by law, within the fame district, where the cause commenced, and there to be kept with the record thereof, until the final end and determination of the fame. And, to the end, that fuitors, witneffes and all others concerned, may have notice of this alteration in the faid Duty of courts, the marshal of the faid district of North marthal of Carolina, is hereby required to make the rolinahere fame known by proclamation, on or before the first day of August next. North Ca in. tricts.' Sec. 4. And be it further enacted, That any Effect of perfon living within either of the districts procefs aforefaid, who hereafter shall be arrested, by either of fuing out of virtue of procefs iffuing out of the court of faid dif either of the faid diftricts, other than that in which he fhall fo refide, fhall be difcharged therefrom, on his entering his appearance, and giving bail to the action, in the court of the diftrict in which he fhall fo refide, in like manner, and to the like effect, as if the faid process had originally been iffued out of the court within the faid laft-mentioned district. commen Sec. 5. And be it further enacted, That all Procefs,&e. procefs, actions, pleas, fuits and other proceed- ced where ings, which have been commenced and re- tried. turned to the separate several feffions of the district court, at fuch places appointed by law for holding thereof, fhall be tried at the place in each district, where the fame were first made returnable. faid district court, his Sec. 6. And be it further enacted, That the Clerk of clerk of faid district court, fhall, at each of the places aforefaid, keep a distinct docket and re- duty herein, cord of fuch business, returnable as aforefaid, or which may be returned to the feffion to be held at the faid places, refpectively, at which places of return, the faid bufinefs fhall be final ly heard and determined as aforefaid. VOL. III. Part of certain act re more than one mar preme Sec. 7. And be it further enacted, That fo quiring at much of the act to establish the judicial courts tendance of of the United States, as is, or may be conftrued to require the attendance of the mar fhal at fu- fhals of all the districts, at the fupreme court, court, re- fhall be, and the fame is hereby repealed; pealed. and that the said court fhall be attended, durException. ing its feffion, by the marshal of the district only, in which the court fhall fit, unless the attendance of the marfhals of other districts fhall be required by special order of the faid District court of Kentucky court. Sec. 8. And be it further enacted, That from and after the last day of September next, the after 30th district court for the state of Kentucky, fhall September, be held in the town of Frankfort, any thing at Frank in any former act to the contrary notwithstanding. to be held fort. FREDERICK AUGUSTUS MUHLENBERG, RALPH IZARD, Prefident of the Senate, pro tempore. APPROVED, June the ninth, 1794: GEORGE WASHINGTON, Prefident of the United States. CHAPTER LXV. An Act laying Duties on Property fold at Auction. Sec. 1. BE Bit Representatives ng the United E it enacted by the Senate and Houfe of Reprefentatives of States of America, in Congress affembled, That from and after the thirtieth day of September next, there shall be levied, collected and paid, certain fales next. for the use of the United States, upon all fales Duties on by way of auction, as herein-after described, at auction which fhall be made within the United States, after 30th the refpective rates and duties following, to September wit: The fum of one-fourth part of a dollar for every hundred dollars of the purchase-mo ney arifing by fale at auction, of any interest, right or estate in any lands, tenements or he reditaments, and of any utenfils in husbandry, and farming stock, fhips and veffels, and the fum of one half of a dollar, for every hundred dollars of the purchase-money, arifing by fale at auction, of all other goods, chattels, rights and credits whatsoever, and at the fame rate for any greater or leffer fum, except as herein-after excepted: The faid refpective rates and duties to be paid by the auctioneer or perfon making fuch fales at auction, out of the monies arifing from each and every fuch fale. Provided always, That nothing in this act contained, fhall extend to any fale or fales by auction, of eftates, goods or effects, Exceptions, made pursuant to, or in execution of any rule, order, decree, fentence or judgment of any court of the United States or of either of them; or made in virtue, or by force of any distress for rent, or other caufe, for which a distress is allowed by law; or made in confequence of any bankruptcy or infolvency, pursuant to any law concerning bankruptcies or infolvencies; or made in confequence of any general affignment of property and effects, for the benefit of creditors; or made by or on behalf of executors or administrators; or made of the produce of the land, upon the land where fuch produce was raised; or made of any farming utenfils, ftock or household furniture, by perfons removing from the place of their former refidence, where the amount of each fale of fuch farming utenfils, ftock or house hold furniture fhall not exceed two hundred dollars; or made pursuant to the directions of any law of the United States, or of either of them touching the collection of any tax or duty; or difpofal by auction of public proper Exceptions. ty of the United States or of any ftate; nor to Auctioneers any fuch fale or fales by auction, of fhips, their tackle, apparel and furniture, or the cargoes thereof, which fhall be wrecked or stranded within the United States, and fold for the be nefit of the infurers or proprietors thereof, Sec. 2. And be it further enacted, That no prohibited perfon, after the faid thirtieth day of Septem licenfe. ber next, fhall exercise the trade or bufinefs without Exception. holding li cenfe under any ftate. of an auctioneer, by the felling of any eftates, goods or effects whatsoever by auction, or any other mode of fale, whereby the best or highest bidder is deemed to be the purchaser, unless fuch perfon fhall have a license or other fpecial authority, continuing in force purfu ant to fome law of a state, or iffued pursuant to the directions of this act, on pain of forfeiting, for every fuch fale at auction, the fum of four hundred dollars, together with the fums or duties payable by this act upon the estates, goods or effects fo fold: Provided however, That nothing herein contained, fhall be conftrued to require a license for the fale at auc tion of any eftate, goods, chattels, or other thing, which by this act are exempted from duty. Sec. 3. And be it further enacted, That Duty of auctioneers every perfon, who before the faid thirtieth day of September next, fhall have a license or special authority, pursuant to any law of any ftate, for exercifing the faid trade or bufinefs of an auctioneer, fhall, before or upon the Auction eers. bond, faid day, and every perfon, who, after the faid day, fhall have such special license or authority, fhall, within thirty days after the obtaining or receiving of the fame, give notice thereof in writing, under his hand, to the office of inspection nearest to the place, where he fhall carry on or intend to carry on the faid trade or business of an auctioneer, fpecifying in fuch notice, the date or commencement of such license, or other special authority, the term for which the fame was granted or given, by whom, and by what law of a ftate, the fame was granted or given; and fhall alfo give bond to the United States, in a fum of one thoufand five hundred dollars, to be taken by the To give officer, at whofe office the notice aforefaid fhall be given, with condition that he will, on the firft day of January, April, July and October in each year, while he fhall continue to exercise the said trade or business, render to the perfon or perfons, who, on behalf of the United States, shall be authorized to receive the fame, a true and particular account in writing, of the monies or fums, for which any estates, goods or effects have been fold, at every fale at auction by him made, and of the feveral articles, lots and parcels, which fhall have been fold, the price of each article, lot or parcel in every fuch fale, by whom bought, that is to fay; first from the date of fuch bond, until fuch of the aforefaid days, as fhall accrue next thereafter, and thenceforth from the day, to which an account fhall have been laft rendered, until fuch of the faid days, as shall next thereafter enfue, and so on in fucceffion, from one of the faid days to another, so long as he fhall continue to exercife his faid trade or bufinefs, and alfo fhall pay all fuch fums of mo |