constables,&c. shal to receive Where jurors shal shall receive, for the use of the officers employed in sumare drawn by moning the jurors and returning the venire, the sum of two dolaccording to lars, and for his own trouble in distributing the venire, the sum the laws of a of two dollars; for attending the supreme or circuit court, five state, the mar- dollars per day; and for attending the district court, where such court has the powers and cognizance of a circuit court, five dollars per day; and for attending the district courts in other cases, Vol. ii. p.1423. four dollars per day; and at the rate of ten cents per mile for Vol. iii. p. his travel from the place of his abode to either of the said courts: for all other services, not herein enumerated, except as shall be hereafter provided, such fees and compensations as are allowed in the supreme court of the state where such services are renderAnnual sum of ed: and the annual sum of two hundred dollars, as a full com200 dollars for pensation for all extra services, shall be allowed to each marshal extra services, for the districts of Tennessee, Kentucky, New Hampshire, Vermont, and Maine. 1936. to the marshals mentioned. Vol. ii. p.1075. § 2. That when a deputy marshal, who shall be duly appointDeputy mar- ed by the marshal of any district, shall reside and be more than shals residing at a distance of twenty miles from the place where the district judge of such dismore than 20 trict shall reside and be, the oath of office required of such demiles from the puty, before he enters on the discharge thereof, may be adminisdistrict judge, tered and taken by and before any judge or justice of any state requisite oath Court within the same district, or before any justice of the peace, having authority therein, and, being certified by him to the said district judge, shall be as effectual as if administered or taken before such district judge. may take the before state judge, &c. Compensation the supreme, &c. § 3. That the compensation to the clerk of the supreme court to the clerks of of the United States shall be as follows, to wit: for his attendcircuit, and ance in court, ten dollars per day; and for his other services, district courts, double the fees of the clerk of the supreme court of the state in which the supreme court of the United States shall be holden. To the clerks of circuit and district courts in each state, respectively, the same fees as are allowed in the supreme court of the said state, with an addition thereto of one third of said fees, and five dollars per day for his attendance at any circuit or district court, and at the rate of ten cents per mile for his travel from the place of his abode to either of said courts; and in case a clerk of a court of the United States perform any duty which compensation, is not performed by the clerks of the state, and for which the by the court, for clerk's perlaws of the state make no provision, the court in which such serforming duties vice shall be performed shall make a reasonable compensation not performed, therefor. And in all cases of admiralty jurisdiction, the clerk of District clerk's the district court shall be allowed the same fees as are prescribed by the second section of an act, passed the first day of March, ralty cases, as one thousand seven hundred and ninety-three, entitled "An act prescribed, &c. Vol. i. p. 309. to ascertain the fees in admiralty proceedings in the district courts of the United States, and for other purposes." Reasonable &c. fees in admi torneys. Compensation 4. That the compensation to the attorneys of the respective to district at districts of the United States shall be as follows, to wit: for each day which any such attorney shall necessarily attend on business of the United States, during the session of any district or circuit court, five dollars; for travelling from the place of his abode to such court, ten cents per mile; and such fees in each state, re Vol. ii. p. 1423. Vol. iii. p. 1936. spectively, as are allowed in the supreme court thereof; and in the district courts, his stated fees in the cases herein mentioned shall be as follows, to wit: for drawing interrogatories, five dollars; for drawing and exhibiting libel, claim, or answer, six dollars; and for all other services in any one cause, six dollars. And the annual sum of two hundred dollars, as a full compensa- Annual sum of tion for all extra services, shall be allowed and paid by, the Unit- 200 dolls. for ed States, to each district attorney for the districts of Maine, of attorneys in New Hampshire, Vermont, Rhode Island, Connecticut, New Jer- the districts sey, Delaware, Virginia, North Carolina, Georgia, Kentucky, mentioned. and Tennessee. extra services § 5. That all services in criminal cases, performed by the Compensation to the attorney attorney for the district of Virginia, and for which no fees are of the district allowed by law for similar services in the courts of that state, of Virginia, in he shall be allowed such sum or sums as the court in which the criminal cases, &ć. same is rendered shall consider a reasonable compensation therefor. § 6. That the compensation to jurors and witnesses, in the Compensation courts of the United States, shall be as follows, to wit: to each to jurors and witnesses. grand and other juror, for each day he shall attend in court, one dollar and twenty-five cents; and for travelling, at the rate of five cents per mile, from their respective places of abode to the place where the court is holden, and the like allowance for returning; to the witnesses summoned in any court of the United States, the same allowance as is above provided for jurors. § 7. That the respective courts of the United States shall ap- Cryers, and point cryers for their courts, to be allowed the sum of two dol- persons to attend the julars per day; and that the marshals be, and they are hereby, ries; their authorized to appoint such a number of persons, not exceeding compensation, three, as the judges of their respective courts shall determine, to attend upon the grand and other jurors, and for other necessary purposes, who shall be allowed for their services the sum of two dollars per day, to be paid by, and included in the acCounts of, the marshal, out of any money of the United Cates in his hands. &c. &c. § 8. That if any informer on a penal statute, and to whom Informers, disthe penalty, or any part thereof, if recovered, is directed to ac- continuing, nonsuited, &c. crue, shall discontinue his suit or prosecution, or shall be non- to be alone liasuited in the same, or if, upon trial, judgment shall be rendered ble for the fees in favor of the defendant, unless the informer be an officer of to the clerks, the United States, he shall be alone liable to the clerks, marshals, and attorneys, for the fees of such prosecution; but if The United such informer be an officer whose duty it is to commence such States responprosecution, and the court shall certify, there was reasonable informer is an ground for the same, then the United States shall be responsible officer, &c. for such fees. sible where 9. That the third section of an act, passed on the eighth Parts of the day of May, one thousand seven hundred and ninety-two, enti- acts mentioned repealed. tled "An act for regulating process in the courts of the United Vol. i. p. 257. States, and for providing compensations for the officers of said courts, and for jurors and witnesses," and the second section of an act passed on the first day of June, one thousand seven hundred and ninety-six, entitled "An act making an appropriation ch.48. Act of 1796, Obsolete. Vol. i. p. 525. Part of the to satisfy certain demands attending the late insurrection, and to increase the compensations to jurors and witnesses in the courts of the United States," be, and they are hereby, repealed. [Approved, February 28, 1799.] CHAP. [126.] An act to amend the act, entitled "An act to provide for the valua tion of lands and dwelling houses, and the enumeration of slaves within the United States." § 1. Be it enacted, &c. That so much of the act, entitled "An former act re- act to provide for the valuation of lands and dwelling houses, pealed. and the enumeration of slaves within the United States," as requires that the lists to be delivered in pursuance of the ninth section thereof, shall specify, in respect to dwelling houses, "the number and dimensions of their windows," shall be, and hereby is, repealed. Extension of of the former act respecting appeals, and 2. That the commissioners under the said act, for each state, the provisions respectively, shall be, and hereby are, authorized to extend the time thereby allowed for receiving appeals by the principal assessors, and also the time so allowed for returning lists by the assistant assessors, in all cases where the said commissioners shall deem such extension necessary, and for such time as they shall think expedient; and that so much of the twentieth section of the abovementioned act as requires all appeals to be made in writing, be, and it is hereby, repealed. the time of returning lists, &c. Compensa- Repealed. Vol. ii. p. 861. hereafter, at Process issu §3. That the secretary of the treasury shall be, and hereby is, authorized and empowered, under the direction of the president of the United States, to augment, in cases where he may find it necessary, the compensations fixed for principal and assistant assessors, by the said act, so, however, as that no principal or assistant assessor shall, in any case, receive more than two dollars per day; which additional compensations shall be subject to the same rules of settlement as are established by the aforesaid act respecting the compensations therein fixed for principal and assistant assessors. [Approved, February 28, 1799.] CHAP. [127.] An act altering the time of holding the district court in Vermont. § 1. Be it enacted, &c. That the session of the district court for the district of Vermont, by law appointed to be holden at Rutland in said district, on the first Monday of May, annually, shall hereafter be holden, at Rutland in the said district, on the second Monday of May, annually. § 2. That all process which shall have been issued, and all recognizances returnable, and all suits and other proceedings which have been continued, to the said district court, on the first ed, &c. to be Monday of May next, shall be returned and held continued to the said court, on the second Monday of May next. [Approved, February 28, 1799.] returned, &c. CHAP. [128.] An act to regulate the collection of duties on imports and tonnage (a). District of New Hampshire; ports of § 1. Be it enacted, &c. That the state of New Hampshire shall be one district, to be called the district of Portsmouth, of which the town of Portsmouth shall be the sole port of entry, and the towns of New Castle, Dover, and Exeter, ports of delivery only; livery; collec entry and de Districts in but all ships or vessels, bound to or from either of the said ports tor, &c. Vol. i. p. 812. of delivery, shall first come to, enter and clear at Portsmouth; Vol. p and a collector naval officer, and surveyor, for the said district, 1336. shall be appointed, to reside at Portsmouth; and the authority Exent of offiof the officers of the said district shall, for the purposes of this act, cers'authority. extend to the northern boundary line of the said state of New Vol. iii. p. Hampshire, adjoining to the British colony of Lower Canada. 1836. § 2. That in the state of Massachusetts there shall be twenty- Massachu two districts and ports of entry, to wit: Newburyport, Ipswich, setts; Gloucester, Salem and Beverly, as one; Marblehead, Boston ports of entry and Charlestown, as one; Plymouth, Barnstable, Nantucket, collectors, &c. and delivery; Edgartown, New Bedford, Dighton, York, Biddeford and Pepperelborough, as one; Portland and Falmouth, as one; Bath, Wiscasset, Penobscot, Frenchman's Bay, Machias, Passamaquoddy, and Waldoborough. To the district of Newburyport District of shall be annexed the several towns or landing places of Alms. Newburyport. bury, Salisbury, Haverhill, and Newbury, which shall be ports of delivery only; and a collector, naval officer, and surveyor, for the district, shall be appointed, to reside at Newburyport. To District of the district of Gloucester shall be annexed the town of Manchester, as a port of delivery only; and a collector and surveyor shall be appointed for the district, to reside at Gloucester. To the district of Salem and Beverly shall be annexed the town or landing place of Danvers, as a port of delivery only; and a collector, naval officer, and surveyor, for the district, shall be appointed, to reside at Salem, and a surveyor, to reside at the town of Beverly. To the district of Marblehead shall be annexed the town District of of Lynn, as a port of delivery only; and a collector for the dis- Marblehead. trict shall be appointed, to reside at Marblehead. To the dis- District of trict of Boston and Charlestown shall be annexed the towns or Boston and Charlestown. Gloucester. District of Salem and Beverly. landing places of Medford, Cohasset, Hingham, and Weymouth, Vol. ii p. 958, as ports of delivery only; and a collector, naval officer, and sur- 984. veyor, for the district, shall be appointed, to reside at Boston. District of Barnstable. To the district of Plymouth shall be annexed the several towns Plymouth. or landing places of Scituate, Duxbury, and Kingston, as ports Vol. ii. p. of delivery only; and a collector for the district shall be appoint- 1193. ed, to reside at Plymouth. To the district of Barnstable shall be District of annexed the several towns or landing places of Sandwich, Falmouth, Hardwich, Wellfleet, Provincetown, and Chatham, as ports of delivery only; and a collector for the district shall be appointed, to reside at Barnstable. In the district of Nantucket, the port of Nantucket shall be the sole port of entry and delivery; and a collector for the district shall be appointed, to reside at Nantucket. In the district of Edgartown, a collector for the (a) Vol. iii. p. 1677, 1679, 1722, 1790, 1811, 1881, 1926. Vol. iv. p. 2113, 2139, 2159, 2178, 2201, 2248, 2317, 2338, 2340, 2343, 2517. District of Nantucket. District of 2313. District of New Bedford. Vol. i. p. 812. District of 812. District of Falmouth. District of Vol. iii. p. Wiscasset. nobscot. district shall be appointed, to reside at Edgartown. To the district of New Bedford shall be annexed Westport, Rochester, and Wareham, as ports of delivery only; and a collector for the district shall be appointed, to reside at New Bedford. To the dis trict of Dighton shall be annexed Swansey, Somerset, Freetown, Berkeley, and Taunton, as ports of delivery only; and a collecttor for the district shall be appointed, to reside at Dighton. To the district of York shall be annexed Kittery and Berwick, as ports of delivery only; and a collector for the district shall be appointed, to reside at York. To the district of Biddeford and Biddeford, &c. Pepperelborough shall be annexed Scarborough, Wells, KenneVol. i. p. 777, bunk, and Cape Porpoise, as ports of delivery only; and a collector for the district shall be appointed, to reside at Biddeford. To the district of Portland and Falmouth shall be annexed North Portland and Yarmouth, Brunswick, Freeport, and Harpswell, as ports of delivery only; and a collector and surveyor shall be appointed for the district, to reside at Portland. To the district of Bath shall be annexed Hallowell, Pittstown, Topsham, Georgetown, and Brunswick, as ports of delivery only; and a collector for the district shall be appointed, to reside at Bath. To the district of Wiscasset shall be annexed the town of Boothbay, as a port of delivery only; and a collector for the district shall be appointed, Vol. i. p. 777. to reside at Wiscasset. To the district of Penobscot shall be District of Pe- annexed Frankfort, Blue Hill, Hampden, and Deer Island, as ports of delivery only; and a collector for the district shall be appointed, to reside at Castine; which shall be the port of entry for the said district. To the district of Frenchman's Bay shall be annexed Union river, as a port of delivery only; and a collector for the district shall be appointed, to reside at Frenchman's Bay. For each of the districts of Machias and Passamaquoddy, shall be appointed a collector, to reside at the said ports of Machias and Passamaquoddy, respectively. To the district of Waldoborough shall be annexed the towns of Bristol, Nobleborough, Warren, Thomastown, Cushing, and Cambden; also that part of a place called Ducktrap, which lies between the towns of Cambden and Northport, as ports of delivery only; and a collector for the district shall be appointed to reside at Waldoborough, and a surveyor, to reside at Thomastown. The districts in Mas- trict of Ipswich shall include the town of Ipswich, as a port of entry only; and a collector for the district shall be appointed, to reside at Ipswich. The district of Newburyport shall include all the waters and shores from the state of New Hampshire to the north line of Ipswich. The district of Gloucester shall include all the waters and shores in the towns of Gloucester and Manchester. The district of Salem and Beverly shall include all the shores and waters within the towns of Beverly, Salem, and Danvers. The district of Marblehead shall include all the waters and shores within the towns of Marblehead and Lynn. The district of Boston and Charlestown shall include all the waters and shores within the counties of Middlesex, Suffolk, and Norfolk. The district of Plymouth shall include all the waters and shores within the county of Plymouth, excepting the town of Wareham and Rochester. The district of Barnstable shall Vol. ii. p. 119. Districts of Machias and dy. Vol. ii. p. 892, District of Waldoborough. District of Ipswich. Limits of the several dis sachusetts. |