officor a lien upon lands, and sureties, from the date of a levy, &c. For want of goods, &c. lands, &c. may be sold. public places, county where the said goods or chattels were taken, or in the town or county where the owner of such goods or chattels reAmount due sides. And the amount due by any such officer as aforesaid by delinquent shall be, and the same is hereby declared to be, a lien upon the lands, tenements, and hereditaments, of such officer and his sureties, from the date of a levy in pursuance of the warrant of distress issued against him or them, and a record thereof made in the office of the clerk of the district court of the proper district, until the same shall be discharged according to law. And for want of goods and chattels of such officer, or his surety or sureties, sufficient to satisfy any warrant of distress issued pursuant to the provisions of this act, the lands, tenements, and hereditaments, of such officer, and his surety or sureties, or so much Three weeks' thereof as may be necessary for that purpose, after being advernotice of sale tised for at least three weeks in not less than three public places of lands, &c. at three public in the county or district where such real estate is situate, prior places. to the time of sale, may and shall be sold by the marshal of such Conveyance district or his deputy; and for all lands, tenements, or hereditaof the marshal ments, sold in pursuance of the authority aforesaid, the conveytitle to lands ance of the marshals or their deputies, executed in due form of sold, &c. law, shall give a valid title against all persons claiming under proceeds of such delinquent officer, or his surety or sureties. And all mosale, after sat- nies which may remain of the proceeds of such sales, after satrant and costs, isfying the said warrant of distress, and paying the reasonable costs and charges of the sale, shall be returned to such delinProviso ; sum- quent officer or surety, as the case may be: Provided, That the mary process summary process herein directed shall not affect any surety of sureties before any officer of the United States who became bound to the United States before the passing of this act; but each and every such officer shall, on or before the thirtieth day of September next, give new and sufficient sureties for the performance of the duties required of such officer. to give a valid Remainder of isfying war &c. pot to affect this act. Officers to give new sureties by the 30th Sept. 1820. After 30th Sept. 1820, officers em rendering ac the first or se cond comp and certify the the agent of 3. That, from and after the thirtieth day of September next, if any officer employed, or who has heretofore been employed, ployed to dis- in the civil, military, or naval departments of the government, to burse public moneys, being disburse the public money appropriated for the service of those delinquent, in departments, respectively, shall fail to render his accounts, or to counts or pay- pay over, in the manner, and in the times, required by law, or ing over, &c. the regulations of the department to which he is accountable, any sum of money remaining in the hands of such officer, it shall troller to state be the duty of the first or second comptroller of the treasury, as accounts, and the case may be, who shall be charged with the revision of the accounts of such officer, to cause to be stated and certified, the account of such delinquent officer, to the agent of the treasury, who is hereby authorized and required immediately to proceed distress, &c. against such delinquent officer, in the manner directed in the preceding section, all the provisions of which are hereby declared to be applicable to every officer of the government charged with the disbursement of the public money, and to their sureties, in the same manner, and to the same extent, as if they had Provise; the been described and enumerated in the said section: Provided, agent, with approbation of nevertheless, That the said agent of the treasury, with the approthe secretary bation of the secretary of the treasury, in cases arising under this the treasury to proceed against them by warrant of pone or the preceding section, may postpone, for a reasonable time, of the treas the institution of the proceedings required by this act, where, in proceedhis opinion, the public interest will sustain no injury by such ings, &c. postponement. may grant an to impair the 4. That if any person should consider himself aggrieved by Persons aggrieved may any warrant issued under this act, he may prefer a bill of com- prefer a bill of plaint to any district judge of the United States, setting forth complaint, &c. therein the nature and extent of the injury of which he comThe judge plains; and thereupon the judge aforesaid may, if in his opinion the case requires it, grant an injunction to stay proceedings on injunction. such warrant altogether, or for so much thereof as the nature of the case requires; but no injunction shall issue till the party ap- until bond and No injunction plying for the same shall give bond, and sufficient security, con- security. ditioned for the performance of such judgment as shall be awarded against the complainant, in such amount as the judge granting the injunction shall prescribe; nor shall the issuing of such Injunction not injunction in any manner impair the lien produced by the issuing lien of the of such warrant. And the same proceedings shall be had on such injunction as in other cases, except that no answer shall be necessary on the part of the United States; and, if, upon dissolving the injunction, it shall appear to the satisfaction of the judge who shall decide upon the same, that the application for the injunction was merely for delay, in addition to the lawful interest which shall be assessed on all sums which may be found due against the complainant, the said judge is hereby authorized to add such damages as that, with the lawful interest, it shall not exceed the rate of ten per centum per annum on the principal sum. 5. That such injunctions may be granted or dissolved by such judge, either in or out of court. warrant. Damages, if application for the injunction was merely for delay. Injunction, &c. either in or out of court. supreme court, grant relief. 6. That if any person shall consider himself aggrieved by Persons agthe decision of such judge, either in refusing to issue the injunc- district judge, grieved by the tion, or, if granted, on its dissolution, it shall be competent for may apply to such person to lay a copy of the proceedings had before the dis- a judge of the trict judge before a judge of the supreme court, to whom au- who may thority is hereby given either to grant the injunction or permit an appeal, as the case may be, if, in the opinion of such judge of the supreme court, the equity of the case requires it; and thereupon the same proceedings shall be had upon such injunction in the circuit court, as are prescribed in the district court, and subject to the same conditions in all respects whatsoever. Attorneys of form to in the end of § 7. That the attorneys of the United States, for the several the United judicial districts of the United States, in the prosecution of all States to consuits in the same, in the name and for the benefit of the United structions, &c. States, shall conform to such directions and instructions, touching the same, as shall, from time to time, be given to them, respectively, by the said agent of the treasury. And it shall, more- Attorneys, at over, be the duty of each of the said attorneys, immediately after the end of every term of the district and circuit courts, or of any state court, in which any suit or action may be pending on behalf of the United States, under the direction of any district attorney, to forward to the said agent of the treasury a statement of the cases which have been decided during the said term, to every term, to forward a statement of cases decided, &c. Vol. iii. p. 1687. . Clerks of circuit and district courts, after term, to and decrees gether with such information touching such cases as may not have been decided, as may be required by the said officer. § 8. That it shall be the duty of the clerks of the district and circuit courts, within thirty days after the adjournment of each within 30 days successive term of the said courts, respectively, to forward to the forward a list said agent of the treasury a list of all judgments and decrees of judgments which have been entered in the said courts, respectively, during entered, &c. such term, to which the United States are parties, showing the amount which has been so adjudged or decreed for or against the United States, and stating the term to which execution thereon will be returnable. And it shall, in like manner, be the duty of the marshals of the several judicial districts of the United States, within thirty days before the commencement of the several terms of the said courts, to make returns, to the said agent, of the proceedings which have taken place upon all writs of execution or other process which have been placed in his hands for the collection of the money which has been so adjudged and decreed to the United States in the said courts respectively. Marshals, within 30 days before terms, to make returns, to the agent, of pro ceedings on writs of execution, &c. Nothing in this act to impair any right or remedy, &c. Vol. ii. p. 1008. Vol. iv. p. 2143. The act of 10th April, 1806, revived § 9. That nothing in this act contained shall be construed to take away or impair any right or remedy which the United States now have, by law, for the recovery of taxes, debts, or demands. [Approved, May 15, 1820.] CHAP. 109. An act to revive and continue in force an act, entitled "An act to provide for persons who were disabled by known wounds received in the revolutionary war," and for other purposes. $1. Be it enacted, &c. That the act, entitled "An act to provide for persons who were disabled by known wounds received and continued in the revolutionary war," passed on the tenth of April, one until 15th May, 1821. thousand eight hundred and six, and limited, as in said act declared, to the term of six years, and afterwards revived and continued in force by an act, entitled "An act to revive and continue in force' An act to provide for persons who were disabled by known wounds received in the revolutionary war,' and for other purposes," for and during the term of six years, as in the said act is declared, shall be, and the same is hereby, revived, and is continued in force for one year, and no longer, from the passing Proviso; this of this act: Provided, That this act shall not be construed to make void the repeal or make void the fourth section of an act, entitled "An 4th section of act concerning invalid pensions," passed the third of March, one March, 1819. thousand eight hundred and nineteen; but the said fourth secVol. iii. P. tion of the said last mentioned act shall be, and hereby is declared to be, in full force and effect, any thing in the said act hereby revived and made perpetual to the contrary notwithstanding. act not to the act of 3d 1747. The right to receive a pension to com § 2. That the right any person now has, or may hereafter acquire, to receive a pension in virtue of any law of the United mence at the States, be considered to commence at the time of completing his testimony, pursuant to the act hereby revived and continued time of com pleting the testimony. Agents for in force. 3. That the agents for the payment of invalid pensioners of sions to give the United States shall, in future, be required to give bond, with two or more sureties, to be approved by the secretary for the bond, in not 5000 dollars. department of war, in a sum not exceeding five thousand dollars, exceeding for the faithful discharge of the duties confided to them respectively. [Approved, May 15, 1820.] CHAP. 110. An act designating the ports within which only foreign armed vessels shall be Expired. permitted to enter. to enter no § 1. Be it enacted, &c. That, after the first day of July, one 1920, foreign After 1st July, thousand eight hundred and twenty, it shall not be lawful for armed vessels any foreign armed vessels to enter any harbor belonging to the other harbor United States, excepting only those of Portland, Boston, New than Portland, London, New York, Philadelphia, Norfolk, Smithville, in North London, New Boston, New Carolina, Charleston, and Mobile; unless when such vessels York, Philadelphia, Norshall be forced in by distress, by the dangers of the sea, or by folk, Smithbeing pursued by an enemy, and be unable to make any of the ville, N. C. ports above mentioned; in which cases, the commanding officer and Mobile, shall immediately report his vessel to the collector of the dis- unless, &c. trict, stating the object or causes of his entering such harbor; If forced into shall take such position therein as shall be assigned him by such the commandcollector, and shall conform himself to such regulations as shall ing officer to be signified to him by the said collector, under the authority and direction of the president of the United States. Charleston, another place, report, &c. militia, to en &c. in waters 2. That it shall be lawful for the president of the United The president may employ States to employ such part of the land and naval forces of the land and naUnited States, or the militia thereof, as he may deem necessary val forces, and to enforce the provisions of the first section of this act; and the force this act, president shall also be authorized to employ such forces to pre-en he divent any foreign armed vessel from entering or remaining in rect course to any waters within the jurisdiction of the United States, except designated such as shall lie in her direct course in entering from sea, or leav- ports. ing, to proceed to sea, either of the harbors above mentioned. or from the force until 1st 3. That this act shall continue in force until the first day of This act in July, one thousand eight hundred and twenty-two, and no longer. July, 1822. [Approved, May 15, 1820.] Vol. iii. p. CHAP. 111. An act for altering the times for holding the court of the United States for the 1708. western district of Pennsylvania, and for other purposes. be hereafter 1. Be it enacted, &c. That the terms of the district court for The terms to the western district of Pennsylvania, which are now directed by holden on the law to be holden on the first Mondays of the months of June and first Monday in May and December, in each year, shall hereafter be holden, for the said second Mondistrict, on the first Monday in May, and second Monday in Oc- day in Octotober, in each year.. ber. menced and 2. That all actions, suits, process, pleadings, and other pro- Suits comceedings, commenced or pending in the said district court, shall pending, made be as good and valid to the said first Monday in May, and second valid to the Monday in October, in each year, as if this change had not been made, any law to the contrary notwithstanding. times fixed. writs of error district court 3. That appeals and writs of error shall lie from decisions Appeals and in the said district court for the western district of Pennsylvania, to lie from the when exercising the powers of a circuit court, to the supreme to the supreme court of the United States, in the same manner as from circuit court, as from circuit courts. courts; and that so much of the fourth section of the act, enti not to lie to the circuit tled "An act to divide the state of Pennsylvania into two judiWrits of error cial districts," passed on the twentieth day of April, one thousand eight hundred and eighteen, as provides that writs of error shall lie from decisions in the said district court to the circuit court in the eastern district of Pennsylvania, be, and the same is hereby, repealed. court of eastern district, &c. 200 dolls. per ann. allowed to the district 4. That there shall be allowed to the district attorney, and to the marshal of the said western district of Pennsylvania, and attorneys, &c. the northern district of New York, the yearly sum of two hunof the western dred dollars each; to commence from the twentieth day of April, Pennsylvania, one thousand eight hundred and nineteen; to be paid, quarterand northern ly, at the treasury of the United States. [Approved, May 15, district of district of New York, &c. The secretary 1820.] CHAP. 112. An act to authorize the erection of a lighthouse on one of the Isles of Shoals' near Portsmouth, in New Hampshire, and for other purposes. 1. Be it enacted, &c. That, as soon as the jurisdiction of such to provide, by one of the Isles of Shoals, in the state of New-Hampshire, in the contract, for a state of Massachusetts, or in the state of Maine, as the president lighthouse on of the United States shall select for the site of a lighthouse, shall the Isles of Shoals, &c. And to agree for salaries, Appropriation house on the be ceded to, and the property thereof vested in, the United States, it shall be the duty of the secretary of the treasury to provide, by contract, which shall be approved by the president, for building a lighthouse on such island, to be so lighted as to be distinguishable from other lighthouses on the east and west of the same; and, also, to agree for the salaries, wages, or hire, of the person or persons to be appointed by the president for the superintendence of the same. 2. That the sum of five thousand dollars be, and the same for the light is hereby, appropriated, for the purpose of building such lightIsles of Shoals. house, to be paid out of any moneys in the treasury not otherwise appropriated. The secretary to provide, &c. for building other lighthouses, &c. Kennebunk ri ver. Tenpound Island. Baker's Isl-' and. Gennessee ri ver. 3. That the secretary of the treasury be, and he is hereby, authorized to provide, by contract, for building lighthouses, erecting piers, beacons, or land marks, and building and placing light vessels, or boats, and buoys, on the following sites or shoals, to wit: A pier at the mouth of Kennebunk river, in the state of Maine; two lighthouses, one on Tenpound Island, at the entance into Gloucester harbor, and the other on Baker's Island, near Salem, in the state of Massachusetts; a lighthouse at a proper site near the mouth of Gennessee river, in the state of NewYork; a buoy on Southwest Ledge, and another on Adam's Fall, in or near to the harbor of New-Haven, in the state of ConSmith's Point. necticut: a light vessel at the end of Smith's Point Shoals, in the Chesapeake Bay, in the state of Virginia: a lighthouse on Shell Castle Island, in the state of North Carolina; or, in lieu thereof, a light vessel, to be moored in a proper place, near the said Island, if, in the opinion of the secretary of the treasury, the latter shall be preferred: A beacon and two buoys on proper sites in the channel leading to the harbor of Charleston, in the Mobile Bay. state of South Carolina: A lighthouse on a proper site in Mobile Bay, in the state of Alabama, or, in lieu thereof, a light vessel in Southwest Shell Castle Island. Charleston. |