tion to hundred dollars; except to the deputy-poft compeufa. masters, who may be employed in receiving deputyand dispatching foreign mails, whose compen- poftmalfation may be augmented, not exceeding twen- ters. ty-five dollars, in one quarter; and excepting, to the deputy-poftmafters, at offices where the mail is regularly to arrive between the hours of nine o'clock at night, and five o'clock in the morning; whofe commiffion, on the first hundred dollars, collected in one quarter, may be increased to a fum not exceeding fifty per cent. The poftmafter-general may allow to the deputy-poftmafters, refpectively, a commiffion of fifty per cent. on the money arising from the postages of newspapers, magazines, and pamphlets; and to the deputy-postmasters, whofe compenfation fhall not exceed five hundred dollars, in one quarter, two cents for every free letter delivered out of the office, excepting fuch as are for the deputy-poftmafter himself: Provided, that the authority given by this fection to the postmaster-general, to regulate the commiffions to be allowed to the deputy-poftmafters, fhall continue in force until the thirty-first day of March, one thoufand seven hundred and ninety-eight, and no longer: And that it shall be his duty, to report to the faid feffion, the refpective commiffions which he fhall have allowed, by virtue of the authority herein given. Sec. 6. And be it further enacted, That no newspapers fhall be received by the deputypoftmasters, to be conveyed by post, unless they are fufficiently dried and enclosed in proper wrappers, on which, besides the direction, hall be noted the number of papers, which are enclosed for subscribers, and the number Regula pecting newfpa pers. for printers: The deputy-poftmafters fhall tions ref- form all newfpapers depofited in their offices, to be conveyed by poft, into mails; and if any deputy-poftmafter fhall open, or permit any mail of newfpapers not directed to his office, to be opened, he fhall, on conviction thereof, forfeit, for every fuch offence, a fum not exceeding twenty dollars; and any other perfon, who fhall open fuch mail of newspapers, on conviction thereof, fhall forfeit a fum not exceeding twenty dollars, for. every fuch offence: Provided, that when mails are directed to places where no poft-office is kept, they may be opened at the poft-office moft convenient to fuch place, and may also be opened, where the direction is effaced. Poftmaf Sec. 7. And be it further enacted, That this act fhall not be conftrued to affect any existing contracts. Sec. 8. And be it further enacted, That it fhall be the duty of the poftmafter-general,' ter-general to report annually to Congrefs, every poftto report road, which fhall not, after the fecond year, to Congress from its establishment, have produced onecertain third of the expenfe of carrying the mail on the fame. concerning roads. Letters to Washing Sec. 9. And be it further enacted, That all letters and packets to George Washington, now Prefident of the United States, after the ton to be expiration of his term of office, and during his life, fhall be received and conveyed by poft free of poftage. free. JONATHAN DAYTON, Speaker of the House of Reprefentatives. WILLIAM BINGHAM, Prefident of the Senate pro tempore. APPROVED, March third, 1797: GEORGE WASHINGTON CHAPTER LXXIV. An Act to provide more effectually for the Settlement of Accounts between the United States, and Receivers of public Money. Sec. 1. BE Revenue other per fon not money, to commif E it enacted by the Senate and Houfe of Reprefentatives of the United States of America, in Congrefs affembled, That when any revenue officer, or other perfon ac- officer or countable for public money, fhall neglect or refufe to pay into the Treafury, the fum or paying balance reported to be due to the United public States, upon the adjustment of his account, it be fued, fhall be the duty of the Comptroller, and he to forfeit is hereby required to inftitute fuit for the re- fions, and covery of the fame, adding to the fum flated to pay to be due on fuch account, the commiffions of the delinquent, which fhall be forfeited in every inftance where fuit is commenced, and judgment obtained thereon, and an intereft of fix per cent. per annum, from the time of receiving the money, until it fhall be repaid into the Treafury. intereft, the books dence. Sec. 2. And be it further enacted, That in every cafe of delinquency, where fuit has, A tran been, or fhall be instituted, a transcript from script of the books and proceedings of the Treafury of the certified by the regifter, and authenticated Treafury under the feal of the department, fhall be ad- to be evimitted as evidence, and the court trying the caufe, fhall be thereupon authorized to grant judgment, and award execution, accordingly. And all copies of bonds, contracts, or other papers relating to, or connected with the fettlement of any account between the United States and an individual, when certified by the Regifter to be true copies of the originals on file, and authenticated under the feal of the department, as aforefaid, may be annexed to fuch tranfcripts, and shall have equal validity, and be entitled to the fame degree of credit, which would be due to the original papers, if produced and authenticated in court: Provided, That where fuit is brought upon a bond, or other fealed inftrument, and the defendant fhall plead "non eft factum," or upon motion contract to to the court, fuch plea or motion being veribed in cer fied by the oath or affirmation of the defentain cafes. dant, it fhall be lawful for the court to take the fame into confideration, and (if it fhall appear to be neceffary for the attainment of juftice) to require the production of the original bond, contract or other paper specified in fuch affidavit. Original cer to be ren. dered at return term, expain cafes. sept in cer Sec. 3. And be it further enacted, That Judgment where fuit fhall be inftituted against any perfon or perfons indebted to the United States, as aforefaid, it fhall be the duty of the court where the fame may be pending, to grant judgment at the return-term, upon motion, unless the defendant fhall, in open court, (the United States' attorney being prefent) make eath or affirmation, that he is equitably entitled to credits which had been, previous to the commencement of the fuit, fubmitted to the confideration of the accounting-officers of the Treafury, and rejected; fpecifying each particular claim, fo rejected in the affidavit ; and that he cannot then come fafely to trial. Oath or affirmation to this effect being made, fubfcribed and filed, if the court be thereupon fatisfied, a continuance, until the next fucceeding term, may be granted; but not otherwife, unless as provided in the preceding fection. mitted un Treasury, or out of Sec. 4. And be it further enacted, That in fuits between the United States and individuals, no claim for a credit fhall be admitted, No credit upon trial, but such as fhall appear to have to be adbeen prefented to the accounting-officers of lefs prefen the Treasury, for their examination, and by ted to the them difallowed, in whole or in part, unless it fhoulld be proved, to the fatisfaction of the court, that the defendant is, at the time of trial, in poffeffion of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for fuch credit, at the Treasury, by abfence from the United States, or fome unavoidable accident. the power of the party to do it. States fhall Sec. 5. And be it further enacted, That In all cafes where any revenue-officer, or other perfon of infol hereafter becoming indebted to the United debt due to vency, the States, by bond or otherwife, fhall become in- the United folvent, or where the estate of any deceased be firft debtor, in the hands of executors or admini- paid. ftrators, fhall be infufficient to pay all the debts due from the deceased, the debt due to the United States fhall be firft fatisfied; and the priority hereby established, shall be deemed to extend, as well to cafes in which a debtor, not having fufficient property to pay all his debts, fhall make a voluntary affignment thereof, or in which the eftate and effects of an abfconding, concealed, or abfent debtor, fhall be attached by procefs of law, as to cafes in which an act of legal bankruptcy fhall be committed. Sec. 6. And be it further enacted, That all writs of execution upon any judgment obtained for the use of the United States, in any of the courts of the United States in one state, may run and be executed in any other state, or in any of the territories of the United States, but fhall be iffued from, and made re |