Page:United States Statutes at Large Volume 2.djvu/571

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admiralty, at any other time than the legal time for holding the circuit court of the United States in and for such district.

Duties of the district clerks under this act.
Process &c. &c.
Sec. 2. And be it further enacted, That the clerk of such district court shall, during the continuance of the disability of the district judge, continue to certify as aforesaid, all suits or actions of what nature or kind soever, which may thereafter be brought to such district court, and the same transmit to the circuit court next thereafter to be holden in the same district; and the said circuit court shall have cognizance of the same in like manner as is herein before provided in this act, and shall proceed to hear and determine the same:On the ceasing of the disability of the district judge, all causes shall be remanded to the district court. Provided nevertheless, that when the disability of the district judge shall cease or be removed, all suits or actions then pending and undetermined in the circuit court, in which by law the district courts have an exclusive original cognizance shall be remanded, and the clerk of the said circuit court shall transmit the same, pursuant to the order of said court, with all matters and things relating thereto, to the district court next thereafter to be holden in said district, and the same proceedings shall be had therein in said district court as would have been, had the same originated or been continued in the said district court.

District clerks during the disability of the judges, to take examinations, make rules, &c. &c.Sec. 3. And be it further enacted, That in case of the district judge in any district being unable to discharge his duties, as aforesaid, the district clerk of such district shall be authorized and empowered, by leave or order of the circuit judge of the circuit in which such district is included, to take, during such disability of the district judge, all examinations and depositions of witnesses, and make all necessary rules and orders preparatory to the final hearing of all causes of admiralty and maritime jurisdiction.

Approved, March 2, 1809.

Statute ⅠⅠ.


March 3, 1809.
Chap. XXVIII.—An Act further to amend the several acts for the establishment and regulation of the Treasury, War and Navy departments.
Act of May 8, 1792, ch. 37.
Act of March 3, 1795, ch. 48.
Act of April 21, 1808, ch. 48.
Act of March 3, 1817, ch. 45.
Act of May 1, 1820, ch. 50.
Warrants to be charged to the distinct appropriations on which they are founded.
Payments to be charged to specific appropriations.
Separate accounts to be rendered to Congress by the officers.
The President during the recess of Congress may order a portion of the monies appropriated for a particular branch of expenditure to be applied to another branch of expenditure in the same department; this application to be laid before Congress.
Comptroller of the treasury authorized to cause the settlement of certain accounts.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all warrants drawn by the Secretary of the Treasury, or of War, or of the Navy, upon the Treasurer of the United States, shall specify the particular appropriation or appropriations to which the same should be charged: the monies paid by virtue of such warrants shall, in conformity therewith, be charged to such appropriation or appropriations, in the books kept in the office of the comptroller of the treasury, in the case of warrants drawn by the Secretary of the Treasury, and in the books of the accountants of the war or navy department respectively, in the case of warrants drawn by the Secretary of War, or by the Secretary of the Navy; and the officers, agents, or other persons, who may be receivers of public monies, shall render distinct accounts of the application of such monies according to the appropriation or appropriations under which the same shall have been drawn, and the Secretary of War and of the Navy shall, on the first day of January, in each and every year, severally report to Congress a distinct account of the expenditure and application of all such sums of money as may, prior to the thirtieth day of September preceding, have been by them respectively drawn from the treasury in virtue of the appropriation law of the preceding year, and the sums appropriated by law for each branch of expenditure in the several departments shall be solely applied to the objects for which they are respectively appropriated, and to no other: Provided nevertheless, that during the recess of Congress, the President of the United States may, and he is hereby authorized, on the application of the secretary of the proper department, and not otherwise, to direct, if in his opinion necessary for the public service, that a portion