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Sec. 1o. And be it further enacted, That it When

h shall and may be lawful for the clerks of the take re

clerks may district and circuit courts, in the absence, or in nizances de case of the disability of the judges, to take re. cognizances of special bail, de bene esse, in any action depending in either of the said courts, and also the affidavits of all surveyors relative and affida. to their reports, and to administer oaths to all vi

veyors, &c. persons identifying papers found on board of vessels or elsewhere, to be used on trials in admiralty causes.

Sec. 11, And be it further enacted, That Where in all suits and actions in any district court of as counfel

judges act the United States, in which it shall appear that for a party, the judge of such court is, any ways, concerned in interest, or has been of counsel for either party, it shall be the duty of such judge on application of either party, to cause the fact their duty to be entered on the minutes of the court, and also to order an authenticated copy thereof, with all the proceedings in such suit or action, to be forth with certified to the next circuit court of the district, which circuit court shall, thereupon, take cognizance thereof, in the like manner, as if it had been originally com. menced in that court, and shall proceed to hear and determine the same accordingly. . Sec. 12. And be it further enacted, That Records of all the records and proceedings of the court court of of appeals heretofore appointed, previous to be depothe adoption of the present constitution, shall fired with

. clerk of be deposited in the office of the clerk of the supreme supreme court of the United States, who is court. hereby authorized and directed to give copies of all such records and proceedings, to any person requiring and paying for the same, in like manner, as copies of the records and other proceedings of the said court are by law

appeals to

110 ] răirected to be given : which copies shall have like faith and credit, as all other proceedings of the said court.

JONATHAN TRUMBULL, Speaker

of the House of Representatives. RICHARD HENRY LEE, Prefdent pro

tempore of the Senate. APPROVED, May eighth, 1792: GEORGE WASHINGTON,

President of the United States.

CHAPTER XXXVII.
An Act making Alterations in the Treasury and

War Departments.

court it in the

parti

Section 1. D E it enacted by the Senate and

House of Representatives of the United States of America, in Congress assembled,

That there be an accountant to the departwar de. inent of war, who shall be charged with the

to settlement of all accounts relative to the pay Iris duty

of the army, the subsistence of officers, bounties to soldiers, the expenses of the recruiting service, the incidental and contingent expenses of the department; and who shall report from time to time, all such fettlements as shall have been made by him, for the inspection and revision of the accounting officers of the treasu. ry; and the said accountant shall also be charged with the settlement of all claims for personal service authorized by the act of this Congress of the twenty-seventh of March last, and of all military claims lodged in the late office of the paymaster general and commissioner of army accounts, which are not foreclosed by the acts of limitation of the late Congress, and he shall report from time to time, all such fettlements as have been made by him, for the inspection and revision of the Comptroller of the Treasury. The compensation of the said áccountant shall be a yearly falary of one thou. Salary. and two hundred dollars.

Sec. 2. And be it further enacted, That the Duty of the Treasurer of the United States shall disburse Treasurei.

of the U, S all such monies as shall have been previously Řerein. *** ordered for the use of the department of war by warrants from the treasury; which disbursements shall be made pursuant to warrants, from the Secretary at War, countersigned by the accountant.

Sec. 3. And be it be further enacted, That Paymaster there be a paymaster to reside near the head of the

du troops, his quarters of the troops of the United States. duty , That it shall be the duty of the said paymafter, to receive from the treasurer all the monies which shall be entrusted to him for the purpose of paying the pay, the arrears of pay, fubfiftence or forage, due to the troops of the United States. That he shall receive the pay ab. stracts of the paymasters of the feveral regi. ments or corps, and compare the fame with the returns or muster rolls which shall accom. pany the faid pay abftracts. That he shall certify accurately to the commanding officer, the fums due to the respective corps, which shall have been examined as aforesaid, who shall thereon issue his warrant on the said deputypaymaster, for the payment accordingly. That copies of all reports to the commanding officer, and the warrants thereon, shall be duly transmitted to the office of the accountant of the war department, in order to be there ex

boud.

next not

amined and finally adjusted at the treasury.

That the said paymaster shall give bond in the To give sum of twenty thousand dollars, with two fuf

ficient fureties, for the faithful discharge of his

duty, and he shall take an oath faithfully to exHis falarv. ecute the duties of his office. That the com

pensation to the said paymaster shall be fixty

dollars monthly, with the same rations and

· forage as a major. Allignment Sec. 4. And be it further enacted, That no of pay by a assignment of pay made after the first day of foldier arter Ist June June next, by a non-commissioned officer or valid.

private, shall be vaild.

Sec. 5. And be it further enacted, That all Contracts for fuppli- purchases and contracts for supplying the army ing the with provisions, clothing, supplies in the quararmy to be madeunder ter-master's department, military stores, Indian the Secre: goods, and all other supplies or articles for the tary of the

use of the department of war, be made by or under the direction of the treasury depart

ment. To direct Sec. 6. And be it further enacted, That the the collec. a tion of du- Secretary of the Treasury shall direct the fu. ties, &c. perintendance of the collection of the duties

on impost and tonnage as he shall judge beft.

That the present office of Aslistant to the Seftant cretary of the Treasury, be abolished, and that Secretary abolithes & instead thereof there be an officer in the deCommir

partment of the Treasury, to be denominated the Reve- Commissioner of the Revenue, who shall be nue subíti- chorend ;

biti. charged with superintending, under the directuted.

tion of the head of the department, the collection of the other revenues of the United States, and shall execute such other services, being conformable to the constitution of the department, as shall be directed by the Secretary of -the Treasury. That the compensation of the

re

His duty.

wer of

faid Commiffioner shall be a falary of one thou- Salary. sand nine hundred dollars per annum. Sec. 7. And be it further enacted, That in

And powa every case of an account or claim not finally ers, with adjusted, upon which the present Comptroller the Audi:

tor and Atof the Treasury, as Auditor, may have deci. torney Geded, it shall be the duty of the Commissioner neral. of the Revenue, and of the Auditor of the Treasury, finally to adjust the same, and in case of disagreement between the said Commissioner and Auditor, the decision of the Attorney General shall be final.

Sec. 8. And be it further enacted, That in Porye case of the death, abfence from the seat of the Prefigovernment, or sickness of the Secretary of death. 14 State, Secretary of the Treasury, or of the Se- of the

beads of cretary of the War Department, or of any the three officer of either of the said departments whofe depart

f who ments, appointment is not in the head thereof, whereby they cannot perform the duties of their said respective offices, it shall be lawful for the President of the United States, in całe he shall think it necessary, to authorize any perfon or persons at his discretion to perform the duties of the said respective offices until a successor be appointed, or until such absence or inability by sickness shall cease, .

Sec. 9. And be it further enacted, That the Treafury forms of koeping and rendering all public ac- ment to counts whatsoever, fhall be prescribed by the prescribe

forms for deparment of the Treasury.

keeping ac;

counts. Sec. 10. And be it further enacted, That in addition to the compensations allowed to the Yearly al

ri lowance to Comptroller, Auditor, Treasurer, and Regis- certain of ter of the Treasury, by the “act for eftablish- ficers of

the Treas ng the salaries of the executive officers of go- uy & Ali

Vol. II,

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