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file, and authenticated under the seal of the department, as aforesaid, may be annexed to such transcripts, 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: Provi. ded, That where suit is brought upon a bond,

or other sealed instrument, and the defendant Original shall plead “ non eft faftum,or upon motion contrad to to the court, such plea or motion being vericed in cer, fied by the oath or affirmation of the defentain cases. dant, it shall be lawful for the court to take

the same into confideration, and (if it shall ap. pear to be necessary for the attainment of jurtice) to require the production of the original bond, contract or other paper specified in such affidavit.

Sec. 3. And be it further enacted, That fudgment where fuit shall be instituted against any person

9. or persons indebted to the United States, as dered at return- aforesaid, it shall be the duty of the court

ter, where the same may be pending, to grant cept in cerzain cases. judgment at the return-term, upon motion,

unless the defendant shall, in open court, (the United States' attorney being present) make oath or affirmation, that he is equitably enti. tled to credits which had been, previous to the commencement of the suit, submitted to the confideration of the accounting officers of the Treasury, and rejected; fpecifying each particular claim, fo rejected in the affidavit ; and that he cannot then come safely to trial. Oath or affirmation to this effect being made, subscribed and filed, if the court be thereupon satisfied, a continuance, until the next succeeding term, may be granted; but not otherwise, unless as provided in the preceding section.

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. Sec. 4. And be it further enacted, That in 1 suits between the United States and individu

als, no claim for a credit shall be admitted, No credit upon trial, but such as shall appear to have

mitted un· been presented to 'the accounting-officers of less presence the Treasury, for their examination, and by Treaturv.

dhy ted to the them disallowed, in whole or in part, unless or out of it shoulld be proved, to the fatisfa&tion of the the power court, that the defendant is, at the time of party to trial, in pofseffion of vouchers not before in a his power to procure, and that he was prevented from exhibiting a claim for such cre- '' dit, at the Treasury, by absence from the United States, or some unavoidable accident. .

Sec. 5. And be it further enacted, That In all cases where any revenue-officer, or other person of inful. hereafter becoming indebted to the United debt due to States, by bond or otherwise, shall become in- the United

States shall solvent, or where the estate of any deceased be first debtor, in the hands of executors or admini- paid. strators, shall be insufficient to pay all the debts i due from the deceased, the debt due to the United States shall be first fatisfied; and the priority hereby established, shall be deemed to extend, as well to cases in which a debtor, not having sufficient property to pay all his debts, shall make, a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor, shall be attached by process of law, as to cafes in which an act of legal bankruptcy shall 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 ftate, may run and be executed in any other state, or in any of the territories of the United States, but shall be issued from, and made rom

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turnable to the court where the judgment vas obtained, any law to the contrary notwith. standing.

Sec. 7. And be it further enacted, That no.

thing in this act shall be construed to repeal, reries 04 io be take away, or impair any legal remedy or repied.

medies for the recovery of debts row due, or hereafter to be due to the United States, in law or equity, from any person or persons whatsoever, which remedy or remedies might be used if this act was not in force. JONATHAN DAYTON, Speaker of

the House of Representatives. WILLIAM BINGHAM, President of the

Senate pro tempore.
APPROVED, March third, 1797:

GEORGE WASHINGTON,

· President of the United States.

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tanfoms from captivity among the Algerines, Accounts

coch of Smith and after deducting from the amount of such and Ropayments and expenditures, any sum or fums bertson to heretofore paid to the said George Smith or John Robertson, on the account of the United States, towards his respective claim, to allow the balance thereof, not exceeding eight hundred and seventy-four dollars to George Smith, and not exceeding two thousand two hundred and seventy-one dollars to the said john Robertson; and which balances shall be paid at the Treasury, out of any money not already appropriated. JONATHAN DAYTON, Speaker of the

House of Representatives.
WILLIAM BINGHAM, President pro

tempore of the Senate. AFPROVED, March third, 1797: ...

GEORGE WASHINGTON,

President of the United States.

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tressed mariners from Newfoundland, who took refuge in the port of Plymouth, in November lalt, shall be, and hereby are remitted. JONATHAN DAYTON, Speaker of

the House of Representatives. WILLIAM BINGHAM, President of the

Senate pro tempore. · APPROVED, March third, 1797:

GEORGE WASHINGTON,

President of the United Statese

CH A P T E R LXXVII.

An A&t authorizing an Expenditure, and mak.

ing an Appropriation for the Prosecution of the Claims of certain Citizens of the United States, for Property captured by the belligerent Powers.

Sec. 1. D E it enacted by the Senate and House

D of Representatives of the United States of America, in Congress assembled, That Fifty thou. the President of the United States be, and he is fand dollars hereby authorized to advance, on account of appropria. the several prize-causes before the court of adted to pro. fecute miralty, and court of appeals in England, a American

sum sufficient to defray the costs thereof, so far citizens. as the agents of the United States may have

become fureties for the fame. And that for defraying, during the year one thousand seven hundred and ninety-seven, that expense, and that which may be incurred in procuring from the admiralty courts of any of the belligerent

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