! clerks may Sec. 10. And be it further enacted, That it When fhall and may be lawful for the clerks of the take recog district and circuit courts, in the abfence, or in nizances de bene effe, cafe of the disability of the judges, to take recognizances of special bail, de bene effe, in any action depending in either of the faid courts, and also the affidavits of all furveyors relative and affida. to their reports, and to adminifter oaths to all vits of furperfons identifying papers found on board of veffels or elsewhere, to be used on trials in admiralty causes. veyors, &c. judges act as counfel for a party, in fuch cafe. Sec. 11. And be it further enacted, That Where in all suits and actions in any district court of the United States, in which it fhall appear that the judge of fuch court is, any ways, concerned in intereft, or has been of counfel for either party, it shall be the duty of fuch judge on application of either party, to caufe 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 fuch fuit or action, to be forthwith 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 commenced in that court, and fhall proceed to hear and determine the fame accordingly. appeals to clerk of 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 depo the adoption of the prefent conftitution, fhall fired with be depofited in the office of the clerk of the fupreme court of the United States, who is court. hereby authorized and directed to give copies of all fuch records and proceedings, to any perfon requiring and paying for the fame, in like manner, as copies of the records and other proceedings of the faid court are by law directed to be given: which copies shall have like faith and credit, as all other proceedings of the faid court. JONATHAN TRUMBULL, Speaker of the Houfe of Representatives. RICHARD HENRY LEE, President pr♦ tempore of the Senate. APPROVED, May eighth, 1792: GEORGE WASHINGTON, Prefident of the United States. Accountant in the war de CHAPTER XXXVII. An Act making Alterations in the Treafury and B Section 1. E it enacted by the Senate and Houfe of Reprefentatives of the United States of America, in Congress affembled, That there be an accountant to the department of war, who fhall be charged with the. partment, fettlement of all accounts relative to the pay his duty. of the army, the fubfiftence of officers, bounties to foldiers, the expenfes of the recruiting fervice, the incidental and contingent expenfes of the department; and who fhall report from time to time, all fuch fettlements as fhall have been made by him, for the infpection and revifion of the accounting officers of the treafury; and the faid accountant fhall also be charged with the fettlement of all claims for perfonal service authorized by the act of this Congrefs of the twenty-feventh of March laft, and of all military claims lodged in the late office of the paymafter general and commiffioner of army accounts, which are not foreclofed by of the U, S Sec. 2. And be it further enacted, That the Duty of the Treasurer of the United States fhall difburfe Treature all fuch monies as fhall have been previoufly herein. ordered for the ufe of the department of war by warrants from the treafury; which disburfements fhall be made pursuant to warrants, from the Secretary at War, counterfigned by the accountant. troops, his Sec. 3. And be it be further enacted, That Paymaster there be a paymafter to refide near the head of the quarters of the troops of the United States. duty. That it fhall be the duty of the faid paymafter, to receive from the treasurer all the monies which fhall be entrusted to him for the purpofe of paying the pay, the arrears of pay, fubfiftence or forage, due to the troops of the United States. That he fhall receive the pay abftracts of the paymafters of the feveral regiments or corps, and compare the fame with the returns or mufter rolls which fhall accom pany the faid pay abftracts. That he fhall certify accurately to the commanding officer, the fums due to the refpective corps, which fhall have been examined as aforefaid, who fhall thereon iffue his warrant on the faid deputypaymafter, for the payment accordingly. That copies of all reports to the commanding officer, and the warrants thereon, fhall be duly tranfmitted to the office of the accountant of the war department, in order to be there ex To give bond. amined and finally adjufted at the treasury. That the faid paymaster fhall give bond in the fum of twenty thousand dollars, with two fufficient fureties, for the faithful discharge of his duty, and he fhall take an oath faithfully to exHis falary. ecute the duties of his office. That the compenfation to the faid paymaster fhall be fixty dollars monthly, with the fame rations and forage as a major. Aflignment foldier at Sec. 4. And be it further enacted, That no of pay by a affignment of pay made after the first day of ter 1st June June next, by a non-commiffioned officer or private, fhall be vaild. next not valid. Contracts ing the army to be quar Sec. 5. And be it further enacted, That all for fupply- purchafes and contracts for fupplying the army with provifions, clothing, fupplies in the madeunder ter-mafter's department, military flores, Indian the Secre- goods, and all other fupplies or articles for the Treafury. ufe of the department of war, be made by or under the direction of the treafury depart tary of the To direct the collec ties, &c. Affiftant Secretary fioner of ment. Sec. 6. And be it further enacted, That the tion of du- Secretary of the Treasury fhall direct the fuperintendance of the collection of the duties on impoft and tonnage as he fhall judge beft. That the present office of Affiftant to the Secretary of the Treafury, be abolished, and that abolished & inftead thereof there be an officer in the deCommif- partment of the Treafury, to be denominated the Reve- Commiffioner of the Revenue, who fhall be nue fubfti- charged with fuperintending, under the direction of the head of the department, the collection of the other revenues of the United States, His duty and fhall execute fuch other fervices, being conformable to the conftitution of the department, as fhall be directed by the Secretary of the Treafury. That the compensation of the tuted. faid Commiffioner fhall be a falary of one thou- Salary. fand nine hundred dollars per annum. And pow ers, with tor and At Sec. 7. And be it further enacted, That in every cafe of an account or claim not finally adjusted, upon which the present Comptroller the Audiof the Treafury, as Auditor, may have deci- torney Geded, it fhall be the duty of the Commiffioner neral. of the Revenue, and of the Auditor of the Treafury, finally to adjust the fame, and in cafe of difagreement between the faid Commiffioner and Auditor, the decifion of the Attorney General fhall be final. dent on heads of Sec. 8. And be it further enacted, That in Power of cafe of the death, abfence from the feat of the Prefigovernment, or fickness of the Secretary of death, &c. State, Secretary of the Treafury, or of the Se- of the cretary of the War Department, or of any the three officer of either of the faid departments whofe departappointment is not in the head thereof, where- ments, by they cannot perform the duties of their faid refpective offices, it fhall be lawful for the Prefident of the United States, in cafe he fhall think it neceffary, to authorize any perfon or perfons at his difcretion to perform the duties of the faid refpective offices until a fucceffor be appointed, or until fuch abfence or inability by fickness fhall cease, depart Sec. 9. And be it further enacted, That the Treafury forms of keeping and rendering all public ac- ment to counts whatsoever, fhall be prefcribed by the prefcribe deparment of the Treasury. forms for keeping acr counts. Yearly alcertain of ficers of lowance to Sec. 10. And be it further enacted, That in addition to the compenfations allowed to the Comptroller, Auditor, Treasurer, and Regifter of the Treafury, by the "act for eftablishng the falaries of the executive officers of go-ary & Aty VOL. II. P the Trea |