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2 Stat. 655.

trict.

27. All the shores and waters of the river St. Lawrence, which lie in the state of New 2 March 18112. York, east of the western boundary of the county of St. Lawrence, and west of the western boundary of the collection district of Champlain, shall constitute a district, to Oswegatchie disbe called the district of Oswegatchie, of which Ogdensburgh shall be the sole port of entry; and a collector for the said district shall be appointed to reside at Ogdensburgh. And the president of the United States is authorized to establish another place in the said district to be a port of delivery only; and a surveyor shall be appointed to reside at such port of delivery.

28. All that part of the state of New Jersey, which lies north and east of Elizabethtown 2 March 1811 8 1. and Staten Island, be and the same is hereby annexed to the district of New York.(a)

2 Stat. €57.

29. The collector's office shall, after the thirty-first day of May next, be removed from Ibid. 24. Fort Niagara to Lewistown, which last-mentioned place shall in future be the residence Collector's office of the collector; and also the office of the collector of the customs, for the district at Lewistown and of Buffalo Creek, shall be kept at such place or places in the town of Buffalo as the president of the United States shall designate.

Buffalo.

3 Stat. 433.

30. It shall be lawful for the president of the United States to establish, when it shall 18 April 1818 2 L appear to him to be proper, in addition to the ports of entry and delivery already established on Lake Ontario, one other port of entry and delivery at the village of Cape Port of entry at Plattsburgh. Vincent, at the fork of Lake Ontario and the head of the river St. Lawrence; and to appoint a collector of the customs to reside and keep an office thereat.(b)

9 Stat. 209.

31. That from and after the passage of this act, Cold Spring, on the north side of 26 Jan. 1848 § 1. Long Island, in the state of New York, be and the same is hereby made a port of delivery within the collection district of the port of New York; and a surveyor be Cold Spring, a port of delivery. appointed by the president, with the advice and consent of the senate, to reside at the said port of Cold Spring; who shall have power to enrol and license vessels to be employed in the coasting trade and fisheries, and to enter and clear, and grant registers and other usual papers to vessels employed in the whale fishery, under such restrictions and regulations as the secretary of the treasury may deem necessary; and who shall give the usual bond, perform the usual duties, in the manner prescribed, and be entitled to receive the fees allowed by law to surveyors and collectors for the same duties, and no more. But all cargoes chargeable with duties shall be entered, and the duties paid, at the port of New York, before permission shall be granted to discharge the same at Cold Spring. That Greenport, on the north-east part of Long Island, in the state of New York, be and And Greenport. the same is hereby made a port of delivery for the towns of Southhold and Riverhead, within the collection district of the port of Sag Harbor; and that a surveyor be appointed by the president, with the advice and consent of the senate, to reside at the said port of Greenport, who shall have like powers and fees, and be under the like restrictions, as is provided in this act for the surveyor of Cold Spring; but all cargoes chargeable with duties shall be entered, and the duties paid at the port of Sag Harbor, before permission shall be granted to discharge the same at Greenport.

9 Stat. 414.

32. The town of Fort Covington, in the state of New York, shall be a port of delivery, 3 March 1840 8 1 and shall be subject to the same regulations as other ports of delivery in the United States.

10 Stat. 144.

Surveyor.

duties.

33. That from and after the passage of this act, Port Jefferson, on the north side of 31 Aug. 18523 3 Long Island, in the state of New York, be and the same is hereby made a port of delivery within the collection district of the port of New York; and that a surveyor be Port Jefferson, a appointed by the president, with the advice and consent of the senate, to reside at the port of delivery. said port of Port Jefferson, who shall have power to enrol and license vessels to be His powers and employed in the coasting trade and fisheries, and to enter and clear, and grant registers and other usual papers to vessels employed in the whale fisheries, under such restrictions and regulations as the secretary of the treasury may deem necessary; and who shall give the usual bond, perform the usual duties, in the manner prescribed, and be entitled to receive the fees allowed by law to surveyors and collectors, for the same duties, and no more. But all cargoes chargeable with duties shall be entered, and the duties paid, at Vessels to be the port of New York, before permission shall be granted to discharge the same at Port York. Jefferson.

entered at New

19 Stat, 310.

kirk.

34. The counties of Cattaraugus and Chautauque, and the harbors, rivers and waters 27 July 1954 2 1 on the southern shore of Lake Erie, in the state of New York, west of and including Cattaraugus creek, and the shores on each side of said creek, and west along the shore District of Dunand territory bordering on Lake Erie aforesaid, to the Pennsylvania state line, and the islands in the said lake contiguous thereto, heretofore embraced in the district of Buffalo Creek, shall be and are hereby constituted a collection district, to be called the district of Dunkirk; and a port of entry for said district is hereby established at Dunkirk; and the ports of Barcelona, Silver Creek and Cattaraugus Creek shall be ports of delivery.

(a) But see act 30 June 1831, constituting the district of Newark; tit. "New Jersey," 13.
(b) Plattsburgh is the port of entry.

27 July 1854 2.

Collector.

Ibid. § 3. Deputy collect

ors.

35. There shall be appointed, in the manner prescribed by law, a collector of customs for the aforesaid district, who shall thereafter and during his continuance in office reside at the port of entry created by this act; together with such other subordinate officers of the customs as are provided for by law; and the compensation of said collector shall be such sum as shall be designated by the secretary of the treasury, in the classification of the compensation of collectors of customs, not to exceed one thousand dollars per annum: Provided, That in case no classification of the compensation of collectors of customs shall be made, then the compensation of the collector for the port of entry established by this act shall be five hundred dollars per annum, together with such fees and emoluments as are authorized by existing laws.

36. Deputy collectors of customs for the several ports of delivery constituted by this act shall be appointed and compensated for their services in the mode prescribed by existing laws; and said officers shall exercise all the powers and duties vested in deputy collectors of customs under existing laws.

[blocks in formation]

9 Stat. 38.

the circuit court.

14. Elizabeth City a port of entry, in place of Plankbridge.

15. Port at Slade's creek discontinued.

16. Carrituck Inlet discontinued.

17. Ocracoke district enlarged.
18. Jacksonville a port of delivery.

I. CIRCUIT COURT.

15 July 1846 1. 1. The circuit courts of the United States for the district of North Carolina shall be held at Raleigh, on the first Monday in June, [and the first Monday in December,] Summer term of instead of the times now prescribed by law; and all actions, suits, appeals, recognisances, processes, writs and proceedings whatever, pending or which may be pending in said courts, or returnable thereto, shall have day therein, and be heard, tried, proceeded with and decided, in like manner as if the time of holding said court had not hereby been altered.

15 Feb. 1847 1. 9 Stat. 126.

Winter term.

4 June 1790

1 Stat. 126.

1.

2. The term of the circuit court of the United States for the district of North Carolina, now by law appointed to be held on the first Monday of December, shall hereafter be held on the last Monday of November (instead of the first Monday of December) in each and every year; and all actions, suits, appeals, recognisances, writs, processes and other proceedings whatever, pending in said court, or returnable thereto, shall have day, and be heard, tried, proceeded with and decided accordingly.

II. DISTRICT COURTS.

3. The act entitled "An act to establish the judicial courts of the United States," shall have the like force and effect within the state of North Carolina, as elsewhere Judiciary act ex- within the United States. tended.

Ibid. 22. District court erected.

29 April 1802 37. 2 Stat. 162.

three districts.

Albemarle.

4. The said state shall be one district, to be called North Carolina district; and there shall be a district court therein, to consist of one judge, who shall reside in the district, and be called a district judge, [and shall hold annually four sessions; the first to commence on the first Monday in July next, and the other three sessions progressively on the like Monday of every third calendar month afterwards. The stated district court shall be held at the town of Newbern.]

5. The district of North Carolina shall be divided into three districts; one to consist of all that part thereof which, by the laws of the state of North Carolina, now forms State divided into the districts of Edenton and Halifax; which district shall be called the district of Albemarle, and a district court in and for the same shall be holden at Edenton by the district judge of North Carolina, [on the third Tuesday in April, on the third Tuesday in August, and on the third Tuesday in December, in each and every year.] One other to be called the district of Pamlico, and to consist of all that part of North Carolina which by the laws of the said state now forms the district of Newbern and Hillsborough, together with all that part of the district of Wilmington which lies to the northward and eastward of New river; for which district of Pamlico, a district court shall be holden at Newbern by the district judge last aforesaid, [on the second Tuesday in April, on the second Tuesday in August, and on the sond Tuesday in December, in each and every

Pamlic

year.] And one other to consist of the remaining part of the said district of North Caro- 29 April 1802. lina, and to be called the district of Cape Fear; in and for which a district court shall Cape Fear. be holden at Wilmington by the district judge last aforesaid, [on the first Tuesday in April, on the first Tuesday in August, and on the first Tuesday in December, in each and every year.] Which said district courts, hereby directed to be holden, shall respectively have and exercise within their several districts, the same powers, authority and jurisdiction which are vested by law in the district courts of the United States.

6. The circuit court and district courts for the district of North Carolina shall appoint clerks for the said courts respectively; which clerks shall reside and keep the records of the said courts at the places of holding the courts whereto they shall respectively belong, and shall perform the same duties and be entitled to and receive the same emoluments and fees, respectively, which are by law established for the clerks of the circuit and district courts of the United States respectively.

Ibid. 28.

Clerks.

4 Stat. 254.

trict courts

7. The district courts of the United States for the district of North Carolina shall, 10 March 1828 31. after the passing of this act, commence and be holden on the following days, that is to say: at Edenton, in and for the district of Albemarle, on the third Monday of April Terms of the dis and October; at Newbern, in and for the district of Pamlico, on the fourth Monday of April and October; and at Wilmington, in and for the district of Cape Fear or Clarendon, on the first Monday after the fourth Monday of April and October in each and every year.

2 Stat. 675.

8. If the judge of the district courts aforesaid should fail to attend on the first day of 23 Jan. 1812 ? 2. the term of any of the said courts, respectively, it shall and may be lawful for the marshal of the district, and he is hereby authorized, to adjourn the said court or courts, until When courts to be adjourned by the next succeeding day; and if the said judge does not attend before the expiration of the marshal. the second day of the term of the said court or courts respectively, it shall and may be lawful for the marshal aforesaid to adjourn the said court or courts to the term next in course, anything in any former act or acts to the contrary notwithstanding.

III. COLLECTION DISTRICTS.

1 Stat. 635.

trict.

9. In the state of North Carolina there shall be five districts, to wit: one, to be called 2 March 1799312. the district of Wilmington, and to comprehend all the waters, shores, bays, harbors, creeks and inlets from Little River Inlet inclusive, to New River Inlet inclusive; the Wilmington distown of Wilmington shall be a port of entry and delivery, and there shall be a collector, naval officer and surveyor, to reside at the said town of Wilmington. Another district, to be called the district of Newbern, which shall comprehend all the waters, shores, Newbern. bays, harbors, creeks and inlets from New River Inlet inclusive, to Ocracoke Inlet inclusive, together with that part of Pamlico Sound, which lies southward and westward of the shoal projecting from the mouth of Pamlico river, towards the Royal Shoal, and southward of the said Royal Shoal; that the town of Newbern shall be a port of entry and delivery, and the towns of Beaufort [and Swansborough](a) shall be ports of delivery only; and there shall be a collector appointed for the district, to reside at Newbern, and a surveyor, to reside at Beaufort, and one at Swansborough; and it shall be lawful for the president of the United States, if he shall judge it expedient, and for the interest of the United States, to establish a port of delivery at Shell Castle or Beacon Island, near Ocracoke Inlet, and to appoint a surveyor to reside thereat.(b) Another district, to be called the district of Washington, which shall comprehend all that part Washington. of Pamlico Sound, not included in the district of Newbern, as far north as the Marshes; the town of Washington shall be the sole port of entry and delivery; and a collector for the district shall be appointed, to reside within the same. Another district, which shall be called the district of Edenton, and to comprehend all the waters, bays, harbors, Edenton. creeks and inlets from the Marshes inclusive, northward and westward, except those included in the district of Cambden; the town of Edenton shall be a port of entry and delivery, and [Hertford, Murfreesborough,] (c) Princeton, Winton, [Bennett's Creek] (d) Plymouth, Windsor and Skewarky, ports of delivery; and a collector for the district shall be appointed, to reside at the town of Edenton, and a surveyor at each of the ports of Hertford, Winton, Bennett's Creek, Plymouth, Windsor and [Skewarky ;](e) and one at Murfreesborough,(g) for said port and for Princeton. Another district, which shall be called the district of Cambden, and to comprehend North river, Pasquotank and Little Cambden. rivers, and all the waters, shores, bays, harbors, creeks and inlets from the junction of Currituck and Albemarle Sounds, to the north extremity of Blackbay; and Plankbridge, (h) on Sawyer's creek, shall be the ports of entry and delivery; and [Nixonton, Indian Town, Newbiggin Creek, (i) Carrituck Inlet,(k) Pasquotank River Bridge,](i) ports of

(a) Discontinued as a port of delivery by act 15 June 1844. 5 Stat. 664.

(b) See infra, 12.

(e) Discontinued by act 15 June 1844. 5 Stat. 664. (d) See infra, 10.

(e) Discontinued by act 7 May 1822. 3 Stat. 694.
(g) Discontinued by act 15 June 1844. 5 Stat. 664.
(h) See infra, 14.

(i) Discontinued by act 7 May 1822. 3 Stat. 694.
(k) See infra, 16.

2 March 1799. delivery; and a collector for the district shall be appointed, to reside at Plankbridge, on Sawyer's Creek, and a surveyor at each of the ports of [Nixonton, Indian Town,](a) Carrituck Inlet, [Pasquotank River Bridge and Newbiggin Creek:](a) and the authority of the several officers of each district shall extend over all the waters, shores, bays, harbors, creeks and inlets, comprehended within each district: Provided, That all ships or vessels, intending to proceed to Plymouth, Windsor, Skewarky, Winton, Bennett's Creek Bridge, Murfreesborough or Princeton, shall first come to and enter at the port of Edenton: And provided also, That any vessels coming in at Ocracoke Inlet, that may be under the necessity of employing lighters before they pass the Royal Shoal, may be at liberty to enter at any port of entry connected with the waters of said inlet, to which such vessels are bound; and any vessel coming in at said inlet in ballast, for the purpose of loading without the Royal Shoals, shall be at liberty to enter at any port of entry connected with the waters of said inlet.(b)

1 May 1802 ? 2. 2 Stat. 181.

Tombstone a port of delivery, in

Creek.

10. Bennett's Creek, within the district of Edenton, and state of North Carolina, shall cease to be a port of delivery as heretofore established, and the office, authority and emoluments of the surveyor of said port, shall also from thenceforth terminate and place of Bennett's be discontinued, and a port of delivery, in lieu thereof, shall be established on Salmon creek within the district aforesaid, at a place called the Tombstone. And a surveyor of the customs shall be appointed to reside and keep an office thereat, who shall be entitled to receive for his services, in addition to the fees established by law, the annual salary heretofore allowed to the surveyor of Bennett's Creek.

fort.

2 Stat. 228.

8 March 1803 31. 11. A district shall be formed from the district of Newbern, in North Carolina, to be called the district of Beaufort, which shall include the town of Beaufort, and all the District of Beau- water and shore north and east of the said town to Harbor Island, and all the water and shore south and west of the said town to Dog Island, inclusive. And the town of Beaufort shall be the sole port of entry and delivery for the said district; and a collector for the said port shall be appointed, to reside and keep his office at the said town of Beaufort, who shall be entitled to receive, in addition to the fees and other emoluments established by law, the annual salary of two hundred dollars.

21 April 1806 33. 2 Stat. 399.

12. Ocracoke Inlet, in North Carolina, together with Shell Castle and Beacon Islands, and all the shores, islands, shoals, bays and waters within two miles of the shores of District of Ocra- said inlet, on each side thereof, shall be a district, to be called the district of Ocracoke.

coke.

Payment of duties.

The president of the United States shall be authorized to designate such place in the said district, as he shall think proper, to be the port of entry; and a collector for said district shall be appointed, to reside at such port of entry, who, in addition to his other emoluments, shall be entitled to receive the salary now allowed to the surveyor of Beacon Island, and no other; and shall also perform the duties heretofore enjoined by law on the said surveyor. But no duties shall be paid, or secured to be paid, in the said district of Ocracoke, on any articles intended for any other port connected with the waters of the said inlet of Ocracoke, such only excepted as may be cast away within the said district. The office of surveyor of Beacon Island shall be henceforth abolished; and the masters or commanders of every ship or vessel coming in at Ocracoke Inlet, and intendfests to collector. ing to unlade her cargo, or any part thereof, at any port, other than the district of Ocracoke, connected with the waters of the said inlet, as well as the masters or commanders of all lighters or coasting vessels, who shall receive goods, wares or merchandise, to be transported to any such port, shall be bound to exhibit their reports and manifests to the said collector, and to perform all the other duties, which, by the eighteenth section of the act entitled "An act to regulate the collection of duties on imports and tonnage," they are now bound to perform, under similar circumstances, in the inlet aforesaid.

Masters to exhibit their mani

25 April 1808

2 Stat. 497.

mouth.

1.

13. A district shall be formed out of the district of Edenton, in North Carolina, to be called the district of Plymouth, which shall include and comprehend the rivers Roanoak District of Ply- and Cashic, and all the waters, creeks and harbors belonging thereto; the town of Plymouth shall be the port of entry and delivery; and Windsor and Skewarky, (a) ports of delivery. A collector for the district shall be appointed, to reside and keep his office at the town of Plymouth, who shall be entitled to receive three per cent. commissions on all moneys by him received on account of the duties arising on goods, wares and merchandise imported into the said district, and on the tonnage of ships and vessels and the other emoluments and fees of office established by law.

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14. The port of entry and delivery established by law at Plankbridge, on Sawyer's creek, for the district of Cambden, in the state of North Carolina, shall be abolished; and the town of Elizabeth City, on Pasquotank river, shall be the port of entry and delivery for the said district; and the collector for the said district shall, from the said first day of June, keep his office at the town of Elizabeth City aforesaid.

(a) Discontinued by act 7 May 1822. 3 Stat. 694.

(b) See infra, 12.

3 Stat. 431.

15. The port of delivery established at the mouth of Slade's creek, within the district 18 April 1818 1 of Washington, and state of North Carolina, shall cease; and the office, authority and emoluments of the surveyor of said port shall also, from thenceforth, terminate and be Port at Slade's discontinued.

creek discon

tinued.

5 Stat. 436.

16. That the port of delivery and the office of surveyor of the customs at Carrituck 3 March 1841 § 1. Inlet, in North Carolina, be and the same are hereby abolished, and that all laws in conflict with this act be and the same are hereby repealed.

9 Stat. 445.

17. The collection district of Ocrocoke, in North Carolina, shall embrace all the 30 Aug. 1850 L waters, shores, harbors, rivers, creeks and inlets, within the limits hereinafter described, to wit: commencing at Drum Inlet, on the seashore, twenty miles south of Ocracoke, Ocracoke district enlarged. thence running in a northerly direction to the Thoroughfare, so called, and through said Thoroughfare to Point Marsh, near the mouth of the Neuse river, thence to the point of Long Shoal in Pamlico Sound, thence across said sound in a south-westerly direction to the outer bar of Cape Hatteras Inlet, twelve miles north-east of Ocracoke, and thence along the seacoast to Drum Inlet.

9 Stat. 513.

18. The town of Jacksonville, in the state of North Carolina, shall be a port of de- 28 Sept. 1850 ₫ 22. livery, subject to the same regulations as other ports of delivery in the United States, and shall be attached to the collection district of Wilmington, North Carolina; and Jacksonville, a port of delivery. there shall be appointed, in pursuance of law, a surveyor of customs, and compensated for his services, in the mode prescribed by existing laws: said surveyor shall exercise all the powers and perform the duties vested in deputy collectors under existing laws; the said surveyor of customs aforesaid to reside at said port of delivery.

Notaries Public.

1. Oaths and acknowledgments may be taken before notaries. Punishment of perjury. Proof of official character.

3. And notaries in the District of Columbia.
4. Power to take depositions.

2. Commissioners to have the same powers.

9 Stat. 458.

fore notaries.

1. In all cases in which, under the laws of the United States, oaths or affirmations or 16 Sept. 1850 ₫ 1. acknowledgments may now be taken or made before any justice or justices of the peace cf any state or territory, such oaths, affirmations or acknowledgments may be hereafter Oaths and acknowledgments also taken or made by or before any notary public duly appointed in any state or terri- may be taken be tory; and when certified under the hand and official seal of such notary, shall have the same force and effect as if taken or made by or before such justice or justices of the peace. And all laws and parts of laws for punishing perjury, or subornation of perjury, Punishment of perjury. committed in any such oaths or affirmations, when taken or made before any such justice of the peace, shall apply to any such offence committed in any oaths or affirmations which may be taken under this act before a notary public or commissioner, as hereinafter named: Provided always, That on any trial for either of these offences, the seal Proof of official and signature of the notary shall not be deemed sufficient in themselves to establish the official character of such notary, but the same shall be shown by other and proper evidence.

character.

Ibid. 2.

powers.

2. That all the powers and authority conferred in and by the preceding section of this act upon notaries public, be and the same are hereby vested in and may be exercised Commissioners to by any commissioner appointed, or hereafter to be appointed by any circuit court of the have the same United States, under any act of congress authorizing the appointment of commissioners to take bail, affidavits or depositions, in causes pending in the courts of the United States. 3. That all the powers and authority conferred in and by the above recited act, ap- 29 July 1854 ? 1. proved September 16th 1850, upon notaries public in the states and territories, be and the same are hereby vested in notaries public within the District of Columbia.

10 Stat. 315.

Ibid. 2.

4. That notaries public be and they are hereby authorized to take depositions, and do such other acts in relation to evidence to be used in the courts of the United States, in power to take the same manner and with the same effect, as commissioners to take acknowledgments depositions. of bail and affidavits may now lawfully take or do.

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