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procefs; or if either party fhall refufe, then the juftice first appointed fhall name his affociate, with condition to anfwer and pay what ever fum fhall be recovered by him or them on fuch procefs, there fhall be an immediate dif charge of fuch veffel: Provided, That nothing herein contained fhall prevent any fisherman from having his action at common law, for his fhare or fhares of fish, or the proceeds thereof as aforefaid.

on falted

Sec. 6. And be it further enacted, That the Drawback drawback heretofore allowed on the exporta-, &c. tion of foreign dried and pickled fish, and repealed, other foreign falted provifions, be and the and fame is hereby repealed.

from ap

lowances

Sec. 7. And be it further enacted, That the monies arie monies which fhall remain in confequence of fing there the abolition of the allowance on the exporta- propriated tion of the dried fish of the United States, and to pay al of the drawback on foreign dried and pickled granted by fifh, and other foreign falted provifions, be, this act. and the fame are hereby appropriated to the payment of the allowances granted by this act, and in cafe the monies fo appropriated shall be inadequate, the deficiency fhall be fupplied out of any monies which from time to time fhall be in the treafury of the United States, and not otherwife appropriated.

fwearing

Sec. 8. And be it further enacted, That any person who fhall declare falfely in any oath or Penalty on affirmation required by this act, being duly falfely. convicted thereof in any court of the United States, having jurifdiction of fuch offence, fhall fuffer the fame penalties as are provided for falfe fwearing or affirming, by the act beforementioned, and to be in like manner fued for, recovered and appropriated.

Limitation.

Sec. 9. And be it further enacted, That this act fhall continue and be in force for the termi of seven years, and from thence to the end of the next feffion of Congrefs, and no longer. JONATHAN TRUMBULL, Speaker of the House of Reprefentatives.

JOHN ADAMS, Vice-Prefident of the United
States, and Prefident of the Senate.
APPROVED, February fixteenth, 1792:

GEORGE WASHINGTON,
Prefident of the United States.

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An Act to establish the Poft-Office and Poft-Roads within the United States.

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An Act relative to the Election of a Prefident and Vice-Prefident of the United States, and declaring the Officer who fhall act as Prefident in Cafe of Vacancies in the Offices both of Prefident and Vice-Prefident.

B

Section 1.DE it enacted by the Senate and Houfe of Reprefentatives of the States how United States of America in Congress affembled, to appoint That except in cafe of an election of a Prefident election of and Vice-Prefident of the United States, prior prefident & to the ordinary period as hereinafter specified,

electors for

vice-prefi

dent;

electors fhall be appointed in each state for the election of a Prefident and Vice-Prefident of the United States, within thirty-four days preceding the first Wednesday in December, one thoufand feven hundred and ninety-two, and

within thirty-four days preceding the first Wednesday in December in every fourth year fucceeding the last election, which electors shall be equal to the number of Senators and Reprefentatives, to which the several states may by law be entitled at the time, when the Prefident and Vice-Prefident, thus to be chofen, fhould come into office: Provided always, That where noapportionment of Reprefentatives fhall have been made after any enumeration, at the time of chufing electors, then the, number of electors fhall be according to the exifting apportionment of Senators and Reprefentatives.

vote;

certificates

Sec. 2. And be it further enacted, That the when to electors fhall meet and give their votes on the meet and ́faid first Wednesday in December, at such place in each (tate as fhall be directed by the legiflature thereof; and the electors in each ftate fhall make and fign three certificates of all the votes to ign 3 by them given, and fhall feal up the fame, cer- of all the tifying on each that a lift of the votes of fuch votes given. ftate for Prefident and Vice-Prefident is con- how to be tained therein, and fhall by writing under their difpofed of. hands, or under the hands of a majority of them, appoint a perfon to take charge of and deliver to the Prefident of the Senate, at the feat of government before the first Wednesday in January then next enfuing, one of the Taid certificates, and the faid electors fhall forthwith forward by the post-office to the President of the Senate, at the feat of government, one other of the faid certificates, and fhall forthwith caufe the other of the faid certificates, to be delivered to the judge of that district in which the faid electors fhall affemble.

Sec. 3. And be it further enacted, That the Duty of ex executive authority of each ftate fhall caufe ecutive of three lifts of the names of the electors of fuch

each state

of Sec. of ftate on

of lift of

votes.

ftate to be made and certified, and to be deli vered to the electors on or before the faid firft Wednesday in December, and the faid electors fhall annex one of the faid lifts to each of the -lifts of their votes.

Sec. 4. And be it further enacted, That if a lift of votes, from any ftate fhall not have been non-receipt received at the feat of government on the faid first Wednesday in January, that then the Secretary of State fhall fend a fpecial meffenger to the district judge, in whofe cuftody fuch lift fhall have been lodged, who fhall forthwith tranfmit the fame to the feat of government.

Congrefs to

be in feffion

on 2d Wednefday in Feb. 1793

Duty of perfons fent with lifts of

votes ;

allowance: to them.

Sec. 5. And be it further enacted, That Congrefs fhall be in feffion on the fecond Wednesday in February, one thoufand feven hundred and ninety-three, and on the fecond Wednefday in February fucceeding every meeting of the electors; and the faid certificates, or fo many of them as fhall have been received, fhall then be opened, the votes counted, and the perfons who fhall fill the offices of Prefident and Vice-Prefident afcertained and declared, agreeably to the Conftitution.

Sec. 6. And be it further enacted, That in cafe there fhall be no Prefident of the Senate at the feat of government on the arrival of the perfons entrusted with the lifts of the votes of the electors, then fuch perfons fhall deliver the lifts of votes in their cuftody into the office of the Secretary of State, to be fafely kept and delivered over as foon as may be, to the Prefident of the Senate.

Sec. 7. And be it further enacted, That the perfons appointed by the electors to deliver the lifts of votes to the Prefident of the Senate, shall be allowed on the delivery of the said lists

k

twenty-five cents for every mile of the estimated distance by the most ufual road, from the place of meeting of the electors, to the feat of government of the United States.

et of du

Sec. 8. And be it further enacted, That if Penalty on any perfon appointed to deliver the votes of their ne the electors to the Prefident of the Senate, ty. fhall after accepting of his appointment, neglect to perform the fervices required of him by this act, he fhall forfeit the fum of one thoufand dollars.

death, &c.

dent and v.

prefident;

Sec. 9. And be it further enacted, That in Provision cafe of removal, death, refignation or inability in cafe of both of the Prefident and Vice-Prefident of the of pro United States, the Prefident of the Senate pro tempore, and in cafe there fhall be no Prefident of the Senate, then the Speaker of the House of Representatives, for the time being, shall act as Prefident of the United States until the difability be removed or a Prefident fhall be elected.

fuch event.

Sec. 10. And be it further enacted, That duty of S. whenever the offices of Prefident and Vice- of late on Prefident shall both become vacant, the Secretary of State fhall forthwith caufe a notification thereof to be made to the executive of every ftate, and fhall alfo caufe the fame to be published in at least one of the newspapers printed in each state, specifying that electors of the Prefident of the United States fhall be appointed or chofen in the feveral states within thirty-four days preceding the first Wednesday in December then next enfuing: Provided, There fhall be the space of two months between the date of fuch notification and the faid first Wednesday in December; but if there shall not be the space of two months between the date of fuch notification and the firft WednefVEL. II.

D

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