Acts of Congress. had been made in the said courts. And it shall be the duty of the clerk of each and every court hereby constituted, to receive and to take into his safe-keeping the writs, process, pleas, proceedings, and papers, of all those causes and actions which, by this act, shall be transferred, returned, or continued to such court, and also all the records and office papers of every kind respectively belonging to the courts abolished by the repeal of the act, entitled "An act to provide for the more convenient organization of the courts of the United States," and from which the said causes shall have been transferred as aforesaid. SEC. 10. And be it further enacted, That all suits, process, pleadings, and other proceedings, of what nature or kind soever, depending in the circuit court in the district of Ohio, and which shall have been, or may hereafter be commenced within the Territory of the United States Northwest of the river Ohio, in the said court, shall, from and after the first day of July next, be continued over, returned, and made cognizable, in the superior court of the said Territory next thereafter to be holden, and all actions, suits, process, pleadings, and other proceedings, as aforesaid depending in the circuit court of the said district, and which shall have been or may hereafter be commenced within the Indiana Territory, in said court, shall, from and after the first day of Jnly next, be continued over, returned and made cognizable in the superior court of the said Indiana Territory, next thereafter to be holden. day of July next to discontinue all such supernumerary marshals and district attorneys of the United States in such districts, respectively, as he shall deem expedient, so that there shall be but one marshal and district attorney to each district; and every marshal and district attorney who shall be continued in office, or appointed by the President of the United States in such districts, shall have and exercise the same powers, perform the same duties, give the same bond with sureties, take the same oath, be subject to the same penalties and regulations as are, or may be prescribed by law, in respect to the marshals and district attorneys of the United States. And every marshal and district attorney who shall be so discontinued as aforesaid shall be holden to deliver over all papers, matters, and things, in relation to their respective offices, to such marshals and district attorneys, respectively, who shall be so continued or appointed as aforesaid in such district, in the same manner as is required by law in cases of resignation or removal from office. SEC. 14. And be it further enacted, That there shall be appointed by the President of the United States, from time to time, as many general commissioners of bankruptcy, in each district of the United States, as he may deem necessary; and upon petition to the judge of a district court for a commission of bankruptcy, he shall proceed as is provided in and by an act, entitled "An act to establish an uniform system of bankruptcy throughout the United States," and appoint, not exceedSEC. 11. And be it further enacted, That in all ing three of the said general commissioners as cases in which proceedings shall, on the said first commissioners of the particular bankrupt petiday of July next, be pending under a commission tioned against; and the said commissioners, toof bankruptcy issued in pursuance of the afore-gether with the clerk, shall each be allowed, as a said act, entitled "An act to provide for the more full compensation for their services, when sitting convenient organization of the courts of the Uni- and acting under their commissions, at the rate of ted States," the cognizance of the same shall be, six dollars per day for every day which they may and hereby is, transferred to, and vested in, the be employed in the same business, to be appordistrict judge of the district within which such tioned among the several causes on which they commission shall have issued, who is hereby em- may act on the same day, and to be paid out of powered to proceed therein, in the same manner the respective bankrupt's estates: Provided, That and to the same effect, as if such commission of the commissioners, who may have been, or may bankruptcy had been issued by his order. be appointed in any district before notice shall be given of the appointment of commissioners for such district by the President in pursuance of this act, and who shall not then have completed their business, shall be authorized to proceed and finish the same upon the terms of their original appointment. SEC. 12. And be it further enacted, That, from and after the first day of July next, the district judges of Kentucky and Tennessee shall be, and hereby are, severally entitled to a salary of fifteen hundred dollars annually, to be paid quarter yearly at the Treasury of the United States. SEC. 13. And be it further enacted, That the marshals and attorneys of the United States, for the districts which were not divided, or within the limits of which new districts were not erected by the act entitled "An act to provide for the more convenient organization of the courts of the United States," passed the thirteenth day of February, one thousand eight hundred and one, shall continue to be marshals and attorneys for such districts respectively, unless removed by the President of the United States, and in all other districts which were divided or within the limits of which new districts were erected by the last recited act, the President of the United States be, and hereby is, empowered from and after the first SEC. 15. And be it further enacted, That the stated session of the district court, for the district of Virginia, heretofore directed to be holden in the city of Williamsburg, shall be holden in the town of Norfolk, from and after the first day of July next; and the stated sessions of the district court for the district of Maryland, shall hereafter be holden in the city of Baltimore only; and in the district of Georgia, the stated sessions of the district court shall be held in the city of Savannah only. SEC. 16. And be it further enacted, That for the better establishment of the courts of the United States within the State of Tennessee, the said State shall be divided in two districts, one to con Acts of Congress. sist of that part of said State, which lies on the east side of Cumberland mountain, and to be called the district of East Tennessee, the other to consist of the remaining part of said State, and to be called the district of West Tennessee. SEC. 17. And be it further enacted, That the district judge of the United States, who shall hereafter perform the duties of district judge, within the State of Tennessee, shall annually hold four sessions, two at Knoxville, on the fourth Monday of April, and the fourth Monday of October, in and for the district of East Tennessee, and two at Nashville, on the fourth Monday of May, and the fourth Monday of November, in and for the district of West Tennessee. nine, and shall receive such compensation, emolu- SEC. 18. And be it further enacted, That there shall be a clerk for each of the said districts of East and West Tennessee, to be appointed by the judge thereof, who shall reside and keep the records of the said courts at the places of holding the courts, whereto they respectively shall belong, and shall perform the same duties, and be entitled to, and receive the same emoluments and fees which are established by law for the clerks of the district courts for the United States, respectively. SEC. 19. And be it further enacted, That there shall be appointed, in and for each of the districts of East and West Tennessee, a marshal, whose duty it shall be to attend the district courts hereby established, and who shall have and exercise within such district, the same powers, perform the same duties, be subject to the same penalties, give the same bond with sureties, take the same oath, be entitled to the same allowance, as a full compensation for all extra services, as hath heretofore been allowed to the marshal of the district of Tennessee, by a law, passed the twenty-eighth day of February, one thousand seven hundred and ninety-nine, and shall receive the same com pensation and emoluments, and in all respects be SEC. 23. And be it further enacted, That all subject to the same regulations as are now pre-writs and process which shall have been issued, scribed by law, in respect to the marshals of the United States heretofore appointed: Provided, That the marshals of the districts of East and West Tennessee, now in office, shall, during the periods for which they have been appointed, unless sooner removed by the President of the United States, be and continue marshals for the several districts hereby established, within which they respectively reside. SEC. 20. And be it further enacted, That there shall be appointed, for each of the districts of East and West Tennessee, a person learned in the law, to act as attorney for the United States within such district; which attorney shall take an oath or affirmation for the faithful performance of the duties of his office, and shall prosecute, in such district, all delinquencies, for crimes and offences, cognizable under the authority of the United States, and all civil actions or suits, in which the United States shall be concerned; and shall be entitled to the same allowance, as a full compensation for all extra services, as hath heretofore been allowed to attorneys of the district of Tennessee, by a law passed the twenty-eighth day of February, one thousand seven hundred and ninety SEC. 22. And be it further enacted, That the next session of the district court for the district of Maine shall be holden on the last Tuesday in May next; and that the session of the said court, heretofore holden on the third Tuesday of June, annually, shall hereafter be holden, annually, on the last Tuesday in May. and all recognizances returnable, and all suits and other proceedings which have been continued to the said district court on the third Tuesday in June next, shall be returned and held continued to the said last Tuesday of May next. SEC. 24. And be it further enacted, That the chief judge of the district of Columbia shall hold a district court of the United States, in and for the said district, on the first Tuesday of April and on the first Tuesday of October in every year; which court shall have and exercise, within the said district, the same powers and jurisdiction which are by law vested in the district courts of the United States. SEC. 25. And be it further enacted, That in all suits in equity, it shall be in the discretion of the court, upon the request of either party, to order the testimony of the witnesses therein to be taken by depositions; which depositions shall be taken in conformity to the regulations prescribed by law for courts of the highest original jurisdiction in equity, in cases of a similar nature, in that State in which the court of the United States may be holden: Provided, however, That nothing herein contained shall extend to the circuit courts which may be Acts of Congress. holden in those States in which testimony in chancery is not taken by deposition. SEC. 26. And be it further enacted, That there shall be a clerk for the district court of Norfolk, to be appointed by the judge thereof, which clerk shall reside and keep the records of the said court at Norfolk, aforesaid, and shall perform the same duties, and be entitled to and receive the same fees and emoluments, which are established by law for the clerks of the district courts of the United States. SEC. 27. And be it further enacted, That, from and after the first day of July next, there shall be holden, annually, in the district of Vermont, two stated sessions of the district court, which shall commence on the tenth day of October at Rutland, and on the seventh day of May at Windsor, in each year; and when either of the said days shall happen on a Sunday, the said court, hereby directed to be holden on such day, shall be holden on the day next thereafter. SEC. 28. And be it further enacted, That the act, entitled "An act altering the time of holding the district court in Vermont," and so much of the second section of the act, entitled "An act giving effect to the laws of the United States within the State of Vermont," as provides for the holding four sessions, annually, of the said district court in said district, from and after the first day of July next, be, and hereby are, repealed. uries before the passing of this act, it shall be the duty of the marshal for the district where such circuit court may be held to return special juries, in the same manner and form, as, by the laws of the respective States, the said clerks were required to return the same. Approved, April 29, 1802. An Act making provision for the redemption of the whole of the public debt of the United States. Be it enacted, &c., That so much of the duties on merchandise and tonnage as, together with the moneys, other than surplusses of revenue, which now constitute the sinking fund, or shall accrue to it by virtue of any provisions heretofore made, and together with the sums annually required to discharge the annual interest and charges accruing on the present debt of the United States, including temporary loans heretofore obtained, and also future loans which may be made for reimbursing, or redeeming, any instalments, or parts of the principal of the said debts, will amount to an annual sum of seven millions three hundred thousand dollars, be, and the same hereby is, yearly appropriated to the said fund; and the said sums are hereby declared to be vested in the commissioners of the sinking fund, in the same manner as the moneys heretofore appropriated to the said fund, to be applied by the said commissioners SEC. 29. And be it further enacted, That the to the payment of interest and charges, and to the clerk of the said district court shall not issue a reimbursement or redemption of the principal of process to summon, or cause to be returned to any the public debt, and shall be and continue approsession of the said district court, a grand jury, priated until the whole of the present debt of the unless by special order of the district judge, and United States, and the loans which may be made at the request of the district attorney; nor shall he for reimbursing or redeeming any parts or instalcause to be summoned or returned a petit jury to ments of the principal of the said debt, shall be resuch sessions of the said district court, in which imbursed and redeemed: Provided, That after the there shall appear to be no issue proper for the whole of the said debt, the old six per cent. stock, trial by jury, unless by special order of the judge, the deferred stock, the seventeen hundred and as aforesaid. And it shall be the duty of the cir- ninety-six six per cent. stock, and three per cent. cuit court in the district of Vermont, at their stated stock, excepted, shall have been reimbursed or resessions, to give in charge to the grand juries all deemed, any balance of the sums annually approcrimes, offences, and misdemeanors, as are cogni-priated by this act, which may remain unexpended zable, as well in the said district court as the said circuit court; and such bills of indictment as shall be found in the circuit court, and cognizable in the said district court, shall, at the discretion of the said circuit court, be transmitted by the clerk of the said court, pursuant to the order of the said circuit court, with all matters and things relating thereto, to the district court next thereafter to be holden in said district, and the same proceedings shall be had thereon in said district court as though said bill of indictment had originated and been found in the said district court. And all recognizances of witnesses, taken by any magistrate in said district, for their appearance to testify in any case cognizable in either of the said courts, shall be to the circuit court next thereafter to be holden in said district. SEC. 30. And be it further enacted, That, from and after the passing of this act, no special juries shall be returned by the clerks of any of the said circuit courts; but that, in all cases in which it was the duty of the said clerks to return special at the end of six months next succeeding the end of the calendar year to which such annual appropriation refers, shall be carried to the surplus fund, and cease to be vested by virtue of this act in the commissioners of the sinking fund, and the appropriation, so far as relates to such unexpended balance, shall cease and determine. SEC. 2. And be it further enacted, That it shall be the duty of the Secretary of the Treasury annually, and in each year, to cause to be paid, to the commissioners of the sinking fund the said sum of seven millions three hundred thousand dollars, in such payments, and at such times, in each year, as the situation of the Treasury will permit: Provided, That all such payments as may be necessary to enable the said commissioners to discharge or reimburse any demands against the United States, on account of the principal or interest of the debt, which shall be actually due, in conformity to the engagements of the said States, shall be made at such time and times in each year, as will enable the said commissioners Acts of Congress. faithfully and punctually to comply with such engagement. to be thus borrowed, or reloaned, shall be laid out by the commissioners of the sinking fund. in the purchase or redemption of such parts of the present debt of the United States, and other demands against them, as the commissioners of the sinking fund may lawfully pay, agreeably to the provisions herein before made, and as the said commissioners shall, in their judgment, deem most expedient, so as to effect the payment, annually, of seven millions three hundred thousand dollars towards the final discharge of the whole debt, agreeably to such provision: Provided, That the United States shall have a right to reimburse any loan thus made within six years after the date of the same, and that the rate of interest thereupon shall not exceed five per centum per annum, nor the charges thereon the rate of five per centum on the capital borrowed: And provided, always, That the power herein given shall not be construto the said commissioners, by the tenth section of the act, entitled "An act making further provision for the support of public credit, and for the redemption of the public debt, to borrow certain sums for the discharge of the instalments of the capital, or principal, of the public debt, in the manner and on the terms prescribed by the said section; nor the power given to them by an act, entitled "An act making provision for the payment of certain debts of the United States," to borrow certain sums and to sell the shares of the Bank of the United States, belonging to the United States, in the manner, on the terms, and for the purposes authorized by the said act: And provided, further, That nothing herein contained shall be construed to revive any act, or part of an act, authorizing the loan of money, and which hath heretofore expired. SEC. 3. And be it further enacted, That all reimbursements of the capital or principal of the present debt of the United States, including future loans which may be made for reimbursing or redeeming any instalments, or parts of the same, and all payments on account of the interest and charges accruing upon the said debt, shall be made under the superintendence of the commissioners of the sinking fund. And it shall be the duty of the said commissioners to cause to be applied and paid out of the said fund, yearly and every year, at the Treasury of the United States, the several and respective sums following, to wit: first, such sum and sums as, by virtue of any act or acts, they have heretofore been directed to apply and to pay; secondly, such sum and sums as may be annnally wanted to discharge the annual interest and charges accruing on any other part of the presented to repeal, diminish, or affect the power given debt of the United States, including the interest and charges which may accrue on future loans which may be made for reimbursing or redeeming any instalments or parts of the principal of the said debt; thirdly, such sum and sums as may annually be required to discharge any instalment or part of the principal of the present debt of the United States, and of any future loans which may be made for reimbursing or discharging the same, which shall be actually due and demandable, and which shall not, by virtue of this or any other act, be renewed or prolonged, or reimbursed, out of the proceeds of a new loan: and, also, it shall be the duty of the said commissioners to cause to be applied the surplus of such fund as may at any time exist, after satisfying the purposes aforesaid, towards the further and final redemption, by payment or purchase, of the present debt of the United States, including loans for the reimbursement thereof, temporary loans heretofore obtained from the Bank of the United States, and those demands against the United States, under any treaty or convention with a foreign Power, for the payment of which the faith of the United States has been, or may hereafter be, pledged by Congress: Provided, however, That the whole or any part of such demands, arising under a treaty or convention with a foreign Power, and of such temporary loans, may, at any time, be reimbursed, either out of the sinking fund, or, if the situation of the Treasury will permit, out of any other moneys which have been, or may hereafter be, appropriated to that purpose. SEC. 4. And be it further enacted, That the commissioners of the sinking fund be, and they hereby are, empowered, with the approbation of the President of the United States, to borrow on the credit of the United States, either in America, or abroad, by obtaining a prolongation of former loans, or otherwise, the sums requisite for the payment of the instalments or parts of principal of the Dutch debt, which become due in the years one thousand eight hundred and three, one thousand eight hundred and four, one thousand eight hundred and five, and one thousand eight hundred and six; and that a sum equivalent to that SEC. 5. And be it further enacted, That, for the purpose of more effectually securing the reimbursement of the Dutch debt, the commissioners of the sinking fund may and they hereby are empowered, with the approbation of the President of the United States, to contract either with the Bank of the United States, or with any other public institution, or with individuals, for the payment, in Holland, of the whole, or any part, of the principal of the said Dutch debt, and of the interest and charges accruing on the same, as the said demands become due, on such terms as the said commissioners shall think most advantageous to the United States; or to employ either the said bank, or any other public institution, or any individual or individuals, as agent or agents, for the purpose of purchasing bills of exchange, or any other kind of remittances, for the purpose of discharging the interest and principal of said debt; and to allow to such agent or agents a compensation not exceeding one-fourth of one per cent., on the remittance thus purchased or procured by them under the direction of the said commissioners; and as much of the duties on tonnage and merchandise as may be necessary for that purpose is hereby appropriated towards paying the extra allowance or commission resulting from such transaction, or transactions, and also to pay any defi Acts of Congress. ciency arising from any loss incurred upon any mentioned, shall be, and hereby are, entitled to reremittance purchased or procured under the direc-ceive, in lieu of their compensations as fixed by law, tion of the said commissioners, for the purpose of discharging the principal and interest of the said debt. the following sums; that is to say: The Secretary of the Senate, and Clerk of the House of Representatives, two thousand dollars each; their principal clerks, one thousand three hundred dollars each; and each of their engrossing clerks, one thousand dollars per annum. SEC. 6. And be it further enacted, That the commissioners of the sinking fund be, and they hereby are, empowered, with the approbation of the President of the United States, to employ, if they SEC. 2. And be it further enacted, That the Sershall deem it necessary, an agent in Europe for geant-at-Arms of the Senate, who also performs the purpose of transacting any business relative to the duty of Doorkeeper, and the Sergeant-atthe discharge of the Dutch debt, and to the loans Arms of the House of Representatives shall, be, authorized by this, or any other act, for the pur-and hereby are, entitled to receive eight hundred pose of discharging the same, and also to allow dollars per annum, each. him a compensation not exceeding three thousand dollars a year, to be paid out of any moneys in the Treasury not otherwise appropriated. SEC. 7. And be it further enacted, That nothing in this act contained shall be construed to repeal, alter, or affect any of the provisions of any former act pledging the faith of the United States to the payment of the interest, or principal of the public debt; and that all such payments shall continue to be made at the time heretofore prescribed by law; and the surplus only of the appropriations made by this act, beyond the sums payable by virtue of the provisions of any former act, shall be applicable to the reimbursement, redemption, or purchase of the public debt in the manner provided by this act. SEC. 8. And be it further enacted, That all the restrictions and regulations heretofore established by law, for regulating the execution of the duties enjoined upon the commissioners of the sinking fund, shall apply to and be in as full force for the execution of the analogous duties enjoined by this act, as if they were herein particularly repeated and re-enacted: Provided, however, That the ticular annual account of all sales of stock, of loans, and of payments, by them made, shall, hereafter, be laid before Congress on the first week of February in each year; and so much of any former act as directed such account to be laid before Congress within fourteen days after their meeting, is hereby repealed. Approved, April 29, 1802. par SEC. 3. And be it further enacted, That the Doorkeeper of the House of Representatives shall be, and hereby is, entitled to receive five hundred dollars per annum, and two dollars per day, during each session of Congress; and the Assistant Doorkeeper of the Senate and House of Representatives, four hundred and fifty dollars per annum, each; and two dollars each, per day, during each session of Congress. SEC. 4. And be it further enacted, That the compensations to the Secretary of the Senate and Clerk of the House of Representatives, and to their clerks, and to the other officers herein named, shall commence with the present year. Approved, April 29, 1802. An Act supplementary to an act, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein mentioned," and extending the benefits thereof to the art of designing, engraving, and etching historical and other prints. Be it enacted, &c., That every person who shall, from and after the first day of January next, claim to be the author or proprietor of any maps, charts, book or books, and shall thereafter seek to obtain a copyright of the same, agreeable to the rules prescribed by law, before he shall be entitled to the benefit of the act, entitled "An act for for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein menoftioned," he shall, in addition to the requisites enjoined in the third and fourth sections of said act, if a book or books, give information by causing the copy of the record, which, by said act, he is required to publish in one or more of the newspapers, to be inserted at full length in the title page or in the page immediately following the title of every such book or books; and if a map or chart, shall cause the following words to be impressed on the face thereof, viz: "Entered according to the act of Congress, the day of 18-[here An Act for the relief of the widows and orphans certain persons who have died in the Naval service of the United States. Be it enacted, &c., That the widows, if any such there be, and, in case there be no widow, the child or children of the officers, seamen, and marines, who were in the service of the United States, and lost in the ship Insurgent and brigantine Pickering, shall be entitled to, and receive, out of any money in the Treasury not otherwise appropriated, a sum equal to four months' pay of their respective husbands or fathers, as aforesaid. Approved, April 29, 1802. insert the date when the same was deposited in the office,] by A. B. of the State of [here insert the author's or proprietor's name, and the State in which he resides.] An act to regulate and fix the compensation of the offi- SEC. 2. And be it further enacted, That, from cers of the Senate and House of Representatives. and after the first day of January next, every person Be it enacted, &c., That the officers of the Sen-being a citizen of the United States, or resident ate and House of Representatives, hereinafter within the same, who shall invent and design, en 7th CON.-43 |