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Acts of Congress.

auction, of estates, goods, or effects, made pursuant to, or in execution of, any rule, order, decree, sentence, or judgment, of any Court of the United States, or of either of them; or made in virtue, or by force of any distress for rent, or other cause, for which a distress is allowed by law; or made in consequence of any bankruptcy, or insolvency, pursuant to any law concerning bankruptcies or insolvencies; or made in consequence of any general assignment of property and effects, for the benefit of creditors; or made by or on behalf of executors or administrators; or made of the produce of the land, upon the land where such produce was raised; or made of any farming utensils, stock, or household furniture, by persons removing from the place of their former residence, where the amount of each sale of such farming utensils, stock, or household furniture, shall not exceed two hundred dollars; or made pursuant to the directions of any law of the United States, or of either of them, touching the collection of any tax or duty; or disposal by auction of public property of the United States, or of any State; nor to any such sale or sales by auction of ships, their tackle, apparel, and furniture, or the cargoes thereof, which shall be wrecked or stranded within the United States, and sold for the benefit of the insurers or proprietors thereof.

SEC. 2. And be it further enacted, That no person, after the said thirtieth day of September next, shall exercise the trade or business of an auctioneer, by the selling of any estates, goods or effects whatsoever by auction, or any other mode of sale, whereby the best or highest bidder is deemed to be the purchaser, unless such person shall have a license, or other special authority, continuing in force pursuant to some law of a State, or issued pursuant to the directions of this act, on pain of forfeiting, for every such sale at auction, the sum of four hundred dollars, together with the sums or duties payable by this act upon the estates, goods, or effects so sold: Provided, however, That nothing herein contained shall be construed to require a license for the sale at auction of any estate, goods, chattles, or other thing, which by this act are exempted from duty.

the notice aforesaid shall be given, with condition that he will, on the first day of January, April July, and October, in each year, while he sha continue to exercise the said trade or business render to the person or persons, who, on behalf of the United States, shall be authorized to receive the same, a true and particular account in writing. of the moneys or sums, for which any estates goods, or effects, have been sold, at every sale at auction by him made, and of the several articles lots and parcels, which shall have been sold, the price of each article, lot, or parcel, in every such sale, by whom bought, that is to say: first from the date of such bond, until such of the aforesaid days, as shall accrue next thereafter, and thenceforth from the day to which an account shal have been last rendered, until such of the sand days, as shall next thereafter ensue, and so on in succession, from one of the said days to ano ther, so long as he shall continue to exercise his said trade or business, and, also, shall pay all such sums of money as shall be due to the United States upon the said sales, according to the true intent and meaning of this act; which sums he is hereby authorized and directed to retain, out of the produce of each sale made as aforesaid. And a like notice and bond shall be given in like manner, as often as any such license, or special authorities. shall have expired and been renewed. And any person shall, after the said thirtieth day of September next, by virtue or color of any such license, or special authority, as aforesaid, make any sale or sales at auction, without having given bond, as aforesaid, within the time for that pur pose prescribed, or without renewing such bond upon the expiration and renewal of any such license, or special authority, he shall forfeit and pay, for every such sale by him made, the sum of four hundred dollars, together with the sums of duties payable by this act, upon the estates, goods, or effects, so sold.

SEC. 4. And be it further enacted, That the several supervisors of the revenue may, within their respective districts, and upon request of any person or persons desirous thereof, shall grant licenses, without fee or reward, for a term not ex SEC. 3. And be it further enacted, That every ceeding one year, at one time, to exercise the trade person, who, before the said thirtieth day of Sep- or business of an auctioneer; and such licenses. tember next, shall have a license or special au- upon like request, may, and shall, from time to thority, pursuant to any law of any State, for ex-time, renew: Provided, That no such license shal ercising the said trade or business of an auctioneer, shall, before or upon the said day, and every person, who, after the said day, shall have such special license or authority, shall, within thirty days after the obtaining or receiving of the same, give notice thereof in writing, under his hand, to the office of inspector nearest to the place where he shall carry on or intend to carry on the said trade or business of an auctioneer, specifying in such notice the date or commencement of such license, or other special authority, the term for which the same was granted or given, by whom, and by what law of a State, the same was granted or given; and shall also give bond to the United States, in the sum of one thousand five hundred dollars, to be taken by the officer, at whose office

be granted or renewed until the person or persons requesting the same shall have become bound to the United States, with one or more sureties, to the satisfaction of the supervisor, of whom such license shall be requested, in the sum of one thou sand five hundred dollars, with like condition as is hereinbefore prescribed for persons having licenses by virtue of some law of a State: And provided further, That no such license shall be granted to carry on the said trade or business, in any city, town, or county, of any State, in respect to which provision hath been made by any law of such State, for the allowing and regulating of the said trade and business therein.

SEC. 5. And be it further enacted, That every person who shall have a license from a supervisor

Acts of Congress.

of the revenue, continuing in force, shall and may SEC. 9. And be it further enacted, That every retain, in order to the payment of the duties hereby auctioneer, out of the proceeds of the duties which imposed, all such sum and sums of money as shall he shall retain and pay as aforesaid, shall be albe due and payable upon any estates, goods, or ef- lowed a commission of one per centum, upon the fects, by him sold at auction, as aforesaid, accord-amount thereof, for his trouble in and about the ing to the true intent and meaning of this act.

SEC. 6. And be it further enacted, That the accounts to be rendered, and the duties to be from time to time paid as aforesaid, by any auctioneer, shall be rendered and paid to the inspector of the revenue, within whose survey such auctioneer shall exercise his said trade or business, or to his deputy duly appointed under his hand and seal, and such auctioneer shall make oath or affirmation, according to the best of his knowledge and belief, to the truth of every account which he shall render before the officer or person to whom such account shall be rendered, and who is hereby authorized to administer the said oath or affirmation; in default of which such account shall not be deemed to be duly rendered, according to the condition of the bond of such auctioneer. And to the end that such accounts may be accurately kept and rendered, it is hereby made the duty of every auctioneer to enter, from day to day, as often as any sale shall be made, in a book, or on a paper to be kept by him for that purpose, the amount and particulars of the respective sales by him made; which book or paper shall, at all reasonable times, upon request made, be submitted for examination to the officer of inspection, within whose survey or division such auctioneer shall be, on pain of forfeiting, for every refusal to comply with such request, the sum of five hundred dollars.

same.

SEC. 10. And be it further enacted, That it shall be lawful for the President of the United States, and he is hereby empowered, to make such allowances for compensations to the officers of inspection employed in the collection of the duties aforesaid, and for incidental expenses, as he shall judge reasonable, not exceeding in the whole two and a half per centum of the total amount of the said duties collected.

SEC. 11. And be it further enacted, That if any person shall wilfully swear or affirm falsely, touching any matter hereinbefore required to be verified by oath or affirmation, he shall suffer the pains and penalties which, by law, are prescribed for wilful and corrupt perjury; and, if an officer, shall forfeit his office, and be incapable of afterwards holding any office under the United States.

SEC. 12. And be it further enacted, That all fines, penalties, and forfeitures, which shall be incurred by force of this act, shall and may be sued for and recovered, in the name of the United States, or of the supervisor of the revenue, within whose district any such fine, penalty, or forfeiture, shall have been incurred, by bill, plaint, or information; one moiety thereof to the use of the United States, and the other moiety thereof to the use of the person, who, if an officer of inspection, shall first discover, if other than an officer of inspection, shall first inform of the cause, matter, or thing, whereby any such fine, penalty, or forfeiture, shall have been incurred. And where the cause of action or complaint shall arise or accrue more than fifty miles distant from the nearest place by law established for the holding of a District Court, within the district in which the same shall arise or accrue, such suit and recovery may be had before any Court of the State, holden within the said district, having jurisdiction in

SEC. 7. And be it further enacted, That if it shall appear to the satisfaction of the supervisor, within whose district he shall be, that an auctioneer hath acted agreeably to the condition of the bond which he shall have given, and to the directions of this act, during the time to which his said bond shall relate, the same having expired, then, and in every such case, the said supervisor shall cause such bond to be delivered up; but in case no such account shall be delivered, as herein-like cases. before mentioned, or if it shall appear, that any such account was not truly made, or that the party hath acted in any other respect contrary to the true intent and meaning of his bond and of this act, it shall be the duty of such supervisor of the revenue to cause such bond to be prosecuted according to law, and in case of a verdict or judgment against the defendant, he shall afterwards, upon every sale by him of any estates, goods, or effects, at auction, be liable to all the penalties, which may be incurred by this act, for acting as an auctioneer without license.

SEC. 8. And be it further enacted, That if any sale at auction of any lands, tenements, or hereditaments, shall be, or become void, by reason of defect of title, the supervisor of the revenue, within whose district such sale shall be, is hereby authorized and required, upon due and sufficient proof of such sale being or becoming void, for the reason aforesaid, to cause to be remitted the duty or duties thereupon otherwise payable according to this act. 3d CoN.-48

SEC. 13. And be it further enacted, That this act shall continue and be in force for the term of two years, and from thence to the end of the next session of Congress, and no longer. Approved, June 9, 1794.

RESOLUTIONS.

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be authorized to employ, as despatch-boats, such of the revenue cutters of the United States, as the public exigencies may require. Approved, March 20, 1794.

Resolved, &c., That an embargo be laid on all ships and vessels in the ports of the United States, whether already cleared out, or not, bound to any

Acts of Congress.

foreign port or place, for the term of thirty days; and that no clearances be furnished, during that time, to any ship or vessel bound to such foreign port or place, except ships or vessels under the immediate direction of the President of the United States: And that the President of the United States be authorized to give such instructions to the revenue officers of the United States, as shall appear best adapted for carrying the said resolution into full effect.

Approved, March 26, 1794.

Resolved, &c., That, during the continuance of the present embargo, no registered vessel, having on board goods, wares, or mechandise, shall be allowed to depart from one port of the United States to any other port within the same, unless the master, owner, consignee, or factor, shall first give bond with one or more sureties to the Collector of the district from which she is about to depart, in a sum of double the value of the vessel and cargo, that the said goods, wares, or merchandise, shall be relanded in some port of the United States; which bond, and also a certificate from the Collector of the district, where the same may be relanded, shall, by the Collectors, respectively, be transmitted to the Secretary of the Treasury. That the several Collectors be prohibited from granting a clearance to any foreign ship or vessel, in any case whatever, during the continuance of the present embargo; and all armed vessels, possessing public commissions from any foreign Power, (letters of marque excepted,) are to be considered as not liable to the embargo.

Approved, April 2, 1794.

Resolved, &c., That the present embargo be continued, and every regulation concerning the same, shall be in full force until the twenty-fifth day of May next.

Approved, April 18, 1794.

per.

Resolved, &c., That the Secretary of the Depart ment of War be, and he is hereby directed to make out an exact list of the names of each son, returned to him, as invalid pensioners, by the Judges of the Circuit Courts of the United States (signing themselves as Commissioners,) under the act of Congress, passed the twenty-third of March one thousand seven hundred and ninety-two, enti tled "An act to provide for the settlement of claims of widows and orphans, barred by the limitations heretofore established, and to regulate the claims to invalid pensions," and return to the Judge of each district one copy of such list, stating particularly the district from which each person was returned, and that all are by Congress directed n to be entered on the pension list. And the said Secretary is further directed to return to each District Judge a list of the names of all such per sons as have been returned as invalid pensioner by the District Judges, under the act of Congress passed the twenty-eighth of February, one the sand seven hundred and ninety-three, entitled "A: act to regulate claims to invalid pensions;" distinguishing those who have been placed on the pension list, and those who have not been placed ca the same, by reason of their testimony being complete, stating, particularly, the legal requisite or requisites wanting in the evidence of each and naming such of them whose evidence of leav ing service is not lodged in his office, And the Judges of the several District Courts, upon recep of the above described lists and statements, from the Secretary for the Department of War, are hereby directed forthwith to publish the same. one or more of the newspapers published in their respective districts, adding to such publication the time when the act regulating the claims to invalid pensions expires.

Approved, June 9, 1794.

Resolved, &c., That it shall be the duty of the respective Clerks of the several District Courts of the United States, to return true copies of the tables of fees payable in the Supreme or Superior Courts of the State in which such Clerk resides to the Attorney General of the United States, ca or before the fifth day of December next. Approved, June 9, 1794.

Resolved, &c., That the President of the United States be authorized to direct clearances to be granted to any ships or vessels belonging to citizens of the United States, which are now loaded, bound from any port in the United States, for any port beyond the Cape of Good Hope; any thing in the Resolved, &c., That the following article be preresolution for laying the embargo, to the contrary posed to the Legislatures of the several States as notwithstanding: Provided, That, before the Col-an amendment to the Constitution of the United lector of either of the districts of the United States, shall grant clearances, or any such vessel shall sai!, the owners thereof shall give sufficient security, to the satisfaction of such Collector, that she shall not unlade her cargo, or any part thereof, at any port or place, previous to her arrival at the Cape of Good Hope.

Approved, May 7, 1794.

States; which when ratified by three-fourths of the said Legislatures shall be valid as a part of the said Constitution, viz:

The judicial power of the United States, shal not be construed to extend to any suit in law equity, commenced or prosecuted against one the United States by citizens of another State or by citizens or subjects of any foreign State.

Acts of Congress.

ACTS PASSED AT THE SECOND SESSION.

An Act to authorize the President to call out and sta- | An Act to amend and explain the twenty-second section a corps of Militia in the four Western counties of Pennsylvania for a limited time.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a force not exceeding two thousand five hundred non-commissioned officers, musicians, and privates, to be composed of the militia of the United States, be called forth and stationed in the four Western counties of Pennsylvania, if, in the judgment of the President, the same shall be deemed necessary to suppress unlawful combinations, and to cause the laws to be duly executed Provided, That the term of service of any one quota of the militia to be called into actual service, pursuant to this act, shall not exceed three months after they shall have arrived at the place of rendezvous.

SEC. 2. And be it further enacted, That the President of the United States be, and he is hereby authorized, if, in his judgment, it should be deemed expedient, to direct voluntary enlistments of any of the militia of the United States, in lieu of all or any part of the force herein authorized to be called forth, for the purposes aforesaid, for a term of service not exceeding thirty days after the commencement of the next session of Con

gress.

FREDERICK A. MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS,
Vice President of the United States,
and President of the Senate,

Approved, November 9, 1794.

G. WASHINGTON, President of the United States.

An Act extending the privilege of franking to James White, the Delegate from the Territory of the United States South of the river Ohio, and making provision for his compensation.

Be it enacted, &c., That James White, the Delegate to Congress from the Territory of the United States South of the river Ohio, be entitled to the privilege of sending and receiving letters free of postage, on the same terms and under the same restrictions as are provided for the members of the Senate and of the House of Representatives of the United States by the act, entitled "An Act to establish the Post Office and Post Roads within the United States."

SEC. 2. And be it further enacted. That the said James White shall receive for his traveling expenses and attendance in Congress the same compensation as is or may be allowed by law to the members of the House of Representatives of the United States, to be certified and paid in like

manner.

Approved, December 3, 1794.

tion of "the Act establishing the Judicial Courts of the United States."

Whereas, by the twenty-second section of the act, entitled "An Act to establish the Judicial Courts of the United States," it is provided that "Every Justice or Judge signing a citation on any writ of error, shall take good and sufficient security that the plaintiff in error shall prosecute his writ to effect, and answer all damages and costs, if he fail to make his plea good." And whereas doubts have arisen as to the extent of the security to be required in certain cases:

Be it enacted, &c., That the security to be required and taken on the signing of a citation on any writ of error, which shall not be a supersedeas and stay execution, shall be only to such an amount, as, in the opinion of the Justice or Judge taking the same, shall be sufficient to answer all such costs as, upon an affirmance of the judgment or decree, may be adjudged or decreed to the respondent in error.

Approved, December 12, 1794.

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An Act authorizing a Loan of two million of dollars. United States be empowered to borrow, on behalf Be it enacted, &c., That the President of the of the United States, any sum not exceeding two million of dollars. at an interest not exceeding five per cent. per annum, reimbursable at the pleasure of the United States, to be applied to such public purposes as are authorized by law, and to be repaid out of the duties on impost and tonnage, to the end of the year one thousand seven hundred and ninety-five.

SEC. 2. And be it further enacted, That it shall be lawful for the Bank of the United States, and the said Bank hereby is authorized and empowered to loan the said sum, or any part thereof. Approved, December 18, 1794.

An Act making appropriations for the support of the Military Establishment for the year one thousand seven hundred and ninety-five, and for the expenses of the Militia lately called into the service of the United States.

Be it enacted, &c., That there be appropriated for the pay, subsistence, forage, and other expenses attending the militia in their late expedition to the Western counties of Pennsylvania, a sum not exceeding one million one hundred and twentytwo thousand five hundred and sixty-nine dollars and one cent; that is to say-For the pay, subsistence, and forage of the general staff, eighteen thousand six hundred and eighty-one dollars and thirty-four cents: For the pay, subsistence, and forage of the militia of New Jersey, eighty-eight thousand seven hundred and eighteen dollars and twenty-five cents: For the pay, subsistence, and forage of the militia of Pennsylvania, two hundred

Acts of Congress.

For the compensations granted by law to the Chief Justice, Associate Judges, District Judges. and Attorney General, forty-three thousand two hundred dollars.

For defraying the expense of clerks of courts, jurors, and witnesses, in aid of the fund arising from fines, forfeitures, and penalties, twelve thou| sand dollars.

For defraying the expenses of prosecutions for offences against the United States, and for the safe-keeping of prisoners, four thousand dollars.

and ten thousand eight hundred and seventy-five dollars and thirty cents: For the pay, subsistence, and forage of the militia of Maryland, fifty-eight thousand six hundred and sixty dollars and ninetyone cents: For the pay, subsistence, and forage of the militia of Virginia, one hundred and seventyfive thousand and seven dollars and five cents: For the pay and subsistence of artificers and drivers of ordnance, two thousand seven hundred and thirty-four dollars: For the pay and subsistence of the cavalry of Virginia, twenty-two thousand three hundred and ninety-seven dollars and sixteen cents: For clothing, eighty-three thousand one hundred and forty dollars: For camp equipage, twenty-eight thousand seven hundred and seven- For incidental and contingent expenses in the teen dollars: For hospital stores, two thousand said Department, three thousand nine hundred seven hundred and seventy dollars: For military and seventy-one dollars and seventy-nine cents. stores, thirty-four thousand one hundred dollars: For compensation to the Secretary of the Trea For the quartermaster's and paymaster's depart-sury, clerks, and persons employed in his office. ments, three hundred and sixty-three thousand seven thousand eight hundred and fifty dollars. six hundred dollars: For forage for the cavalry, thirty-three thousand one hundred and sixty-eight dollars.

SEC. 2. And be it further enacted, That a sum not exceeding five hundred thousand dollars be appropriated towards defraying the expense of the Military Establishment, for the year one thousand seven hundred and ninety-five.

SEC. 3. And be it further enacted, That the several sums of money aforesaid shall be paid and discharged out of the funds following, to wit: First. The balance which may remain unexpended of the sum of six hundred thousand dollars, reserved by the act making provision for the Debt of the United States, after satisfying the appropriations made in the present session for the support of Government. Secondly. The surplus of revenue and income beyond the appropriations heretofore charged thereupon, to the end of the year one thousand seven hundred and ninety-five.

Approved, December 31, 1794.

An Act making appropriations for the support of Government for the year one thousand seven hundred and ninety-five.

Be it enacted, &c., That, for defraying the expenditure of the Civil List of the United States for the year one thousand seven hundred and ninetyfive, together with the incidental and contingent expenses of the several Departments and offices thereof, there be appropriated a sum of money not exceeding four hundred and thirty-two thousand seven hundred and forty-nine dollars and fiftythree cents; that is to say:

For the compensations granted by law to the President and Vice President of the United States. thirty thousand dollars.

For the like compensations to the members of the Senate and House of Representatives, their officers and attendants, estimated for a session of six months' continuance, one hundred and eightyfive thousand eight hundred and ninety dollars.

For the expenses of firewood, stationery, printing work. and all other contingent expenses of the two Houses of Congress, nine thousand five hun

dred dollars.

For compensation to the Secretary of State clerks, and persons employed in that Department. seven thousand seven hundred and fifty dollars.

For expenses of stationery, printing, and all other contingent expenses in the office of the Se cretary of the Treasury, five hundred dollars.

For compensation to the Comptroller of the Treasury, clerks, and persons employed in his office, ten thousand two hundred dollars.

For expense of stationery, printing, and all other contingent expenses in the Comptroller's office, eight hundred dollars.

For compensation to the Treasurer, clerks, and persons employed in his office, four thousand one hundred dollars.

For expense of firewood, stationery, printing. rent, and other contingencies in the Treasurer's office, six hundred dollars.

For compensation to the Auditor of the Treasury, clerks, and persons employed in his office. eleven thousand four hundred and fifty dollars.

For expense of stationery, printing, and other contingent expenses in the Auditor's office, five hundred dollars.

For compensation to the Commissioner of the Revenue, clerks, and persons employed in his of fice, six thousand one hundred and fifty dollars.

For expense of stationery, printing, and other contingent expenses in the office of the Commis sioner, four hundred dollars.

For compensation to the Register of the Treasury, clerks, and persons employed in his office, fifteen thousand five hundred dollars.

For expense of stationery, printing, and all other contingent expenses in the Register's office, (in cluding books for the public stocks,) two thousand

four hundred dollars.

For the payment of rent for the several houses employed in the Treasury Department, (excep the Treasurer's office,) one thousand nine hundred and forty-six dollars and sixty eight cents.

For expense of firewood and candles in the ser eral offices of the Treasury Department, (except the Treasurer's office,) one thousand five hundred

dollars.

For defraying the expense incident to the stat ing and printing the public accounts for the year one thousand seven hundred and ninety-five, eight

hundred dollars.

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