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Acts of Congress.

against him for any debt, damages, or costs, con- ance the said court may, by a like general order, tracted, owing or growing due before his discharge increase or diminish from time to time, as circumas aforesaid, the court before whom such process stances may require. And no person taken in

shall be returned or returnable, or any judge thereof, shall discharge such debtor; and it any such debtor shall be arrested or imprisoned on any process for the recovery of any debt, damages, or costs contracted, owing or growing due before his discharge as aforesaid, the court before whom such process shall be returned, or returnable, or any judge thereof, shall discharge such debtor out of custody, on his common appearance being entered, without special bail: Provided, and it is the true intent and meaning of this act, that no discharge whatever under this act shall be construed or taken as a discharge of any other person from any debt, contract or engagement of any kind or nature soever.

SEC. 11. And be it further enacted, That when the acting judge shall, as above prescribed, give to the marshal an order for the discharge of a debtor, it shall be the duty of the said judge to lodge with the clerk of the county in which the discharge shall take place, a certificate in the following words, viz: "I do hereby certify, that I have this day, ordered the Marshal of the District of Columbia, to discharge from imprisonment A. B., an insolvent debtor, agreeably to the act of the Congress of the United States, entitled, "An act for the relief of insolvent debtors within the District of Columbia;" which said certificate shall be recorded by the said clerk, and a copy thereof under seal, shall be received, in evidence in any court of law in the United States.

SEC. 12. And be it further enacted, That if any of this act in judge before whom the operation of any particular case shall have been commenced, shall die, resign his office, or become disqualified, the proceedings may be completed by any other judge of the said court, in the same manner as if they had been originally commenced before him. SEC. 13. And be it further enacted, That the

of the

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execution for debt or damages in a civil suit, shall be detained in prison therefor, unless the creditor, his agent, or attorney, shall, after demand thereof by the marshal, pay, or give such security, as he may require to pay, such daily allowance and the prison fees: Provided, That a release from prison for want of such payment or security, shall not discharge the debt; but the body of the debtor shall never be again taken in execution therefor.

SEC. 16. And be it further enacted, That the said court may cause to be marked and laid out, reasonable bounds of the prisons in the said District, to be recorded in the same court; and, from time to time, may renew, enlarge, or diminish, the same. And every prisoner not committed for treason or felony, giving such security to keep within the said bounds, as any judge of the said court shall approve, shall have liberty to walk therein, out of the prison, for the preservation of his health; and, keeping continually within the said bounds, shall be adjudged in law a true prisoner.

SEC. 17. And be it further enacted, That the provisions of this act shall not be construed to extend to any debtor who is, or shall be, imprisoned at the suit of the United States, nor to alter, lessen, or impair, the right of the United States, to be first satisfied out of the estates of persons indebted to them; nor to any debtor who has not resided within the District of Columbia one year next preceding his said application. Approved, March 3, 1803.

An Act directing a detachment from the militia of the
United States, and for erecting certain arsenals.

Be it enacted, &c., That the President of the United States be, and he is hereby, authorized, whenever he shall judge it expedient, to require of the Executives of such of the States as he may deem expedient, and from their local situation shall be most convenient, to take effectual measures to organize, arm, and equip, according to law, and hold in readiness to march at a moment's warning, a detachment of the militia, not exceeding eighty thousand, officers included.

appointment debtor, the application trustee, the deed from the debtor to the trustee, the several claims exhibited to the trustee, and the amount of sales of the debtor's property, shall be transmitted to, and recorded by the clerk of the county in which the debtor was confined at the time of his application; copies of which, under SEC. 2. Be it further enacted, That the Presiseal, shall be received as evidence in any court of dent may, if he judges it expedient, authorize the law in the United States, and the clerk shall receive the same fees as are fixed by law for the Executives of the several States, to accept, as part like services in other cases, to be paid by the trus- of the detachment as aforesaid, any corps of voltee out of the first proceeds of the debtor's estate unteers, who shall engage to continue in service for such time, not exceeding twelve months, and that may come into his hands.

SEC. 14. And be it further enacted, That no perform such services as shall be prescribed by

discharge of an insolvent debtor under this act law.
shall have a greater effect in any particular State,
than if such debtor had been discharged under the
- insolvent debtor's law of any other State.

SEC. 15. And be it further enacted, That the
by a general order to be entered on the records of
circuit court of the District of Columbia, shall,
the said court, fix the daily allowance for the sup-
port and maintenance of prisoners in execution
for debt or damages in civil suits, which allow-

SEC. 3. Be it further enacted, That the detachment of militia and volunteer corps, as aforesaid, shall be officered out of the present militia officers, or others, at the option and discretion of the Con the President of the United States apportioning stitutional authority in each State respectively: the general officers among the respective States as he may deem proper.

SEC. 4. And be it further enacted, That one

Acts of Congress.

million five hundred thousand dollars be appropriated for paying and subsisting such part of the troops aforesaid, whose actual service may be wanted; for the purchase of ordnance and other military stores; and for defraying such other expenses as, during the recess of Congress, the President may deem necessary, for the security of the territory of the United States; to be applied under the direction of the President, out of any money in the Treasury not otherwise appropriated.

SEC. 5. And be it further enacted, That twenty-five thousand dollars be appropriated for erecting, at such place or places on the western waters as the President may judge most proper, one or more arsenals; and that the President cause the same to be furnished with such arms, ammunition, and military stores, as he may deem necessary.

Approved, March 3, 1803.

An Act to alter the time of holding the court of the United States in Kentucky district.

Be it enacted, &c., That, from and after the first day of April oril next, the sessions of the court of the United States for Kentucky district, shall commence on the first Mondays in March, July, and November, in every year; any law to the contrary notwithstanding.

SEC. 2. And be it further enacted, That all suits, process, and proceedings, of what nature or kind soever, pending in, or made returnable to, the said court, shall, after the said first day of April next, be continued over until the next court to be held in conformity to this act. Approved, March 2, 1803.

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acres of land, to be located in the manner, and within the boundaries, of the tract designated by the act to which this act is a supplement, and shall receive a patent for the same, in the manner directed by the said last-mentioned act.

Approved, March 3, 1803.

An Act to make provision for persons that have been disabled by known wounds received in the actual service of the United States, during the Revolutionary war.

Be it enacted, &c., That any commissioned officer, non-commissioned officer, soldier, or seaman, disabled in the actual service of the United States, by wounds received during the Revolutionary war, and who did not desert the said service, shall be entitled to be placed on the pension list of the United States during life: Provided, That, in substantiating the claims thereto, the rules and regulations following shall be complied with:

First. All evidence shall be taken on oath or affirmation before the judge of the district in which such invalid resides, or before some person specially authorized by commission from the said judge.

Secondly. The evidence relative to any claimant, must prove decisive disability to have been the effect of known wounds received while in the actual line of his duty, in the service of the United States, during the Revolutionary war; that this evidence must be the affidavits of the commanding officer or surgeon of the ship, regiment, corps, or company, in which such claimant served, or two other credible witnesses to the same effect, setting forth the time and place of such known wound.

Thirdly. Every claimant shall be examined on oath or affirmation, by some respectable physician or surgeon, to be authorized by commission from the said judge, who shall report in writing his opinion, upon oath or affirmation, of the nature of said disability, and in what degree it prevents the claimant from obtaining his livelihood.

Fourthly. Every claimant must produce evidence of his having continued in the service of the United States to the conclusion of the war, in seventeen hundred and eighty-three, or being left out of the service in consequence of his disability, or in consequence of some derangement of the army, and of the mode of life or employment he has since followed, and of the original existence and continuance of his disability.

Fifthly. Every claimant must show satisfactory cause, to the said judge of the district, why he did not apply for a pension in conformity to laws heretofore passed, before the expiration of the limitation thereof.

SEC. 2. And be it further enacted, That the said judge of the district, or person by him commissioned as aforesaid, shall give to each claimant a transcript of the evidence and proceedings had, respecting his claim; and shall also transmit a list of such claims, accompanied by the evidence herein directed, to the Secretary of the Department of War, in order that the same may be examined, and if correct, agreeably to the intent and meaning of this act, the said applicants are thenceforth to be placed on the pension list of the United States: Provided, That in no case a pension shall commence before the first day of January, eigh teen hundred and three, except so far as to offset the commutation of half-pay received by such officer, in which case the proper officer is to calculate the pension from the first day of January, seventeen hundred and eighty-four.

Acts of Congress.

SEC. 3. And be it further enacted, That the pensions allowed by this act shall be estimated in the manner following, that is to say: a full pension to a commissioned officer shall be considered one-half of his monthly pay as by law established, and the proportions less than a full pension shall be the like proportions of half-pay. And a full pension to a non-commissioned officer, private soldier, or seaman, shall be five dollars per month, and the proportions less than a full pension shall be the like proportions of five dollars per month, but no pension of a commissioned officer shall be calculated at a higher rate than the half-pay of a lieutenant colonel.

SEC. 4. And be it further enacted, That the pensioners, becoming such in virtue of this act, shall be paid in the same manner as invalid pensioners are paid, who have heretofore been placed on the pension list of the United States, under such restrictions and regulations, in all respects, as are prescribed by the laws of the United States, in such cases provided.

Approved, March 3, 1803.

An Act in addition to an act, entitled "An act to amend the Judicial system of the United States."

Be it enacted, &c., That the circuit court of the second circuit shall consist of the justice of the Supreme Court residing within the third circuit, and the district judge of the district where such court shall be holden.

In the third circuit, the said circuit court shall consist of the senior associate justice of the Supreme Court residing within the fifth circuit, and the district judge of the district where such court

shall be holden.

SEC. 2. And be it further enacted, That, from all final judgments or decrees in any of the district courts of the United States, an appeal, where the matter in dispute, exclusive of costs, shall exceed the sum or value of fifty dollars, shall be allowed to the circuit court next to be helden in the district where such final judgment or judg ments, decree or decrees, may be rendered; and the circuit court or courts are hereby authorized

and required to receive, hear, and determine such appeal; and that from all final judgments or decrees rendered or to be rendered in any circuit court, or in any district court acting as a circuit court, in any cases of equity, of admiralty and maritime jurisdiction, and of prize or no prize, an appeal where the matter in dispute, exclusive of costs, shall exceed the sum or value of two thousand dollars, shall be allowed to the Supreme Court of the United States, and that upon such appeal, a transcript of the libel, bill, answer, depositions, and all other proceedings of what kind soever, in the cause, shall be transmitted to the said Supreme Court; and that no new evidence shall be received in the said court, on the hearing of such appeal, except in admiralty and prize causes, and that such appeals shall be subject to the same rules, regulations, and restrictions, as are prescribed in law in case of writs of error; and that the said Supreme Court shall be, and hereby is, authorized and required to receive, hear, and determine such appeals. And that so much of the nineteenth and twenty-second sections of the act of Congress, entitled "An act to establish the Judicial courts of the United States," passed on the twenty-fourth day of September, one thousand seven hundred and eighty-nine, as comes within the purview of this act, shall be, and the same is hereby, repealed. Approved, March 3, 1803.

An act authorizing the transfer of the duties of Supervisor to any other officer.

Be it enacted, &c., That the President of the United States be, and he hereby is, authorized to attach the duties of the officer of supervisor in any district to any other officer of the Government of the United States, within such district, who shall give bond for the performance of the duties imposed on him by this act, in the same manner and under the same penalties as were heretofore provided in the case of supervi

sors.

SEC. 2. And be it further enacted, That, for the discharge of the duties of supervisor, which may be thus attached to another office, by virtue of this act, there shall be allowed to the officer exercising the same, the commissions to which the supervisor is now entitled by law, together with such sum for clerk hire, not exceeding the allowance fixed by law for the supervisor, and such salary not exceeding two hundred and fifty dollars per annum, as the President of the United States shall deem a sufficient compensation.

Approved, March 3, 1803.

INDEX

TO THE PROCEEDINGS AND DEBATES OF THE SECOND SESSION OF
THE SEVENTH CONGRESS.

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Lands, motion made respecting, in the North-
west Territory

Mississippi river, the navigation of the, under

consideration

83, 91, 105, 152, 208

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agreed to, committee appointed to prepare a

bill

bill reported

a bill respecting Tennessee lands, received

208

petition of William Marbury and others 36, 44
on the memorial of certain U. S. Judges 52, 73
on the Mississippi question

185

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