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scribe, and at a charge of one cent for each letter advertised. And the postmaster at 3 March 1851. such office is hereby directed to post in a conspicuous place in his office, a copy of such List to be posted. list on the day or day after the publication thereof; and if the publisher of any such paper shall refuse to publish the list of letters as provided in this section, the postmaster may designate some other paper for such purpose. Such lists of letters shall be published once in every six weeks, and as much oftener not exceeding once a week, as the postmaster-general may specially direct: Provided, That the postmaster-general may, in Foreign letters. his discretion, direct the publication of German and other foreign letters in any newspaper printed in the German or any other foreign language, which publication shall be either in lieu of, or in addition to, the publication of the list of such letters in the manner first in this section provided, as the postmaster-general shall direct.

10 Stat. 40.

204. When a list of uncalled for letters shal. be published in any newspaper printed 30 Aug. 1852 § 6 in any foreign language, said list shall be published in such newspaper having the largest circulation within the range of delivery of said office.

XV. MISCELLANEOUS PROVISIONS.

9 Stat. 89.

205. That the proceeds of the telegraph between Washington City and Baltimore be 10 Aug. 1846 3 1. and the same are hereby directed to be placed in the treasury of the United States, for the benefit of the post office department, in the same manner as other revenues from postages.

9 Stat. 148.

Moneys taken bers to be paid to

from mail rob

the owner.

206. All moneys taken from the mails of the United States by robbery, theft or other- 1 March 1847 2 2. wise, which have come or may hereafter come into the possession or custody of any of the agents of the post office department, or any other officers of the United States, or any other person or persons whatever, shall be paid to the order of the postmastergeneral, to be kept by him as other moneys of the post office department, to and for the use and benefit of the rightful owner; to be paid whenever satisfactory proof thereof shall be made, (a) and upon the failure of any person in the employment of the United States to pay over such moneys when demanded, the person so refusing shall be subject to the penalties prescribed by law against defaulting officers.

10 Stat. 142.

207. All fines and penalties imposed for any violation of any law relating to the post 31 Aug. 1852 10. office department shall, when collected or recovered, be paid into the treasury to the credit of the United States, for the use of the post office department; excepting, however, such part thereof as may by law belong to the party informing or prosecuting for the

same.

10 Stat. 225. Proceeds of pro

208. In all cases where the postmaster-general shall be satisfied that either money or 3 March 1853 2 3. property, stolen from the United States mail, shall have been exchanged for other money or property, and has been upon the conviction of the thief, received at his department, he shall have authority, upon satisfactory evidence that the same justly belonged to any the mails to be individual, firm or corporation, to pay over and deliver such money or property to the bill to the

perty stolen from

owner.

10 Stat. 642.

valuable letters.

owner thereof. 209. That for the greater security of valuable letters posted for transmission in the mails 3 March 1855 § 3 of the United States, the postmaster-general be and hereby is authorized to establish a uniform plan for the registration of such letters, on application of parties posting the Registration of same, and to require the prepayment of the postage as well as a registration fee of five cents on every such letter or packet, to be accounted for by postmasters receiving the same in such manner as the postmaster-general shall direct: Provided however, That such registration shall not be compulsory; and it shall not render the post office department or its revenue liable for the loss of such letters or packets or the contents thereof.

(a) It is the duty of the postmaster general to return money, which has been regained from mail robbers, to the owner, when

there is evidence, direct or circumstantial, which establishes the true ownership to a reasonable certainty. 5 Opin. 557.

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24 Sept. 1789 14. 1 Stat. 81.

10. When defendants to be entitled to imparlance.

11. Forms of executions. May be adapted to changes in state process.

12. Not to extend to Louisiana.

13. Extended to states admitted since 1828.

III. JURIES.

14. How jurors to be selected.

15. Special juries to be returned by the marshal.

16. Qualificatious, &c., of jurors. How desiguated. Courts to make regulations.

17. How selected in Pennsylvania.

IV. TRIALS.

18. Trials not to be discontinued by lapse of term.

I. POWERS OF THE COURTS.

1. All the before-mentioned courts of the United States, (a) shall have power to issue writs of scire facias, (b) habeas corpus, (c) and all other writs not specially provided for Power to issue by statute, which may be necessary for the exercise of their respective jurisdictions, (d) and agreeable to the principles and usages of law.

process.

Ibid. 17. New trials. Oaths, &c. Contempts.

2. All the said courts of the United States shall have power to grant new trials, in cases where there has been a trial by jury for reasons for which new trials have usually been granted in the courts of law; (e) and shall have power to impose and administer all necessary oaths or affirmations; and to punish by fine or imprisonment, at the discretion of said courts, all contempts of authority in any cause or hearing before the same; (g) Rules of practice. and to make and establish all necessary rules for the orderly conducting business in the said courts, (h) provided such rules are not repugnant to the laws of the United States.(i) 3. The laws of the several states, (k) except where the constitution, treaties or statutes of the United States shall otherwise require or provide,(7) shall be regarded as rules of rules of decision decision in trials at common law, (m) in the courts of the United States, in cases where they apply.

Ibid. 34. State laws to be

in trials at common law.

(a) This includes the supreme court. United States v. Hamilton, 8 Dall. 17. Ex parte Burford, 3 Cr. 449. Ex parte Bollman, 4 Ibid. 100. Ex parte Watkins, 3 Pet. 201. s. c., 7 Ibid. 568. Ex parte Milburn, 9 Ibid. 704.

(b) The court may issue a suit of scire facias ad audiendum errores, and to substitute parties in error. Green v. Watkins, 6 Wh. 260.

(e) See tit. "Habeas Corpus."

(d) It is said, that the phrase "which may be necessary for the exercise of their respective jurisdictions," does not apply to the writs of habeas corpus and scire facias, but solely to the "other writs not specially provided for by statute." United States v. Williamson, 4 Am. L. R. 11.

(e) After a conviction of a capital offence, it is in the discretion of the court to grant a new trial on the application of the prisoner; it being competent for the prisoner himself, by such application, to waive the benefit of that clause in the constitution which provides that no man shall be put twice in jeopardy of life or limb for the same offence. United States v. Harding, 1 Wall. Jr. 127. See contra, United States v. Gibert, 2 Sumn. 19.

(g) See tit. "Contempts." The power to punish for contempts is inherent in the courts, and is not immediately derived from the statute. United States v. Hudson, 7 Cr. 32.

(h) This gives them power to make rules relative to the signing, filing and docketing of judgments. Koning . Bayard, 2 Paine, 251. (i) This authority, when exercised, is as binding as if it had been a specific part of the court system established by the act of congress. United States v. Mundel, 6 Call, 245.

(k) The decisions of the state courts, concerning the title to lands, are to be treated as binding authorities in the courts of the United States. Rundle v. Delaware and Raritan Canal Co., 14 How. 93. Polk's Lessee v. Wendal. 9 Cr. 87. Thatcher v. Powell, 6 Wh. 119. Elmendorf v. Taylor, 10 Ibid. 152. Ross v. Barland, 1 Pet. 655. The Society for the Propagation of the Gospel r. Wheeler, 2 Gall. 138. The courts adopt the state decisions, because they settle the law applicable to the case; and the reasons assigned for this course apply as well to rules of construction growing out of the common law, as the statute law of the state, when applied to the title to lands. Jackson v. Chew, 12 Wh. 167. The decisions of the state courts settling a rule of construction of devises of lands, is, therefore, within the law and binding on the federal courts. Ibid. 153. Henderson v. Griffin, 5 Pet. 151. Smith Shriver, 14 Leg. Int. 172. So is a decision on the state law of descents. Gardner v. Collins, 2 Pet. 58. So is a decision of the question whether the statute of uses is a part of the common law of the state. Henderson v. Griffin, 5 Pet. 151. And so are decisions as to the lien of judgments on real estate. Massingill v. Downs, 7 How. 760. United States v. Morrison, 4 Pet. 124. Thompson v. Phillips, Bald. 246. Lombard v. Bayard, 1 Wall. Jr. 198. And in construing a statute of a state concerning lands, the supreme court adopts the construction settled in the state courts, though not in accordance with its own opinion. McKeen v. Delancy's Lessee, 5 Cr. 22. The settled construction of a state statute by its supreme court, is considered as a part of the statute. Mas singill v. Downs, 7 How. 767. Nesmith . Sheldon, Ibid. 812. Van Rensselaer v. Kearney, 11 Ibid. 297. Webster v. Cooper, 14

Thid. 504. Greene v. James, 2 Curt. C. C. 189. Woolsey r. Dodge, 6 McLean, 150. Thompson v. Phillips, Bald. 246. United States v. Mundel, 6 Call 245.

This law adopts the acts of limitations of the several states, where no special provision has been made by congress, as rules of decision in the courts of the United States, and the same effect is given to them as in the state courts. McCluny v. Silliman, 3 Pet. 270. Green v. Neal's Lessee, 6 Ibid. 291. Ross v. Duval, 13

Ibid. 45. Shelby e. Guy, 11 Wh. 361. Boyle . Arledge, Hemp. 620. But not as against the federal government. United States v. Backus, 6 McLean, 443. It also includes the statutes of the several states which prescribe rules of evidence in civil cases. McNiel r. Holbrook, 12 Pet. 84. Hinde r. Vattier's Lessee. 5 Ibid. 398. But no state law made since 1789 can affect the rules of evidence in criminal cases in the federal courts. United States v. Reid, 12 How. 361.

The act of congress adopts the local laws of the several states as rules of decision, but it does not apply to the construction of contracts, or to questions of general cominercial law. Swift r. Tyson, 16 Pet. 1. Watson 2. Tarpley, 18 How. 520. Gloucester Insurance Co. v. Younger, 2 Curt. C. C. 322. Nor to the construction of private statutes. Williamson v. Berry, 8 How. 543. It applies only to the rights of persons and of property, and in those cases the state laws furnish rules of decision; but as to remedies and modes of proceeding, they are fixed by the act of 1792. Mayer v. Foulkrod. 4 W. C. C. 349. Campbell v. Claudius, Pet. C. C. 484. Lane v. Townsend, Ware, 288. Jones v. Vanzants, 4 McLean, 606. It relates to the rules for framing, not for executing the judgment. Wayman v. Southard, 10 Wh. 1. Parsons v. Bedford, 3 Pet. 444. Keary v. Farmers' and Merchants' Bank, 16 Ibid. 89. Long e. Smith. Ibid. 65. It has nothing to do with the proceedings after judgment; it means only that the judgment shall be rendered according to the laws of the state. Reeside's Executrix v. United States, Dev. C. C. 99, 101. It is broad enough, however, to cover the rights of parties to costs. Hathaway v. Roach, 2 W. & M. 63.

The supreme court will adhere to its own decision upon the validity of a contract, notwithstanding subsequent state decisions declaring it unconstitutional. Rowan v. Runnels, 5 How. 134. Truly v. Wanzer, Ibid. 141. Sims v. Hundley, 61bid. 1. But not in a case involving simply the construction of a state statute. Green v. Neal's Lessee, 6 Pet. 291. Woolsey v. Dodge, 6 McLean, 150. (1) A court of the United States cannot, by a rule, adopt the provisions of a state law, which is repugnant to, or incompatible with, a positive enactment of congress. Keary e. Farmers' and Merchants' Bank, 16 Pet. 89. Amis v. Smith, Ibid. 312. Massingill v. Downs, 7 How. 760.

(m) It does not extend to cases in equity. United States v. Reid, 12 How. 363. Neves v. Scott, 13 Ibid. 268. McFarlane e. Griffith, 4 W. C. C. 585. Or in admiralty. The Independence, 2 Curt. C. C. 350. It means trials in a court of common law. when exercising that authority, as contrasted with the courts of admiralty and maritime or equity jurisdiction. United States v. Mundel, 6 Call. 258. The federal courts are governed in commercial and maritime ases, by the general, and not by the local law. Mutual Safety Ins. Co. v. Cargo of the Brig George, Olcott, 89.

1 Stat. 335.

rules of practice.

4. It shall be lawful for the several courts f the United States, from time to time, as 2 March 1793 ? 7. occasion may require, to make rules and orders for their respective courts directing the returning of writs and processes, the filing of declarations and other pleadings, the taking Courts may make of rules, the entering and making up judgments by default, and other matters, in the vacation and otherwise, in a manner not repugnant to the laws of the United States, to regulate the practice of the said courts respectively, (a) as shall be fit and necessary for the advancement of justice, and especially to that end to prevent delays in proceedings. 5. The district courts as courts of admiralty, and the circuit courts as courts of equity, 23 Aug. 1842 2 5. shall be deemed always open for the purpose of filing libels, bills, petitions, answers, pleas and other pleadings, for issuing and returning mesne and final process and commissions, and for making and directing all interlocutory motions, orders, rules and other to be always open, for issuing proceedings whatever, preparatory to the hearing of all causes pending therein upon process, &c. their merits. And it shall be competent for any judge of the court, upon reasonable Interlocutory notice to the parties, in the clerk's office or at chambers, and in vacation as well as in term, to make and direct, and award all such process, commissions and interlocutory orders, rules and other proceedings, whenever the same are not grantable of course according to the rules and practice of the court.

5 Stat. 517.

Courts of admiralty and equity

orders.

Ibid. 26.

6. The supreme court shall have full power and authority, from time to time, to prescribe and regulate, and alter the forms of writs and other process to be used and issued Supreme court in the district and circuit courts of the United States, and the forms and modes of framing may prescribe forms of process, and filing libels, bills, answers and other proceedings and pleadings, in suits at common &c. law or in admiralty, and in equity, pending in the said courts; and also the forms and modes of taking and obtaining evidence, and of obtaining discovery, and generally the forms and modes of proceeding to obtain relief, and the forms and modes of drawing up, entering and enrolling decrees, and the forms and modes of proceeding before trustees And rules of appointed by the court; and generally to regulate the whole practice of the said courts practice. so as to prevent delays, and to promote brevity and succinctness in all pleadings and proceedings therein, and to abolish all unnecessary costs and expenses in any suit therein.

II. PROCESS.

1 Stat. 275.

7. All writs and processes issuing from the supreme or a circuit court, shall bear test 8 May 1792 31. of the chief justice of the supreme court (or if that office shall be vacant) of the associate justice next in precedence. And all writs and processes issuing from a district Teste of process. court, shall bear test of the judge of such court (or if that office shall be vacant) of the clerk thereof, which said writs and processes shall be under the seal of the court from whence they issue, and signed by the clerk thereof. The seals shall be provided at the expense of the United States.

Ibid. 22.

8. The forms of writs, executions and other process, except their style, and the forms and modes of proceeding in suits in those of common law, shall be the same as are now Forms of process. used in the said courts respectively, in pursuance of the act entitled "An act to regulate processes in the courts of the United States ;"(b) in those of equity and in those of admiralty and maritime jurisdiction, according to the principles, rules and usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law; (c) except so far as may have been provided for by the act Alterations. to establish the judicial courts of the United States, subject, however, to such alterations and additions as the said courts respectively shall in their discretion deem expedient, or to such regulations as the supreme court of the United States shall think proper, from time to time, by rule to prescribe to any circuit or district court concerning the same: When ca. sa. may issue in the first Provided, That on judgments in any of the cases aforesaid where different kinds of exeplace. cutions are issuable in succession, a capias ad satisfaciendum being one, the plaintiff shall have his election to take out a capias ad satisfaciendum in the first instance. 9. The forms of mesne process, except the style and the forms and modes of proceed- 19 May 1828 ? 1. ing in suits in the courts of the United States, held in those states admitted into the

(a) This does not give authority to demand bail, in a case not provided for by positive law. United States v. Mundel, 6 Call,

245, 257.

(b) 29 September 1789, 1 Stat. 93. This act provided. "That until further provision shall be made, and except where by this act or other statutes of the United States is otherwise provided, the forms of writs and executions, except their style, and modes of process and rates of fees, except fees to judges, in the circuit and district courts, in suits at common law, shall be the same in each state respectively as are now used or allowed in the supreme courts of the same. And the forms and modes of proceedings in cases of equity, and of admiralty and maritime jurisdiction, shall be according to the course of the civil law; and the rates of fees the same as are or were last allowed by the states respectively in the court exercising supreme jurisdiction in such causes. Provided, That on judgments in any of the cases aforesaid where different kinds of executions are issuable in succession, a capias ad satisfaciendum being one, the plaintiff shall have his election to take out a capias ad satisfaciendum in the first instance, and be at liberty to pursue the same until a tender of the debt and costs

4 Stat. 278.

in gold or silver shall be made." For its construction, see Way. man v. Southard, 10 Wh. 27. Beers v. Haughton, 9 Pet. 359. United States v. Graves, 2 Brock. 384. Mayer v. Foulkrod, 4 W. C. C. 349. Lane v. Townsend. Ware, 286. By these acts congresg adopted both the form and effect of execution as established by the state laws in 1789: therefore, the lien created by judgments in the circuit courts upon land, and the mode of proceeding to obtain satisfaction of the judgments, are regulated by the state laws. Koning v. Bayard, 2 Paine, 251.

(c) The equity practice and mode of proceeding was fixed by this act, subject only to be changed by the rules of the circuit courts, or of the supreme court, and cannot be affected by state laws, either prior or subsequent. Mayer v. Foulkrod, 4 W. C. C. 349. The equity practice hereby adopted, was that of the English chancery, not that of the several states. Robinson v. Campbell, 3 Wh. 222. Boyle v. Zacharie, 6 Pet. 658. Vattier v. Hinde, 7 Ibid. 252. Bennett v. Butterworth, 11 How. 669. Neves v. Scott, 13 Ibid. 268. And as to the practice in admiralty, see Bouysson v. Miller, Bee, 186. Lane v. Townsend, Ware, 286. Manro v. Almeida, 10 Wh. 473.

19 May 1828.

Extended to states subse

quently admit

ted.

Ibid. 22. When defendants

Ibid. 3. Forms of executions.

Union since the 29th day of September, in the year 1789, in those of commc: law, shall be the same in each of the said states, respectively, as are now used (a) in the highest court of original and general jurisdiction of the same; in proceedings in equity, according to the principles, rules and usages which belong to courts of equity, and in those of admiralty and maritime jurisdiction according to the principles, rules and usages which belong to courts of admiralty, as contradistinguished from courts of common law, except so far as may have been otherwise provided for by acts of congress; (b) subject, however, to such alterations and additions as the said courts of the United States respectively, shall in their discretion deem expedient, or to such regulations as the supreme court of the United States shall think proper, from time to time, by rules, to prescribe to any circuit or district court concerning the same. (c)

10. In any one of the United States where judgments are a lien upon the property of the defendant, and where, by the laws of such state, defendants are entitled in the to be entitled to courts thereof to an imparlance of one term or more, defendants in actions in the courts imparlance. of the United States holden ir such state, shall be entitled to an imparlance of one term. 11. Writs of execution and other final process issued on judgments and decrees, rendered in any of the courts of the United States, (d) and the proceedings thereupon, shall be the same, except their style in each state, respectively, as are now used (e) in the courts of such state; (g) saving to the courts of the United States in those states, in which there are not courts of equity with the ordinary equity jurisdiction, the power of May be adapted prescribing the mode of executing their decrees in equity by rules of court: Provided however, That it shall be in the power of the courts, if they see fit, in their discretion, by rules of court, so far to alter final process in said courts as to conform the same to any change which may be adopted by the legislatures of the respective states for the state

to changes in state process.

Ibid. 4.

courts.

12. Nothing in this act contained shall be construed to extend to any court of the Not to extend to United States now established, or which may hereafter be established in the state of

Louisiana.

1 Aug. 1842 1.

5 Stat. 499.

Extended to

states admitted since 1828.

13 May 1800 21. 2 Stat. 82.

selected.

Louisiana.

13. The provisions of an act entitled "An act to regulate processes in the courts of the United States," passed the 19th day of May 1828, shall be and they are hereby made applicable to such states as have been admitted into the Union since the date of said act.(h)

III. JURIES.

14. Jurors to serve in the courts of the United States shall be designated by lot or otherwise, in each state or district respectively, according to the mode of forming juries How jurors to be to serve in the highest courts of law therein now practised, so far as the same shall render such designation practicable by the courts and marshals of the United States.(i) 15. No special juries shall be returned by the clerks of any of the said circuit courts; but in all cases in which it was the duty of the said clerks to return special juries before the passing of this act, it shall be the duty of the marshal for the district where such circuit court may be held, to return special juries, in the same manner and form, as, by the laws of the respective states, the said clerks were required to return the same.

29 April 1802230.

2 Stat. 167.

Special juries to the marshal.

20 July 1840 1. 6 Stat. 394.

Qualifications,

16. Jurors to serve in the courts of the United States, in each state respectively, shall have the like qualifications, and be entitled to the like exemptions, as jurors of the highest court of law of such state now have and are entitled to, and shall hereafter from time to &c, of jurors. time have and be entitled to; (k) and shall be designated by ballot, lot or otherwise, How designated, according to the mode of forming such juries now practised and hereafter to be practised therein, in so far as such mode may be practicable by the courts of the United States, or Courts to make the officers thereof; (1) and for this purpose, the said courts shall have power to make all necessary rules and regulations for conforming the designation and impannelling of juries, in substance, to the laws and usages now in force in such state; (m) and further,

regulations.

(a) See Jones v. Vanzandt's Administrator, 4 McLean, 599. (b) The courts of the United States are not governed or controlled by the practice of the state courts, unless adopted by some law of the United States, or by some rule of court made in pursuance of an act of congress. Pomeroy v. Manin, 2 Paine. 476. State laws, proprio vigore, cannot affect the process or proceedings of the courts of the United States. Beers v. Haughton, 9 Pet. 329. Catherwood v. Gapete, 2 Curt. C. C. 94.

(c) The courts of the United States may, by their rules, not only alter the forms, but the effect and operation of the process whether mesne or final, and the modes of proceeding under it. Beers v. Haughton, 9 Pet. 329. They may, under this act, adopt the state insolvent laws. Ibid. s. c., 1 McLean, 226.

(d) The United States, being an execution-creditor, is subject to this law. United States v. Knight, 14 Pet. 301.

(e) This applies only to state laws then existing. Catherwood v. Gapete, 2 Curt. C. C. 94. But it operates on all executions issued subsequent to its passage, without regard to the time when the judgments were rendered. Ross v. Duval, 13 Pet. 45. (g) It adopts as part of the proceedings the rights secured by the then existing laws of the state, to an imprisoned debtor, to have the privilege of the jail limits. United States v. Knight, 14 Pet.

301. s. c., 3 Sumn. 358. And the forthcoming bond, in Mississippi, is part of the proceeding upon the final process, hereby adopted. Amis v. Smith, 16 Pet. 303. And see Hopkins's Case, 2 Curt. C. C. 567. Freeman's Case, Ibid. 491.

(h) See Binns v. Williams, 4 McLean, 580.

This act was supplied by act 20 July 1840. (infra, 16); but is in force in Pennsylvania by force of the act 3 March 1849, (infra, 17).

(k) See United States v. Wilson, 6 McLean, 606.

(This does not repeal that part of 29 of the judiciary act which provides that juries shall be drawn from such parts of the district as the court shall direct. United States v. Stowell, 2 Curt. C. C. 153. See tit. "Crimes," 102. It requires that, in the selection of jurors, the state practice, as near as may be, shall be followed. United States v. Woodruff, 4 McLean, 105.

(m) This includes the power of regulating the challenges of jurors, whether peremptory or for cause, and in cases both civil and criminal; with the exception, in criminal cases, of treason and other capital offences which are provided for by the act of 1790. United States v. Shackleford, 18 How. 588. See tit. "Crimes," 105.

shall have power, by rule or order, from time to time, to conform the same to any change 20 July 1840. in these respects which may be hereafter adopted by the legislatures of the respective states for the state courts. (a)

9 Stat. 403.

17. That the act of congress, (b) approved March 19th 1842, (chap. vii.), be suspended 3 March 1849 ? 1. in its operation until further legislation in the premises; and that, in the mean time, jurors may be selected for the courts of the United States in Pennsylvania (under the How selected in Pennsylvania direction of the proper district judge), agreeably to the practice and usage which prevailed before the enactment of the act approved July 20th 1840, (chap. xlvii.)

IV. TRIALS.

10 Stat 630.

discontinued by

18. The trial or hearing of any cause, civil or criminal, in any circuit or district court 2 March 1855 ₫ 1. in the United States, which has been commenced and is in progress before a jury or the court, shall not be stayed or discontinued by the arrival of the period fixed by law for Trials not to be another session of said court; and it shall be lawful for the court to proceed with such lapse of term. trial or hearing, and bring it to a conclusion, in like manner and with the same effect, as if another stated term of the court had not intervened.

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10 Stat. 30.

superintendent.

1. There shall be a superintendent of the public printing, who shall hold his office for 26 Aug. 1852 ? 2 the term of two years, who shall receive for his services a salary of twenty-five hundred dollars per annum ; (c) and who shall give bond with two sureties to be approved by the Appointment of secretary of the interior, in the penalty of twenty thousand dollars, for the faithful discharge of his duties under this law. The said superintendent shall be a practical printer, Bond. versed in the various branches of the arts of printing and book-binding, and he shall not be interested directly or indirectly in any contract for printing for congress or for Qualifications. any department or bureau of the government of the United States. The first superin- Term of office. tendent under this law shall hold his office until the commencement of the thirty-third congress, and the superintendents thereafter appointed shall hold their offices for two years, commencing with the first day of the session of each congress.

Ibid. § 3.

Duties of super

2. It shall be the duty of said superintendent to receive from the secretary of the senate and clerk of the house of representatives all matter ordered by congress to be printed, and from the several chiefs of departments and heads of bureaus all matter intendent. ordered by them respectively, to be printed at the public expense, and to keep a faithful account of the same, in the order in which the same shall be received, in a book or books to be by him kept for that purpose. (d) He shall deliver said matter to the public printer or printers in the order in which it shall be received, unless otherwise ordered by the joint committee on printing. (e) He shall inspect the work, when executed by the public printer or printers, and shall record in a book or books, to be by him kept for that purpose, the dates at which the returns of said work are made, and whether the same is executed in a neat and workmanlike manner, upon the paper furnished to the public printers by said superintendent, and the amount allowed by said superintendent for the said printing. It shall be his duty to supervise the execution of the public printing, to inspect the work when executed, and to see that the same is done with neatness and dispatch; to report every failure or delinquency of duty on the part of the public printer, and from time to time to report the said delinquencies to the joint committee of congress on printing. He shall issue his certificate for the amount due to the public printer assignable.

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Certificate not

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