Imágenes de páginas

be delivered to the governor and to the secretary of the territory north west of the Ohio, and to each of the judges thereof; one set shall be delivereci to each collector', naval officer and surveyor, and to each suipervisor and inspector of the revenue, in the united states. [Seç antea 3.]

6. Sect. I. In case of the death, resignation, or dismission from office, of either of the officers before mentioned, excepting the president and vice president of the united states, the members of the senate, and house of representatives, and the judges of the supreme and district courts, the said copies of the laws of the united states, deliverud to thern as aforesaid, shall belong to their respective successors in the said offices.

ACT of March 2, 1799. (Vol. IV. p. 487.) 7. Secr.l. The secretary of state shall, as soon as conveniently may be, after he shall receive any order, resolution or law passed by congress, cause the same to be published at least in one of the public news papers printed within each state ; and whenever in any state, the aforesaid publication shall be found not sufficiently extensive for the promulgation thereof, the secretary of state shall cause such orders, resolutions and laws to be published in a greater number of news papers printed within such state, not exceerling three in any state.

8. SECT. II. In addition to the number of copies of the laws now required to be printed, at the end of every session of congress, there shall be printed, under the direction of the secretary of state, five thousand copies; one copy whereof he shall cause to be delivered to each of the judges of the courts of the united states; one copy to the clerks of the said courts respectively, for the use of the said courts ; and one copy to each of the district aitornies and marshals of the united states: The rest to be furnished accorcing to the rule for apportioning representatives to the several states, and sent to the executives thereof, to be by them distributed according to the usage of the states, respectively, as to their own laws, or according to such laws oi the states, respectively, as may be provided for the purpose. [Sce antea 3.]

Sect. III. Temporary.
Sect. IV. is a repealing clause.

[See Judiciary' 34. Militia 16, 24. Siate De artment 10. Tirritory 9, 4.]


Contefed eletions
Witneyes, by quhem fummoned
dancer of forving jummons
Perally on not attending
Notification 10 ihe opposite party
Wirneljes to be examined on oaik
Tefiimony to be redure! 10 writing
And orariwild to clerk, &c.
there juge, cc. is krible to attend
Twa judices of the peace may ad
Aliavance to worinelles
bees to sets empieged


Number of representatives
Library established
Regulations, how made
Prefident to appoint a librarian
Who shall give bend, &c.
No maps to be taken cut
Who may take out books
Cunipenfation of librarian
Delegates admitted, &c. in future
Their letters, &c. free
Compensation, &c.

ACT of January 23, 1798. (Vol. IV. p. 56.) 1. SECT. !. Where any person, from and after the passing of this aét, shall intend to contest an election for any member or members of the house of representatives of the united states, or to support any such election so intended to be contested, and shall be desirous of

obtaining testimony respecting such election, it shall be lawful for such 1. person to make application to any judge of the courts of the united

states, or to any chancellor, justice, or judge of a superior or county court, or court of common pleas of any state, or to ans mayor, recorder or intendant of a town or city, who shall, thereupon, issue his warrant of summons, directed to all such witnesses as shall be named to him by such applicant, or his agent duly authorized for that purpose, and requiring the ultendance of such witnesses, before him, at some convenient time and place, to be expressed in the warrant, in order 10 be then and there examined, in the manner herein after provided, touching the subject matter of the aforesaid application.

2. Sect. II. Every such witness, as is above mentioned, shall be duly served with such warrant, by a copy thereof being delivered to | him, or her, or leli at his or her usual place of abode ; and such ser

vice shall be made a convenient time before the day on which the attendance of such witness is required, which time the magistrate issuing the warrant is hereby authorized and required to fix, for each witness, at the time of issuing it, having respect to the circumstances of such witness, and the distance of his or her residence from the place of attendance.

3. Sect. III. Any person, being summoned in the manner above directed, and refusing or neglecting to attend, pursuant to such summons, unless in case of sickness, or other unavoidable accident, shall forfeit and pay the sum of twenty dollars, to be recovered, with costs of suit, by the party at whose instance the warrant of summons was issued, and for his usc, by action of debt in any court, or before any other tribunal of the united states, or any state, having jurisdiction to. the amount of such penally:

4. Sect. IV. The magistrate issuing the aforesaid warrant of summons, shail, at the time of issuing it, cause to be made cat, under

his hand, and delivered to the said applicant,or his agent authorized as aforesaid, a notification directed to the opposite party, and stating the time and object of the aforesaid application, the name of the appli. cant, and the time and plaie fixed for the examination of the witnesses ; which notification the said applicant, or his agent as aforesaid, shall cause to be served on the said opposite party, by delivering to him, or leaving at his usual place of abode, a copy thereof, a convenient time before the day fixed for the aforesaid examination ; which time the magistrate granting the said notification shall fix, at the time of granting it, having respect to the distance of the said party's place of residence from that appointed for the examination; which examination shall not be proceeded in, unless proof be made by affidavit in writing, of the due service of such notification, or unless the party on whom such service is hereby directed to be made, shall attend at the time and place aforesaid, by himselfor his agent duly authorized; and consent to the said examination; which consent shall be certified by the magistrate.

5. Sect. V. All witnesses who shall attend, pursuant to the sail suinmors, and all tier witnesses who shall be produced at the time and place aforesak!, by either of the parties, or their or either of their agents duly autiorized, shall then and there be examined on oath or affirmation, by the magistrate, who issued the warrant of summons aforesaid, or, in case of his absence, by any other such magistrate as is authorized by this act to issue such warrant, touching all such mat. ters and things respeciing the election about to be contested, as shall be proposed by either of the parties aforesaid, or by their, or either of their agents duly authorized; the testimony given on which examination, together with the questioris proposed by the parties aforesaid, or their agents, or either of them, to the witnesses, respectively, the said magistrate is hereby authorized and required to cause to be reduced to writing, in his presence, and in the presence of the parties or their agents, if attending, and to be duly attested by the witnesses, respec. tively: After which, he shall transmit the said westiniony, duly certined under his hand, covered and sealed up, to the clerk of the house of representatives of the united states, for the time being, together with a copy of the warrant of summons and notification issued in that behalf, and the original affidavit proving the service of such notification,

6. SECT. VI. In case any judge, justice, chancellor, mayor, recorder or intendant as is aforesaid, to whom the application herein mentioned shall be made, shall, by reason of sickr.css, necessary absence, or unavoidable accident, be rendered unable to attend at the time and place fixed for the examination aforesaid, it shall be lawful for him to certify the matter, and the proceedin; js had by him in that behalf, to any other magistrate of any of the descriptions aforesaid, which said magistrate, thereupon, shall be, and hereby is authorized to attend at such tiine and place, and to proceed touching the said examinations, in all respects, as the magistrate issuing the warrant of summons might hare done, by virtue of this act.

7. SECT. VII. Where no such magistrate as is herein authorized to receive applications as aforesaid, and proceed upon isein, shall reside within any district for which an election about to be contested shall have been held, it shall be lawful to make such application to any two justices of the peace residing within the sail Listries who are hereby authorized in such case, to receive such application, and jointly to proceed upon it in the manner herein before directed.

8. SECT. VIII. Every witness attending by virtue of such warrant of summons as is herein directed to be issued, shall be allowed the sum of seventy-five cents for each day's atiendance, and the further sum of five cents, for every mile necessarily travelled in going and returning, which allowance shall be ascertained and certified by the magistrate taking the examination, and shall be paid by the party at whose instance such witness was summoned: And such witness shall have an action for the recovery of the said allowance, before any court or magistrate having competent jurisdiction, according to the laws of the united states, or of any state, in which action the certificate of the magistrate taking the said examination shall be evidence.

9. Sect. IX. Each judge, justice, chancellor, mayor, recorder, intendant and justice of the peace, who shall be necessarily employed, pursuant to the direclions of this act, and all sheriffs, constables, or other oificers who may be employed to serve any of the warrants of summons or notifications herein provided for, shall have and receive from the party, at whose instance such service shall have been performed, such fee or fees, as are or may be allowed for similar services in the states wherein such service shall be rendered, respectively.

Sect. X. limits this act to the end of the first session of the sixth congress and no longer : But by an act pussed April 22, 1800, (Vol. V. p. 92.) it is coniinued in force for the term of four years, and no longer.

ACT of January 14, 1802. (Vol. VI. p. 3.) 10. From and after the third day of March, one thousand eight hundred and three, the house of representatives shall be composed of mennbers elected agreeably to a ratio of one member for every thirty-three thousand persons* in each state, computed according to the rule prescribed by the constitution ; that is to say: Within the state of NewHampsbire, five; within the state of Massachusetts, seventeen; within the state of Vermont, four; within the state of Rhode Island, two ; within the state of Connecticut, seven ; within the state of New York, seventeen; within the state of New-jersey, six ; within the state of Pennsyivania, eighteen ; within the state of Delaware, one ; within

the state of Marvland, nine; within the state of Virginia, twenty-two ; i within the state of North-Carolina, twelve ; within the state of South

Carolina, cigit; within the state of Georgia, four; within the state of Kentucky, six; and within the state of Tennessee, three members,

* See the census in Appendix, pages 142, 143.

ACT of January 26, 1802. (Vol. VI. p. 4.) 11. Sect. I. The books and maps purchased by direcion of the act of congress, passed the twenty-fourth of April, one thousand eight hundred, together with the books or jibraries which have heretofore been kept separately by each house, shall be placed in the capitol, in the room which was occupied by the house of representatives, during the last session of the sixth congress. [See Columbia District 19.]

12. SECT. II. The president of the senate and speaker of the house of representatives, for the time being, shall be, and they hereby are empowered to establish such regulations and restrictions in relation to the said library, as to them shall seem proper, and from time to time, to alter or amend the same : Provided, That no regulation shall be made repugnant to any provision contained in this act.

13. Sect. III. A librarian to be appointed by the president of the united states solely, shall take charge of the said library, who, previous to his entering upon the duties of his office, shall give bond, parable to the united states, in such a sum, and with such security as the president of the senate and speaker of the house of representatives, for the time being, may deem sufficient, for the safe keeping of such books, maps and furniture as may be confided to his care, and the faithful discharge of his trust, according to such regulations as may be, from time to time, established for the government of the said library; which said bond shall be deposited in the office of the secretary of the senaie.

14. Sect. IV. No map shall be permitted to be taken out of the said library by any person ; nor any book, except by the president and vice president of the united states, and members of the senate and house of representatives, for the time being.

1.5. SECT. V. The keeper of the said library shall receive for his services, a sum not exceeding two dollars per diem, for every day of necessary attendance; the anıout whereof, together with the necessary expenses incident to the said Jibrary, after being ascertained by the president of the senate and speaker of the house of representatives, for the time being, shall be paid out of the fund annually appropriated for the contingent expenses of both houses of congress.

16. Sect. VI. The unexpended balance ofthe sum of five thousand dollars appropriated by the act of congress aforesaid, for the purchase of books and maps for the use of the two houses of congress, together with such sums as may hereafter be appropriated to the same purpose, shali be laid out under the rlirection of a joint committee, to consist of three members of the senate, and three members of the house of representatives.

ACT of February 18, 1802. (Vol. VI. p. 10.) 17. Any person admittedl, or who may hereafter be admitted to take a seat in congress, as a delegate, shall enjoy 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, en

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