100%

United States Statutes at Large/Volume 1/1st Congress/1st Session/Chapter 22

From Wikisource
Jump to navigation Jump to search
For works with similar titles, see Act of September 29, 1789.


Sept. 29, 1789.
Act of Sept. 1, 1789, ch. 11.
Repealed by Act of February 18, 1793, ch. 8.

Chap. ⅩⅩⅡ.—An Act to explain and amend an Act, intituled “An Act for registering and clearing Vessels, regulating the Coasting Trade, and for other purposes.”


Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Goods unladen by permit and transported to a landing in the same district, to be accompanied with a certificate from the inspector or other proper officer. That when any goods, wares or merchandise of foreign growth or manufacture, by permit and shall be unladen from any ship or vessel in virtue of a permit obtained for that purpose, and shall be put into a craft or vessel, with intent to be transported to a landing within the same district, it shall be the duty of be accompanied the inspector, or other officer attending the unlading of such goods, ware and merchandise, to deliver to the master or commander of every such craft or vessel, a certificate of such goods, wares and merchandise other proper having been duly entered, and a permit granted therefor; and such certificate shall contain a description of all the packages with their marks and numbers, and shall authorize the transportation and landing of the same, at any landing within the same district, without any further fee or permit, any thing in the said recited act to the contrary notwithstanding.

Sec. 2. And be it further enacted, That so much of the twenty-second section of the said recited act, as exempts vessels of less than twenty,


issuing out of the courts of the United States, lands and other property not thus subject by the State laws in force at that time. Bank of the United States v. Halsted, 10 Wheat. 51 ; 6 Cond. Rep. 22.

See Fullerton v. The Bank of the United States, 1 Peters, 604. Yeaton v. Lenox, 8 Peters, 123. Toland v. Sprague, 12 Peters, 300.

The process act of 1828, expressly adopts the mesne process and modes of proceeding in suits at common law, then existing in the highest State court, under the State laws, which of course included all the regulations of the State law as to bail, and exemption of the party from arrest and imprisonment. In regard also to write of execution, and other final process, and “the proceedings thereupon,” it adopts an equally comprehensive language, and declares they shall be the same as were then used in the courts of the State. Beers v. Huighton, 9 Peters, 329. The Lessee of Walden v. Creig’s heirs, 14 Peters, 147. The United States v. Knight, 14 Peters, 401. Amis v, Smith, 16 Peters, 303.

So far as the acts of Congress have adopted the forms of process and modes of proceeding and pleading in the State courts, or have authorize the courts to opt them, and have actually adopted them, they are obligatory; and no further. But no court of the United States is authorized to adopt by rule any provision of State laws which are repugnant to, or incompatible with the positive enactment of Congress upon the jurisdiction, or practice, or proceedings of such courts. Keary et al. v. The Farmers and Mechanics Bank of Memphis, 16 Peters, 89. Duncan v. Darst, 17 Peters, 209.

Exemption of vessels under 20 tons, from entering and clearing extended to vessels of 50 tons having on board goods, &c., the growth or produce of the U.S.and not less than five tons burthen, employed between any of the districts of the United States, in any bay or river, and having a license from the collector of the district to which such vessel belongs, from entering and clearing for the term of one year, be extended to vessels not exceeding fifty tons: provided, such vessels shall not have on board goods, wares or merchandise, other than such as are actually the growth or produce of the United States.

Act of July 31, 1789
Act of Sept. 1, 1789.
Ruble of Russia, rate of.
Repealed.
Sec. 3. And be it further enacted, That so much of an act, intituled, “An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares and merchandises imported into the United States,” as hath rated the ruble of Russia at one hundred cents, be, and the same is hereby repealed and made null and void.

Approved, September 29, 1789.