son swearing falsely in and by any such affidavit, shall be liable to the same punishment as if the same affidavit had been made or taken before a judge of said court.
Fees for taking them.Sec. 2. And be it further enacted, That the like fees shall be allowed for taking such bail and affidavit as are allowed for the like services by the laws of the state, in which any such affidavit or bail shall be taken.
Discretionary power to courts of U. States, in cases of depositions in perpetuam rei memoriam.Sec. 3. And be it further enacted, That in any cause before a court of the United States, it shall be lawful for such court, in its discretion, to admit in evidence any deposition taken in perpetuam rei memoriam, which would be so admissible in a court of the state wherein such cause is pending according to the laws thereof.
Approved, February 20, 1812.
Statute Ⅰ.
[Obsolete.]
Chap. XXVI.—An Act making appropriations for the support of the Military Establishment of the United States, for the year one thousand eight hundred and twelve.
Appropriation.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for defraying the expenses of the military establishment of the United States for the year one thousand eight hundred and twelve, for the Indian department, and for the expense of fortifications, magazines, arsenals and armories, the following sums, including the sum of one million five hundred thousand dollars already appropriated by the first section of the act, entituled1812, ch. 16. “An act authorizing the purchase of ordnance and ordnance stores, camp equipage and other quartermaster’s stores and small arms,” be, and the same hereby are respectively appropriated; that is to say:
Specific appropriations.For the pay of the army of the United States, eight hundred and sixty-nine thousand nine hundred and sixty-eight dollars.
For forage, one hundred and four thousand six hundred and twenty four dollars.
For subsistence, six hundred and eighty-five thousand five hundred and thirty-two dollars and five cents.
For clothing, two hundred and ninety-three thousand eight hundred and four dollars.
For bounties and premiums, seventy thousand dollars.
if there be danger of injustice, the court will withhold it from either party, and content itself with retaining the property, or with ordering a sale thereof, and a deposit of the proceeds in the registry. Ibid. 452.
If a bond, taken on the delivery of property on bail, be void, as not conforming to law, the court will enforce a re-delivery of the property by attachment. The Struggle, 1 Gallis. C. C. R. 476.A bond voluntarily given upon the delivery of property on bail, on application of the claimant, is good; although the condition does not exactly conform to the act of Congress, under which it may have been intended to take it. Ibid.The act of Congress of 2d March, 1799, chap. 22, is not understood as compulsory on the court as to the delivery on bail. It still rests in the discretion of the court. Ibid. 477.The district courts of the United States have no authority, after an appeal, to bail or sell property. The Grotius, 1 Gallis. C. C. R. 503.Whether the security for property, delivered on bail, be by bond or stipulation, is immaterial. On such security, a summary judgment may be entered for the appraised value, and for the costs. The Alligator, 1 Gallis. C. C. R. 145.The district court, by virtue of its general admiralty jurisdiction, may delivery property on bail; and the form in which the security is taken is immaterial; on such security a summary judgment may be rendered to the appraised value. The Lively, 1 Gallis. C. C. R. 315.It is the duty of commissioners to whom it is referred to estimate damages, to make their report as specific as the nature of the thing will admit; so that not only the result, but the detail of their judgment should appear. Ibid.In cases of restitution with damages, in prize proceedings, if in order to ascertain the damages, an inspection or a sale of the cargo be, in the judgment of the commissioner or the parties, necessary; application should be made to the court for an order of unlivery and appraisement, or for a sale, as the case may require. Ibid.No delivery of property in bail, in a prize cause, can be made legally, where the United States are parties, without due notice to the district attorney. Ex parte Robbins, 2 Gallis. C. C. R. 320.If the cargo is liable to deteriorate or perish, or the ship to be injured by the delay incident to the salvage proceedings, the proper course is to apply to the court for a sale thereof. It is not a matter of right of either party to have a delivery on bail in such cases. The Ship Nathaniel Hooper, 3 Sumner’s C. C. R. 542.