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Provided, Said deeds were made in good faith, and without an interest to commit a fraud 20 April 1838. upon creditors or bonâ fide subsequent purchasers.

XIII. SLAVERY.

2 Stat. 194.

113. No part of the laws of Virginia or Maryland declared by an act of congress, 3 May 1802 3 7. passed the 27th day of February 1801, "concerning the District of Columbia," to be in forec within the said district, shall ever be construed so as to prohibit the owners of Owners of slaves may hire, or reslaves to hire them within, or remove them to the said district, in the same way as was move them to practised prior to the passage of the above recited act.(a)

the district.

9 Stat. 467.

114. It shall not be lawful to bring into the District of Columbia any slave whatever, 20 Sept. 1850 & 1. for the purpose of being sold, or for the purpose of being placed in depot, to be subsequently transferred to any other state or place to be sold as merchandise. And if any No slave to be slave shall be brought into the said district by its owner, or by the authority or consent district for sale of its owner, contrary to the provisions of this act, such slave shall thereupon become as merchandise. liberated and free.

brought into the

Ibid. 2.

115. It shall and may be lawful for each of the corporations of the cities of Washington and Georgetown, from time to time, and as often as may be necessary, to abate, slave depots to break up and abolish any depot or place of confinement of slaves brought into the be broken up. said district as merchandise, contrary to the provisions of this act, by such appropriate means as may appear to either of the said corporations expedient and proper. And the same power is hereby vested in the levy court of Washington county, if any attempt shall be made within its jurisdictional limits, to establish a depot or place of confinement for slaves brought into the said district as merchandise for sale contrary to this

act.

XIV. FUGITIVES.

2 Stat. 116.

116. In all cases where the constitution or laws of the United States provide that 3 March 1801 2 6. criminals and fugitives from justice, or persons held to labor in any state, escaping into another state, shall be delivered up, the chief justice of the said district shall be, and Chief justice to deliver up fugihe is hereby empowered and required to cause to be apprehended and delivered up such tives from justice criminal, fugitive from justice, or persons fleeing from service, as the case may be, who or from labor. shall be found within the district, in the same manner and under the same regulations as the executive authority of the several states are required to do the same; and all executive and judicial officers are hereby required to obey all lawful precepts or other process issued for that purpose, and to be aiding and assisting in such delivery.

XV. COLLECTION DISTRICTS.

1 Stat. 634. District of Georgetown.

117. The district of Georgetown shall include all the waters and shores from Pomonky 2 March 1799 10. creek on the north side of Potomac river, to the head of the navigable waters of the said river, within the jurisdiction of the state of Maryland, to which Digges's Landing and Carrolsburgh shall be annexed as ports of delivery only; and a collector for the district shall be appointed to reside at Georgetown, which shall be the sole port of entry.

118. Articles inspected at one port in the said district shall not be subject to a second 3 May 1802 ? 12. nspection, at any other port in the said district.

XVI. MISCELLANEOUS PROVISIONS.

2 Stat. 195.

2 Stat. 103.

remain in force

119. [The laws of the state of Virginia,(b) as they now exist, shall be and continue in 27 Feb. 1801 § 1. force in that part of the District of Columbia, which was ceded by the said state to the United States,] and by them accepted for the permanent seat of government; and that Former laws to the laws of the state of Maryland, as they now exist, shall be and continue in force in in the district. that part of the said district, which was ceded by that state to the United States, and by them accepted as aforesaid. (c)

2 Stat. 115.

ments.

120. All indictments shall run in the name of the United States, and conclude, against 3 March 1801 8 2 the peace and government thereof: and all fines, (d) penalties and forfeitures accruing under the laws of the states of Maryland and Virginia, which by adoption have become Form of indictthe laws of this district, shall be recovered with costs, by indictment or information in the name of the United States, or by action of debt, in the name of the United States How fines. penaland of the informer; one half of which fine shall accrue to the United States, and the ures recoverable. other half to the informer; and the said fines shall be collected by or paid to the mar- Distribution.

(a) See act 24 June 1812, to authorize the removal of slaves from one county to another within the district. 2 Stat. 757. And see Les v. Lee, 8 Pet. 44. s. c., 4 Cr. C. C. 643. Dunbar v. Ball, 2 Ibid. 261. Fenwick v. Tooker, 4 Ibid. 641. Wallingsford v. Allen, 10 Pet. 583.

(b) The county of Alexandria was retroceded to Virginia by act 9 July 1846. 9 Stat. 35, 1000,

(e) By the cession of this part of the district, all the state prerogative which Maryland enjoyed under the common law which she bad adopted, so far as concerned the ceded territory, passed to the United States. United States v. Watkins, 3 Cr. C. C. 441. And

ties and forfeit

the residents therein ceased to be-citizens of Maryland. Reily v. Lamar, 2 Cr. 344. But the change of sovereignty produced no change in the state of rights existing in the soil. Mutual Assurance So. v. Watts's Executor, 1 Wh. 279. By act 3 March 1807, all temporary statutes in force at the time of the cession, were declared to be without limitation as to time, unless repealed by congress. 2 Stat. 431. And see Bank of Columbia v. Okely, 4 Wh. 435. Kendall v. United States, 12 Pet. 524.

(d) These are only such as accrued by law, in whole or in part, to the government. United States v. Simms, 1 Cr. 252.

Powers of the marshal.

3 March 1801. shal, and one half thereof shall be by him paid over to the board of commissioners hereinafter established, and the other half to the informer; and the marshal shall have the same power regarding their collection, and be subject to the same rules and regulations as to the payment thereof, as the sheriffs of the respective states of Maryland and Virginia are subject to in relation to the same. (a)

17 June 1812 31. 2 Stat. 752.

Remission of forfeited recog nisauces.

2 Stat. 756.

121. The president of the United States shall have the power to grant remissions of the forfeitures of all recognisances acknowledged and taken, or to be acknowledged and taken, before any court, judge, justice of the peace or other magistrate within the District of Columbia, either in the course of any criminal prosecution or for surety of the peace.(b)

24 June 1812 6. 122. Upon all judgments rendered on the common law side of the circuit court of said district in actions founded on contracts, interest at the rate of six per centum per annum shall be awarded on the principal sum due until the said judgments shall be satisfied; and the amount which is to bear interest and the time from which it is to be paid shall be ascertained by the verdict of the jury sworn in the cause.

Judgments to bear interest.

Ibid. 7.

golution of in

Junction.

123. When any injunction shall hereafter be obtained to stay proceedings on any judg Damages on dis ment rendered for money in the circuit court of the said district, and such injunction shall be dissolved wholly or in part, damages, at the rate of ten per centum per annum from the time of the injunction shall be awarded until dissolution, shall be paid by the party on whose behalf such injunction was obtained on such sum as appears to be due, including costs, and execution on the judgment enjoined shall be issued for the same; and in cases where a forthcoming bond shall have been executed by the complainant, and no judgment shall have been rendered thereupon, the court in which execution shall be awarded, shall direct the said damages to be included in the judgment, which damages shall in all cases be in full satisfaction of interest for the time for which they shall be allowed: Provided, That when the injunction shall be granted to obtain a discovery, or any part of the judgment shall remain enjoined, the court may, if it appear just, direct that such damages shall not be paid, or only such proportion thereof as they may deem expedient.

28 June 1848 21.

9 Stat. 242.

Official oaths.

16 Feb. 1853 1. 10 Stat. 160.

124. All official oaths required by law to be taken by officers of the United States may, in the District of Columbia, be administered and certified by any one of the judges of the circuit court, or by the judge of the criminal court of the said district.

125. Where, at any term of the circuit or criminal court of the District of Columbia, a jury shall be impannelled to try any cause or any issue or issues joined in any cause, No jury to be dis- and it shall happen that no verdict shall be found, nor the jury otherwise discharged piration of term. before the day appointed by law for the commencement of the next succeeding term,

charged by ex

16 Aug. 1856 6. 11 Stat. 50.

the court shall and may, nevertheless, proceed with the trial by the same jury in every respect as if such term had not commenced; and all subsequent proceedings to final judgment, if such judgment shall be rendered, shall be entered and have legal effect and operation as of the term at which the jury shall have been impannelled, any law or usage to the contrary notwithstanding.

126. All costs and fees for services rendered by the clerks of the several courts in the District of Columbia, chargeable to others than the United States, shall be payable imClerk's fees to be mediately after the services are performed, and shall be collected by such rules and ance of service. regulations, not incompatible with law, as may be prescribed by the courts in which such services are rendered, but shall in no case be paid by the United States.

paid on perform

Ibid. 29. United States to

pay fees of justices and constables only in cases of felony.

How payable.

127. The United States shall hereafter be liable to the justices and constables of the County of Washington, in the District of Columbia, for their fees and services in cases of felony only; and so much of the fifteenth section of the act of May 17, 1848,(c) entitled "An act to continue, alter and amend the charter of the city of Washington," as provided otherwise, is hereby repealed; said fees shall be paid by the United States' marshal, upon the approval of the judge of the criminal court of the District of Columbia, subject to the revision by the accounting officers of the treasury, and to appeal to the secretary of the interior.

(a) See Levy Court of Washington v. Ringgold, 5 Pet. 451. (b) After the term in which a recognisance has been forfeited, In a criminal case, the court cannot remit the forfeiture; but the

president can, under this act. United States v. Cookend:rfet {
Cr. C. C. 113.
(c) 9 Stat. 229.

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1 Stat. 239.

electors.

1. Except in case of an election of a president and vice president of the United States, 1 March 1792 & L prior to the ordinary period as hereinafter specified, electors shall be appointed in each state for the election of a president and vice president of the United States, within Appointment of. thirty-four days preceding the first Wednesday in December 1792, and [within thirtyfour days preceding the first Wednesday in December](a) in every fourth year succeeding the last election, which electors shall be equal to the number of senators and repre- Number. sentatives, to which the several states may by law be entitled at the time, when the president and vice president, thus to be chosen, should come into office: Provided always, That where no apportionment of representatives shall have been made after any enumeration, at the time of choosing electors, then the number of electors shall be according to the existing apportionment of senators and representatives.

Ibid. ? 2.

2. The electors shall meet and give their votes on the said first Wednesday in December, at such place in each state as shall be directed, by the legislature thereof; and the When to meet electors in each state shall make and sign three certificates of all the votes by them and vote. given, and shall seal up the same, certifying on each that a list of the votes of such state Three certificates for president and vice president is contained therein, and shall by writing under their to be signed. hands, or under the hands of a majority of them, appoint a person to take charge of and Messenger to be deliver to the president of the senate, at the seat of government, before the first Wednes- appointed. day in January then next ensuing, one of the said certificates, and the said electors shall now certificates forthwith forward by the post office to the president of the senate, at the seat of govern- to be disposed vå ment, one other of the said certificates, and shall forthwith cause the other of the said certificates to be delivered to the judge of that district in which the said electors shall assemble.

Ibid. 3.

3. The executive authority of each state shall cause three lists of the names of the electors of such state to be made and certified and to be delivered to the electors on or Three lists of before the said first Wednesday in December, and the said electors shall annex one of electors to he the said lists to each of the lists of their votes.

made out, &c.

Ibid. 24.

4. If a list of votes, from any state, shall not have been received at the seat of government on the said first Wednesday in January, that then the secretary of state shall send Proceeding if a special messenger to the district judge in whose custody such list shall have been list of votes Le lodged, who shall forthwith transmit the same to the seat of government.

not received.

Ibid. 25

When lists to ve

5. Congress shall be in session on the second Wednesday in February 1793, and on the second Wednesday in February succeeding every meeting of the electors, and the said certificates, or so many of them as shall have been received, shall then be opened, opened and the votes counted, and the persons who shall fill the offices of president and vice president ascertained and declared, agreeably to the constitution.(b)

counted.

be delivered, in

absence of president of senate.

6. In case there shall be no president of the senate at the seat of government on the Ibid. 26 arrival of the persons intrusted with the list of the votes of the electors, then such per- To whom lists to sons shall deliver the lists of votes in their custody into the office of the secretary of state, to be safely kept and delivered over as soon as may be, to the president of the senate. 7. If any person appointed to deliver the votes of the electors to the president of the senate, shall, after accepting of his appointment, neglect to perform the services required Penalty for regof him by this act, he shall forfeit the sum of one thousand dollars.

Ibid. 28.

lecting to deliver. Thid. 29.

8. In case of removal, death, resignation or inability both of the president and vicepresident of the United States, the president of the senate pro tempore, and in case there who to act as shall be no president of the senate, then the speaker of the house of representatives, for president in case (a) Altered, infra, 13. (b) See 12th amendment to the constitution, which was adopted after the passage of this act

of death, &c.

1 March 1792. the time being, shall act as president of the United States until the disability be removed or a president shall be elected.

Ibid. 10.

Election to sup ply vacancy.

Ibid. 11.

9. Whenever the offices of president and vice president shall both become vacant, the secretary of state shall forthwith cause a notification thereof to be made to the executive of every state, and shall also cause the same to be published in at least one of the newspapers printed in each state, specifying that electors of the president of the United States shall be appointed or chosen in the several states within thirty-four days preceding the first Wednesday in December then next ensuing: Provided, There shall be the space of two months between the date of such notification and the said first Wednesday in December; but if there shall not be the space of two months between the date of such notification and the first Wednesday in December; and if the term for which the president and vice president last in office were elected shall not expire on the third day of March next ensuing, then the secretary of state shall specify in the notification that the electors shall be appointed or chosen within thirty-four days preceding the first Wednesday in December in the year next ensuing; within which time the electors shall accordingly be appointed or chosen, and the electors shall meet and give their votes on the said first Wednesday in December, and the proceedings and duties of the said electors and others shall be pursuant to the directions prescribed in this act.

10. The only evidence of a refusal to accept or of a resignation of the office of presiWhat to be evident or vice president, shall be an instrument in writing declaring the same, and subdence of refusal scribed by the person refusing to accept or resigning, as the case may be, and delivered into the office of the secretary of state.

to accept.

Ibid. 12. When term to commence.

11 Feb. 1825 1. 4 Stat. 81.

11. The term of four years for which a president and vice president shall be elected shall in all cases commence on the fourth day of March next succeeding the day on which the votes of the electors shall have been given.

12. The person appointed by the electors to deliver to the president of the senate, a list of the votes for president and vice president, shall be allowed, on delivery of said Compensation of list, twenty-five cents for every mile of the estimated distance, by the most usual route, from the place of meeting of the electors to the seat of government of the United States, going and returning.

messenger.

23 Jan. 18451. 5 Stat. 721.

When electors to

be chosen.

Vacancies.

13. The electors of president and vice president shall be appointed in each state on the Tuesday next after the first Monday in the month of November of the year in which they are to be appointed: Provided, That each state may by law provide for the filling of any vacancy or vacancies which may occur in its college of electors when such college meets to give its electoral vote: And provided also, When any state shall have held an If no choice, sub- election for the purpose of choosing electors, and shall fail to make a choice on the day sequent day may aforesaid, then the electors may be appointed on a subsequent day in such manner as the be appointed. state shall by law provide.

19 Feb. 1851 21.

II. CONTESTED ELECTIONS IN CONGRESS.

14. Whenever any person shall intend to contest an election of any member of the 9 Stat. 568. house of representatives of the United States, he shall, within thirty days after the result Notice of contest of such election shall have been determined by the officer or board of canvassers authositting member. rized by law to determine the same, give notice, in writing, to the member whose seat he designs to contest of his intention to contest the same, and, in such notice, shall specify, particularly, the grounds upon which he relies in the contest.(a)

to be given to

Ibid. 32. Member to answer notice.

Ibid. 23.

By whom sub. penns for wit

neses may be issued.

Ibid. 24.

Service of sub pœnas.

15. Any member upon whom the notice mentioned in the first section of this act may be served, shall, within thirty days after the service thereof, answer such notice, admitting or denying the facts alleged therein, and stating specifically any other grounds upon which he rests the validity of his election, and shall serve a copy of his answer upon the

contestant.

16. When any such contestant or returned member shall be desirous of obtaining testimony respecting such election, it shall be lawful for him to make application to any judge of any court of the United States, or to any chancellor, judge or justice of a court of record of any state, or to any mayor, recorder or intendaut of any town or city,(b) which said officer shall reside within the congressional district in which such contested election was held, who shall thereupon issue his writ of subpoena, directed to all such witnesses as shall be named to him, requiring the attendance of such witnesses before him, at some time and place named in the subpoena, in order to be then and there examined respecting the said contested election, in the manner hereinafter provided.

17. Every such witness shall be duly served with such subpoena, by a copy thereof being delivered to him or her, or left at his or her usual place of abode, at least five days before the day on which the attendance of the witness is required: Provided, That no

(a) This provision is merely in affirmance of the existing par- 2 Pars. 509. Carpenter's Case, Ibid. 537. Kneass's Case, Ibid. 553 liamentary law and practice. Leib's Case, Cl. & Hall, 165. And (b) See Loyall v. Newton, C! Hall, 520.

see Luttrel v. Hume, 4 Doug. Elect. Cas. 25. Skerrett's Case,

witness shall be required to attend an examination out of the county or parish in which 19 Feb. 1851. he or she may reside, or be served with a subpoena.

Ibid. 25.

and testify.

18. Any person summoned in the manner hereinbefore directed, and refusing or neglecting to attend and testify, unless prevented by sickness or unavoidable necessity, Penalty for negshall forfeit and pay the sum of twenty dollars, to be recovered, with costs of suit, by lecting to attend the party at whose instance the subpoena was issued, and for his use, by an action of debt, in any court of the United States, and shall also be liable to an indictment for a misdemeanor, and punishment by fine and imprisonment. (a)

Ibid. &&

given.

19. The party at whose instance such subpoena may be issued, shall, at least ten days before the day appointed for the examination of the witnesses, give notice, in writing, Notice of exami to the opposite party of his intention to examine witnesses, which notice shall contain a nation to be statement of the time and place of the proposed examination, the name of the officer who shall conduct the same, the names of the witnesses to be examined, and their places of residence, which notice shall be served by leaving a copy with the person to be notified, or at his usual place of abode: Provided, That neither party shall give notice of taking testimony at different places at the same time, or without allowing an interval of at least five days between the close of taking testimony at one place and its commencement at another.

Ibid. 7. Examination of

20. All witnesses who shall attend in obedience to said subpoena, or who shall attend voluntarily at the time and place appointed, of whose examination notice has been given as provided in the next preceding section, shall then and there be examined on oath or witnesses. affirmation, by the magistrate who issued the subpoena aforesaid, or in case of his absence, by any other such magistrate as is authorized by this act to issue such subpoena, touching all such matters and things respecting the election about to be contested as shall be proposed by either of the parties aforesaid, or either of them, or by their or either of their agents; and the testimony of the witnesses, together with the questions proposed by the parties or their agents, 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 respectively; after which he shall immediately transmit by mail the sa'd testimony, duly certified under his hand, and To be certified to sealed up, to the clerk of the house of representatives for the time being, together with house. a copy of the subpoena and of the notice served upon the party, as provided in the preceding section, and of the proof of the service of such notice.

the clerk of the

Ibid. 28.

21. The said magistrate shall have power to require the production of papers; and on the refusal or neglect of any person to produce and deliver up any paper or papers in Production of his possession pertaining to said election, or to produce and deliver up certified or sworn papers. copies of the same in case they may be official papers, he shall be liable to all the penal ties prescribed in the fifth section of this act; and all papers thus produced, and all certified or sworn copies of official papers, shall be transmitted by said magistrate, with the testimony of witnesses, to the clerk of the house of representatives.

Ibid. 29.

22. The testimony taken by the parties to the contest, or either of them, shall be confined to the proof or disproof of the facts alleged or denied in the notice and answer Testimony conmentioned in the first and second sections of this act; and no testimony shall be taken fined to facts alleged in notice after the expiration of sixty days from the day on which the answer of the member re- and answer. turned shall be served upon the contestant; and a copy of the notice of contest, and of When closed. the answer of the returned member, shall be prefixed to the depositions taken, and trans- and answer to be Copy of notice mitted with them to the clerk of the house of representatives: Provided, That the house annexed. may, at their discretion, allow supplementary evidence to be taken after the expiration evidence. of said sixty days.

Supplementary

Ibid. 10.

fore justices.

Ibid. 11.

23. When no such magistrate as is by the third section of this act authorized to take depositions shall reside in the congressional district from which the election is proposed when testimony to be contested, it shall be lawful for either party to make application to any two justices may be taken be of the peace residing within the said district, who are hereby authorized to receive such application, and jointly to proceed upon it in the manner herein before directed. 24. Every witness attending by virtue of such subpoena as is herein directed to be issued, shall be allowed the sum of seventy-five cents for each day's attendance, and the further sum of five cents for every mile necessarily travelled in going and returning, which trates and wit 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 each judge, justice, chancellor, mayor, recorder, intendant and justice of the peace who shall be necessarily employed pursuant to the provisions of this act, and all sheriffs, constables or other officers who may be employed to serve any subpoena or notice herein pro

(a) An elector is not bound to disclose for whom he voted. Respublica r. Ray, 3 Yeates, 66. Kneass's Case, 2 Pars. 553, 592. But this is the privilege of the voter, and it is one that he may waive, and voluntarily appear and disclose n oath for whom he

Fees of magas

nesses.

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