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Acts of Congress.
plat and survey thereof returned by the surveyor War, fifty quarter townships, of the lands remaingeneral.
ing unlocated, which quarter townships, together Sec. 2. And be it fnrther enacted, That it shall with the fractional parts of townships remaining be lawful for the proprietors or holders of war- unlocated, shall be reserved for satisfying warrants for military services, which have been, or rants granted to individuals for their military sershall be, registered at the Treasury, in pursuance vices, in the manner hereafter provided. of the act entitled "An act regulating the grants Sec. 6. And be it further enacted, That the of land appropriated for military services, and for land in each of the quarter townships designated the Society of the United Brethren for propaga- as aforesaid, and in such of the fractional parts of ting the Gospel among the Heathen," during the quarter townships, as may then remain unlocated, time, in the manner, and according to the rights shall be divided by the Secretary of the Treasury, of priority, which may be acquired in pursuance upon the respective plats thereof, as returned by of said act, to locate the quantities of land men- the surveyor general, into as many lots, of one tioned in the warrants by them, respectively, re- hundred acres each, as shall be equal, as nearly as gistered, as aforesaid, on any quarter township or may be, to the quantity such quarter township or fractional part of a quarter township, in the gen- fraction is stated to contain ; each of which lots eral tract mentioned and described in said act: shall be included, where practicable, between Provided, always, That the fractional quarter parallel lines, one hundred and sixty perches in townships upon the river Sciota and those upon length, and one hundred perches in width, and the river Muskingum, adjoining the grant made to shall be designated, by progressive numbers, upon Ebenezer Zane, or the towns Salem, Gnadenhut- the plat or survey of every such quarter township ten, or Shoenbrun, or the Indian boundary line, and fraction respectively. shall in every case be accepted and taken in full Sec. 7. And be it further enacted, That, from satisfaction for four thousand acres.
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 aod 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 loi 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 heir 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 aciual survey and patent, and the title to lands acquired, in conseplat thereof, returned by the surveyor general, is quence of patents issued as aforesaid, shall and stated to exceed the quantity of four thousand may be alienated in pursuance of the laws, which acres, no patent shall be issued in pursuance have been, or shall be passed in the Territory of thereof, until the person making such location the United States Northwest of the river Ohio, shall deposit at the Treasury warrants for mili- for regulating the transfer of real property, and tary services, or certificates issued by virtue of the not otherwise. preceding section, equal to the excess above four Sec. 8. And be it further enacted, That in all thousand acres, contained in such quarter town- cases, after the sixteenth of March next, where ship, or shall pay into the Treasury of the United more than one application is made for the same States two dollars per acre, in the certificates of tract, at the same time, under this act, or under the six per cent. funded debi of the United States, the act to which this is in addition, the Secretary or money, for each acre of the excess above four of the Treasury shall determine the priority of thousand acres as aforesaid.
location by lot. Sec. 5. And be it further enacted, That after Sec. 9. And be it further enacted, That it shall the priority of location shall have been determined, be the duty of the Secretary of the Treasury to and after the proprietors or holders of warrants advertise the tracts which may be reserved for for military services shall have designated the location, in lots of one hundred acres, in one newstracts by them respectively elected, it shall be paper in each of the States, and in the territory the duty of the Secretary of the Treasury to de- aforesaid, for and during the term of three months. signate by lot, in the presence of the Secretary of Sec. 16. And be it further enacted. That the
Acts of Congress.
actual plat and survey, returned by the surveyor from the Treasury of the United States, pursuant general, of quarter townships, and fractional parts to the final decree which shall be made in such of quarter townships, contained in the tract men case by any court of the United States, having tioned and described in the act to which this is a compeient jurisdiction thereof, to the parties who supplement, shall be considered as final and con- shall be thereby entitled to receive the same, for clusive, so far as relates to the quantity of land the recapture as aforesaid, of an unarmed vessel, supposed to be contained in the quarter townships or any goods therein, one-sixth part of the true and fractions, so that no claim shall hereafter be value thereof, when made by a private vessel of set up against the United States by any proprie- the United States, and one-iwelfth part of such tor or holder of warrants for military services, on value when the recapture shall be made by a pubaccount of any deficiency in the quantity of land lic armed vessel of the United States; and for the contained in the quarter township, or fractional recapture as aforesaid of a public armed vessel, or part of a quarter township, which shall have been any goods therein, one moiety of the true value located by such proprietor or holder, nor shall thereof, when made by a private vessel of the any claim be hereafter set up by the United States United States, and one-fourth part of such value, against such proprietor or holder on account of when such recapture shall be made by a public any excess in the quantity of land contained armed vessel of the United States. therein.
Sec. 3. And be it further enacted, That when Approved, March 1, 1800.
any vessel or goods which shall be taken as prize
as aforesaid, shall appear to have belonged to any An Act providing for salvage in cases of recapture.
person or persons permanently resident within the
territory, and under the protection of any foreign Be it enacted, f-c., That when any vessel other Prince, Government, or Stale, in amity with the than a vessel of war or privateer, or when any United States, and to have been taken by an goods which shall hereafter be taken as prize by enemy of the United States, or by authority or any vessel, acting under authority from the Gov- pretence of authority from any Prince, Governernment of the United States, shall appear to have ment, or State, against which the United States before belonged to any person or persons, resident have authorized, or shall authorize, defence or rewithin or under the protection of the United prisals
, then such vessel or goods shall be adjudged States, and to have been taken by an enemy of to be restored to the former owner or owners the United States, or under authority, or pretence thereof, he or they paying, for and in lieu of salof authority, from any Prince, Government, or vage, such proportion of the true value of the vesState, against which the United States have au- sel or goods so to be restored, as by the law or thorized, or shall authorize defence or reprisals, usage of such Prince, Government, or State, within such vessel or goods not having been condemned whose territory such former owner or owners shall as prize by competent authority before the recap- be so resident, shall be required on the restoration ture thereof, the same shall be restored to the of any vessel' or goods of a citizen of the United former owner or owners thereof, he or they pay- States, under like circumstances of recapture, ing for and in lieu of salvage, if retaken by a pub- made by the authority of such foreign Prince, lic vessel of the United States, one-eighth part, and Government, or State; and where no such law if retaken by a private vessel of the United States, or usage shall be known, the same salvage shall one-sixth part of the true value of the vessel or be allowed as is provided by the first section of goods so to be restored, allowing and excepting this act: Provided, That no such vessel or goods all imposts and public duties to which the same shall be adjudged to be restored to such former inay be liable. And if the vessel so retaken shall owner or owners, in any case where the same appear to have been set forth and armed as a ves- shall have been, before the recapture thereof, consel of war, before such capture or afterwards, and demned as prize by competent authority, nor in before the retaking thereof as aforesaid, the former any case whereby the law or usage of the Prince, owner or owners, on the restoration thereof, shall Government, or State, within whose territory such be adjudged to pay, for and in lieu of salvage, one former owner or owners shall be resident as aforemoieiy of the true value of such vessel of war or I said, the vessel or goods of a citizen of the United privateer.
States, under like circumstances of recapture, Sec. 2. And be it further enacted, That when would not be restored to such citizen of the Uniany vessel or goods, which shall hereafter be taken ted States: Provided, also, That nothing herein as prize, by any vessel acting under authority from shall be construed to contravene or alter the terms the Government of the United States, shall ap- of restoration in cases of recapture, which are or pear to have before belonged to the United States, shall be agreed on in any treaty between the and to have been taken by an enemy of the Uni- United States and any foreign Prince, Governted States, or under authority, or pretence of au- ment, or State. thority, from any Prince, Government, or State, Sec. 4. And be it further enacted, That all sums against which the United States have authorized, of money which may be paid for salvage, as aforeor shall authorize defence or reprisals, such public said, when accruing to any public armed vessel, vessel not having been condemned as prize by shall be divided to and among the commanders, competent authority before the recapture thereof, officers, and crew thereof, in such proportions as the same shall be restored to the United States. are or may be provided by law, respecting the disAnd for and in lieu of salvage, there shall be paid tribution of prize money: And when accruing to
Acts of Congress. any private armed vessel, shall be distributed to An Act to establish an uniform system of Bankrupter and among the owners and company concerned in
throughout the United States. such recapture according to their agreements, if Be it enucted, &c., That, from and after the any such there be ; and in case there be no such first day of June next, if any merchant, or other agreement, then to and among such
person, residing within the United States, actually in such proportions, as the court having jurisdic- using the trade of merchandise, by buyiog and tion thereof shall appoint.
selling in gross, or by retail, or dealing in enSEC. 5. And be it further enacted, That such change, or as a banker. broker, factor, underwriter, parts of any acts of Congress of the United States, or marine insurer, shall, with intent unlawfully to as respect the salvage to be allowed in cases of delay or defraud his or their creditors. depart from recapture, shall be, and are hereby, repealed, ex- the State in which such person usually resides, or cept as to cases of recapture made before the pass- remain absent therefrom, or conceal him or hering of this act.
self therein. or keep his or her house, so that he or Approved, March 3, 1800.
she cannot be taken, or served with process, or
willingly or fraudulently procure him or herself An Act declaring the assent of Congress to certain or chattels to be attached, sequestered. or taken in
to be arrested, or his or her lands, goods, money acts of the States of Maryland and Georgia.
execution, or shall secretly convey his or her Be it enacted, fc., 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- or cause to be made, any fraudulent conveyance
prevent their being taken in execution, or make, ryland, passed on the twenty-sixth day of De- of his or her lands, or chatiels, 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, court of common law, shall not, within two laying duties on all goods, wares, liquors, merchan. months after written notice thereof, enter special dise, and negroes, imported into this State; and, bail and dissolve the same, or in districts in which also, an impost on the tonnage of shipping, and attachments are not dissolved by the entry of special for other purposes therein mentioned,” as author- bail, being arrested for debt after his or her lands izes a duty of three pence per ton on all shipping and effects, or any part thereof, have been attached entering the port of Savannah, to be set apart as for a debt or debts amounting to one thousand dola fund for clearing the river Savannah. Sec. 2. And be it further enacted, That this tachment, give sufficient security for the payment
lars or upwards, shall not, upon notice of such atact shall be, and continue in force until the third of what may be recovered in the suit in which he day of March, one thousand eight hundred and or she shall be arrested, at or before the return day eight, and no longer.
of the same, to be approved by the judge of the Approved, March 17, 1800.
district, or some judge of the court out of which
the process issued upon which he is arrested, or to An Act to alter the times of holding the District Court which the same shall be returnable, every such in North Carolina.
person shall be deemed and adjudged a bankrupt: Be it enacted, 4-c., That the sessions of the dis- Provided, That no person shall be liable to a comtrict court for the district of North Carolina shall mission of bankrupicy, if the petition be not prehereafter be holden on the first Monday in Febru- ferred, in manner hereinafter directed, within six ary, May, August, and November, annually.
months after the act of bankruptcy committed. Sec. 3. And be il further enacted, That all pro
Sec. 2. And be it further enacted, That the cess which shall have been issued, and all recog- judge of the district court of the United States, nizances returnable, and all suits and other pro- for the district where the debtor resides, or usually ceeding, which have been continued to the said resided at the time of committing the act of bankdistrict court on the first Monday in April next, ruptcy, upon petition, in writing, against such pershall be returned and held continued to the said son or persons being bankrupt, to him to be exhibcourt on the first Monday of May next.
ited by any one creditor, or by a greater number, Approved, March 19, 1800.
being partners, whose single debt shall amount to one thousand dollars, or by two creditors, whose
debts shall amount to one thousand five hundred An Act to extend the privilege of franking letters and dollars, or by more than two creditors, whose packages to Martha Washington.
debts shall amount to two thousand dollars, shall Be it enacted, foc., That all letters and packages have power, by commission under his hand and to and from Martha Washington, relict of the late seal, to appoini such good and substantial persons, General George Washington, shall be received being citizens of the United States, and resident and conveyed by post free of postage, for and dur- in such district, as such judge shall deem proper, ing her life.
not exceeding three, to be commissioners of the Approved, April 3, 1800.
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,
quire to be conditioned for the proving of his, her, commissioners so to be appointed, shall have power me or their debts, as well before the commissioners as forth with, after they have declared such person a
upon a trial at law, in case the due issuing forth of bankrupt, to cause to be apprehended, by warrant the said commission shall be contested, and also for under their hands and seals, the body of such bankproving the party a bankrupt, and to proceed on rupt, wheresoever to be found, within the United such commission, in the manner herein prescribed. States: Provided, They shall think that there is And if such debt shall not be really due, or after reason to apprehend that the said bankrupt intends such commission taken out it cannot be proved to abscond or conceal him or herself, and in case that the party was a bankrupt, then the said judge it be necessary, in order to take the body of the shall, upon the petition of the party aggrieved, in said bankrupt, shall have power to cause the doors case there be occasion, deliver such bond to the of the dwelling-house of such bankrupt to be said party, who may sue thereon, and recover such broken, or the doors of any other house in which damages, under the
penalty of the same, as, upon he or she shall be found. trial at law, he shall make appear he has sustain Sec. 5. And be it further enacted, That it shall ed, by reason of any breach of the condition be the duty of the commissioners so to be appointthereof.
ed, forth with 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 cient public notice thereof to be given, and in such declare him or her to be a bankrupt: Provided, notice shall appoint some convenient time and That before such examination be had, reasonable place for the creditors to meet, in order to choose notice thereof, in writing, shall be delivered to the an assignee or assignees of the said bankrupt's esperson charged as a bankrupt; or if he or she, be late and effects; at which meeting the said comnot found at his or her usual place of abode, to missioners shall admit the creditors of such banksome person of the family above the age of twelve rupt to prove their debts; and where any creditor years, or, if no such person appear, shall be fixed at shall reside at a distance from the place of such the front or other public door of the house, in which meeting, shall allow the debt of such creditor to he or she usually resides, and thereupon it shall be be proved by oath or affirmation, made before in the power of such person, so charged as afore- some competent authority, and duly certified, and said, to demand before, or at the time appointed shall permit any person duly authorized by letter for such examination, that a jury be empannelled of attorney from such creditor, due proof of the to inquire into the fact or facts alleged as the execution of such letter of attorney being first causes for issuing the commission, and on such made, to vote in the choice of an assignee or asdemand being made, the inquiry shall be had be- signees of such bankrupt's estate and effects, in fore the judge granting the commission, at such the place and stead of such creditor: And the time as he may direct, and in that case such per- said commissioners shall assign, transfer, or delivson shall not be declared bankrupt, unless, by the er over, all and singular the said bankrupt's estate verdict of the jury, he or she shall be found to be and effects aforesaid, with all muniments and eviwithin the description of this act, and shall be dences thereof, to such person or persons as the convicted of some one of the acts described in the major part, in value, of such creditors, according first section of this act: Provided, also, That any to the several debts then proved, shall choose as
Acts of Congress.
aforesaid: Prorided always, That in such choice, no Sec. 9. And be it further enacted, That whenvote shall be given by, or in behalf of, any creditor ever a new assignee or assignees shall be chosen. whose debt shall not amount to two hundred dollars. as aforesaid, no suit at law or in equity shall be
Sec. 7. Provided always, and be it further en- thereby abated; but it shall and may be lawsul acted, That it shall be lawful for ihe said com- for the court in which any suit may depend, upon missioners, as often as they shall see cause, for the the suggestion of a removal of a former assignee better preserving and securing the bankrupt’s es- or assignees, and of the appointment of a new astate, before assignees shall be chosen as aforesaid, signee or assignees, to allow the name of such immediately to appoint one or more assignee or new assignee or assignees to be substituted in assignees of the estate and effects aforesaid, or place of the name or names of the former assignee any part thereof; which assignee or assignees or assignees, and thereupon the suit shall be prosaforesaid, or any of them, may be removed at the ecuted in the name or names of the new assignee meeting of the creditors, so to be appointed as or assignees, in the same manner as if he or they aforesaid, for the choice of assignees, if such cred- had originally commenced the suit in his or their itors, entitled to vole as aforesaid, or the major own names. part, in value, of them, shall think fit; and such Sec. 10. And be it further enacted, That the assignee or assignees as shall be so removed, shall assignment or assignments of the commissioners deliver up all the estate and effects of such bank- of the bankrupt's estate and effects as aforesaid, rupt, which shall have come to his or their hands made as aforesaid, shall be good at law or in equior possession, unto such other assignee or assign- ty, against the bankrupt; and all persons claimees as shall be chosen by the creditors as afore- ing by, from, or under, such bankrupt, by any act said; and all such estate and effects shall be, to all done at the time, or after he shall have com siued intents and purposes, as effectually and legally the act of bankruptcy, upon which the commisvested in such new assignee or assignees, as if the sion issued: Provided always, That in case of a first assignment had been made to him or them, bona fide purchase made before the issuing of the by the said commissioners; and if such first as- commission from or under such bankrupt, for a signee or assignees shall refuse or neglect, for the valuable consideration, by any person having do space of ten days next after notice, in writing, knowledge, information, or notice, of any act of from such new assignee or assignees, of their ap- bankruptcy committed, such purchase shall not pointment, as aforesaid, to deliver over as afore- be invalidated or impeached. said, all the estate and effects as aforesaid, every Sec. 11. And be it further enacted, That the such assignee or assignees, shall, respectively, for- said commissioners shall have power, by deed or feit a sum not exceeding five thousand dollars, for deeds, under their hands and seals, to assign and the use of the creditors, and shall moreover be lia- convey to the assignee or assignees, to be appointble for the property so detained.
ed or chosen as aforesaid, any lands, tenements, Sec. 8. And be it further enacted, That at any or hereditaments, which such bankrupt shall be time, previous to the closing of the accounts of seized of, or entitled to, in fee tail, ai law, or in 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 the benefit of the creditors; and all such deeds, bankrupt, as are hereby authorized to vote in the being duly executed and recorded, according to the choice of assignees, or the major part of them, in laws of the State within which such lands, tenevalue, at a regular meeting of the said creditors, ments, or hereditaments may be situate, shall be to be called for that purpose, by the said commis- good and effectual against all persons whom the said sioners, or by one-fourth, in value, of such credi- bankrupt, by common recovery, or other means, tors, to remove all or any of the assignees chosen might or could bar of any estate, right, title, or as aforesaid, and to choose one or more in his or possibility, of or in the said lands, tenements, or their place and stead; and such assignee or as hereditaments. signees as shall be so removed, shall deliver up all SEC. 12. And be it further enacted, That if any the estate and effects of such bankrupt, which bankruptshall have conveyed or assured any lands. shall have come into his or their hands or posses- goods, or estate, unto any person, upon condition sion, unto such new assignee or assignees as shall or power of redemption, by payment of money be chosen by the creditors at such meeting; and or otherwise, it shall be lawful for the commisall such estate and effects shall be, to all intents sioners, or for any person by them duly authorand purposes, as effectually and legally vested in ized for that purpose, by writing, under their hands such new assignee or assignees, as if the first as- and seals, to make tender of money or other persignment had been made to him or them, by the formance, according to the nature of such condisaid commissioners: And if such former assignee tion, as fully as the bankrupt might have done; or assignees shall refuse or neglect, for the space and the commissioners, after such performance or of ten days next after notice, in writing, from tender, shall have power to assigo such lands, such new assignee or assignees, of their appoint- goods, and estate, for the benefit of the creditors, ment, as aforesaid, to deliver over, as aforesaid, all as fully and effectually as any other part of the the estate and effects aforesaid, every such former eslate of such bankrupi. assignee or assignees, shall, respectively, forfeit a Sec. 13. And be it further enacted, That the sum not exceeding five thousand dollars, for the commissioners aforesaid shall have power to asuse of the creditors, and shall moreover be liable sign, for the use aforesaid, all the debts due to such for the property so detained.
bankrupt, or to any other person for his or her use