of bankruptcy committed. SEC. 2. And be it further enacted, That the judge of the district court of the United States, for the district where the debtor resides, or usually resided at the time of committing the act of bankruptcy, upon petition, in writing, against such person or persons being bankrupt, to him to be exhib ited by any one creditor, or by a greater number, being partners, whose single debt shall amount to one thousand dollars, or by two creditors, whose debts shall amount to one thousand five hundred dollars, or by more than two creditors, whose debts shall amount to two thousand dollars, shall have power, by commission under his hand and seal, to appoint such good and substantial persons, being citizens of the United States, and resident in such district, as such judge shall deem proper, not exceeding three, to be commissioners of the said bankrupt. and in case of vacancy or refusal to Acts of Congress. act, to appoint others, from time to time, as occa- commission which shall be taken out as aforesaid, and which shall not be proceeded in as aforesaid, within thirty days thereafter, may be superseded by the said judge, who shall have granted the same, upon the application of the party thereby charged as a bankrupt, or of any creditor of such person, unless the delay shall have been unavoidable, or upon a just occasion. SEC. 4. And be it further enacted, That the commissioners so to be appointed, shall have power forthwith, after they have declared such person a bankrupt, to cause to be apprehended, by warrant under their hands and seals, the body of such bankrupt, wheresoever to be found, within the United States: Provided, They shall think that there is reason to apprehend that the said bankrupt intends to abscond or conceal him or herself, and in case it be necessary, in order to take the body of the said bankrupt, shall have power to cause the doors of the dwelling-house of such bankrupt to be broken, or the doors of any other house in which he or she shall be found. SEC. 5. And be it further enacted, That it shall be the duty of the commissioners so to be appointed, forthwith after they have declared such person SEC. 3. And be it further enacted, That, before a bankrupt, and they shall have power to take the commissioners shall be capable of acting, they into their possession, all the estate, real and pershall respectively take and subscribe the following sonal, of every nature and description, to which oath or affirmation, which shall be administered the said bankrupt may be entitled, either in law by the judge issuing the commission, or by any of or equity, in any manner whatsoever, and cause the judges of the Supreme Court of the United the same to be inventoried and appraised to the States, or any judge, justice, or chancellor of any best value, (his or her necessary wearing apparel, State court, and filed in the office of the clerk of and the necessary wearing apparel of the wife the district court: "I, A B, do swear, or affirm, and children, and necessary beds and bedding of that I will faithfully, impartially, and honestly, such bankrupt, only excepted,) and, also, to take according to the best of my skill and knowledge, into their possession, and secure, all deeds and execute the several powers and trusts reposed in books of account, papers, and writings, belonging me, as a commissioner in a commission of bank- to such bankrupt; and shall cause the same to be ruptcy against, and that without favor or af- safely kept, until assignees shall be chosen or apfection, prejudice or malice." And the commis-pointed, in manner hereafter provided. sioners, who shall be sworn as aforesaid, shall pro- SEC. 6. And be it further enacted, That the said ceed, as soon as may be, to execute the same; and. commissioners shall, forthwith after they have deupon due examination, and sufficient cause ap-clared such person a bankrupt, cause due and suffipearing against the party charged, shall and may declare him or her to be a bankrupt: Provided, That before such examination be had, reasonable notice thereof, in writing, shall be delivered to the person charged as a bankrupt; or if he, or she, be not found at his or her usual place of abode, to some person of the family above the age of twelve years, or, if no such person appear, shall be fixed at the front or other public door of the house, in which he or she usually resides, and thereupon it shall be in the power of such person, so charged as aforesaid, to demand before, or at the time appointed for such examination, that a jury be empannelled to inquire into the fact or facts alleged as the causes for issuing the commission, and on such demand being made, the inquiry shall be had before the judge granting the commission, at such time as he may direct, and in that case such person shall not be declared bankrupt, unless, by the verdict of the jury, he or she shall be found to be within the description of this act, and shall be convicted of some one of the acts described in the first section of this act: Provided, also, That any cient public notice thereof to be given, and in such notice shall appoint some convenient time and place for the creditors to meet, in order to choose an assignee or assignees of the said bankrupt's estate and effects; at which meeting the said commissioners shall admit the creditors of such bankrupt to prove their debts; and where any creditor shall reside at a distance from the place of such meeting, shall allow the debt of such creditor to be proved by oath or affirmation, made before some competent authority, and duly certified, and shall permit any person duly authorized by letter of attorney from such creditor, due proof of the execution of such letter of attorney being first made, to vote in the choice of an assignee or assignees of such bankrupt's estate and effects, in the place and stead of such creditor: And the said commissioners shall assign, transfer, or deliver over, all and singular the said bankrupt's estate and effects aforesaid, with all muniments and evidences thereof, to such person or persons as the major part, in value, of such creditors, according to the several debts then proved, shall choose as Acts of Congress. aforesaid: Provided always, That in such choice, no vote shall be given by, or in behalf of, any creditor whose debt shall not amount to two hundred dollars. SEC. 7. Provided always, and be it further enacted, That it shall be lawful for the said commissioners, as often as they shall see cause, for the better preserving and securing the bankrupt's estate, before assignees shall be chosen as aforesaid, immediately to appoint one or more assignee or assignees of the estate and effects aforesaid, or any part thereof; which assignee or assignees aforesaid, or any of them, may be removed at the meeting of the creditors, so to be appointed as aforesaid, for the choice of assignees, if such creditors, entitled to vote as aforesaid, or the major part, in value, of them, shall think fit; and such assignee or assignees as shall be so removed, shall deliver up all the estate and effects of such bankrupt, which shall have come to his or their hands or possession, unto such other assignee or assignees as shall be chosen by the creditors as aforesaid; and all such estate and effects shall be, to all intents and purposes, as effectually and legally vested in such new assignee or assignees, as if the first assignment had been made to him or them, by the said commissioners; and if such first assignee or assignees shall refuse or neglect, for the space of ten days next after notice, in writing, from such new assignee or assignees, of their appointment, as aforesaid, to deliver over as aforesaid, all the estate and effects as aforesaid, every such assignee or assignees, shall, respectively, forfeit a sum not exceeding five thousand dollars, for the use of the creditors, and shall moreover be liable for the property so detained. SEC. 9. And be it further enacted, That whenever a new assignee or assignees shall be chosen. as aforesaid, no suit at law or in equity shall be thereby abated; but it shall and may be lawful for the court in which any suit may depend, upon the suggestion of a removal of a former assignee or assignees, and of the appointment of a new assignee or assignees, to allow the name of such new assignee or assignees to be substituted in place of the name or names of the former assignee or assignees, and thereupon the suit shall be prosecuted in the name or names of the new assignee or assignees, in the same manner as if he or they had originally commenced the suit in his or their own names. SEC. 10. And be it further enacted, That the assignment or assignments of the commissioners of the bankrupt's estate and effects as aforesaid, made as aforesaid, shall be good at law or in equity, against the bankrupt; and all persons claiming by, from, or under, such bankrupt, by any act done at the time, or after he shall have committed the act of bankruptcy, upon which the commission issued: Provided always, That in case of a bona fide purchase made before the issuing of the commission from or under such bankrupt, for a valuable consideration, by any person having no knowledge, information, or notice, of any act of bankruptcy committed, such purchase shall not be invalidated or impeached. SEC. 11. And be it further enacted, That the said commissioners shall have power, by deed or deeds, under their hands and seals, to assign and convey to the assignee or assignees, to be appointed or chosen as aforesaid, any lands, tenements, or hereditaments, which such bankrupt shall be seized of, or entitled to, in fee tail, at law, or in the benefit of the creditors; and all such deeds, being duly executed and recorded, according to the laws of the State within which such lands, tenements, or hereditaments may be situate, shall be good and effectual against all persons whom the said bankrupt, by common recovery, or other means, might or could bar of any estate, right, title, or possibility, of or in the said lands, tenements, or hereditaments. SEC. 8. And be it further enacted, That at any time, previous to the closing of the accounts of the said assignee or assignees so chosen as afore-equity, in possession, remainder, or reversion, for said, it shall be lawful for such creditors of the bankrupt, as are hereby authorized to vote in the choice of assignees, or the major part of them, in value, at a regular meeting of the said creditors, to be called for that purpose, by the said commissioners, or by one-fourth, in value, of such creditors, to remove all or any of the assignees chosen as aforesaid, and to choose one or more in his or their place and stead; and such assignee or assignees as shall be so removed, shall deliver up all the estate and effects of such bankrupt, which shall have come into his or their hands or possession, unto such new assignee or assignees as shall be chosen by the creditors at such meeting; and all such estate and effects shall be, to all intents and purposes, as effectually and legally vested in such new assignee or assignees, as if the first assignment had been made to him or them, by the said commissioners: And if such former assignee or assignees shall refuse or neglect, for the space of ten days next after notice, in writing, from such new assignee or assignees, of their appointment, as aforesaid, to deliver over, as aforesaid, all the estate and effects aforesaid, every such former assignee or assignees, shall, respectively, forfeit a sum not exceeding five thousand dollars, for the use of the creditors. and shall moreover be liable for the property so detained. SEC. 12. And be it further enacted, That if any bankrupt shall have conveyed or assured any lands. goods, or estate, unto any person, upon condition or power of redemption, by payment of money or otherwise, it shall be lawful for the commissioners, or for any person by them duly authorized for that purpose, by writing, under their hands and seals, to make tender of money or other performance, according to the nature of such condition, as fully as the bankrupt might have done; and the commissioners, after such performance or tender, shall have power to assign such lands, goods, and estate, for the benefit of the creditors, as fully and effectually as any other part of the estate of such bankrupt. SEC. 13. And be it further enacted, That the commissioners aforesaid shall have power to assign, for the use aforesaid, all the debts due to such bankrupt, or to any other person for his or her use |