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obtain the

this act.

voyages which may appertain to the fishermen, Owners of fhall be divided among them in proportion to fels how to fishing vefthe quantities or number of faid fifh they may proceed to refpectively have caught; which agreement allowances fhall be endorfed or counterfigned by the own- granted by er of fuch fishing veffel, or his agent: And if any fisherman having engaged himself for a voyage or for the fishing season, in any fishing veffel, and figned an agreement therefor as aforefaid, fhall thereafter and while fuch agreement remains in force and to be performed, defert or absent himself from fuch veffel, without leave of the mafter or skipper thereof, or of the owner or his agent, fuch deferter fhall be liable to the fame penalties as deferting feamen or mariners are fubject to in the merchant's fervice, and may in the like manner, and upon the like complaint and proof, be apprehended and detained; and all cofts of procefs and commitment if paid by the mafter or owner, fhall be deducted out of the fhare of fish, or proceeds of any fishing voyage to which fuch deferter had or fhall become entitled. And any fisherman, having engaged himself as aforefaid, who fhall during fuch fishing voyage, refuse or neglect his proper duty on board the fishing veffel, being thereto ordered or required by the master or skipper thereof, or shall otherwise refift his juft commands, to the hindrance or detriment of fuch voyage, befide being anfwerable for all damages arifing thereby, fhall forfeit to the use of the owner of fuch veffel, his fhare of the allowance, which shall

be paid upon fuch voyage as is herein granted.

Sec. 5. And be it further enacted, That where an agreement or contract fhall be fo made and figned, for a fishing voyage or for the fishing feafon, and any fifh which may have been

fifling vef

fels how to

Owners of caught on board fuch veffel during the fame, fhall be delivered to the owner or to his agent, proceed to for cure, and fhall be fold by faid owner or allowances agent, fuch veffel fhall for the term of fix granted by months after fuch fale, be liable and answera

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this act.

ble for the fkipper's and every other fisherman's fhare of fuch fish, and may be proceeded againft in the fame form, and to the fame effect as any other veffel is by law liable, and may be proceeded against for the wages of feamen or mariners in the merchant's service. And upon fuch procefs for the value of a share or fhares of the proceeds of fifh delivered and fold as aforefaid, it fhall be incumbent on the owner or his agent, to produce a just account of the fales and divifion of fuch fish according to fuch agreement or contract, otherwise the faid veffel fhall be anfwerable upon fuch procefs for what may be the highest value of the fhare or shares demanded. But in all cases, the owner of fuch veffel or his agent, appearing to answer to fuch procefs, may offer thereupon his account of general fupplies made for fuch fishing voyage, and of other fupplies therefor made, to either of the demandants, and shall be allowed to produce evidence thereof in anfwer to their demands refpectively, and judgment shall be rendered upon fuch procels, for the respective balances, which upon fuch an enquiry fhall appear: Provided always, That when procefs fhall be iffued against any veffel liable as aforefaid, if the owner thereof or his agent will give bond to each fisherman in whose favour fuch procefs fhall be inftituted, with fufficient fecurity, to the fatisfaction of two juftices of the peace, one of whom shall be named by fuch owner or agent, and the other by the fisherman or fifhermen pursuing fuch.

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

fish, &c.

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

from ap


Sec. 7. And be it further enacted, That the monies arimonies 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 alof the drawback on foreign dried and pickled granted by fish, 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 shall be in the treafury of the United States, and not otherwise appropriated.

Penalty on fwearing

Sec. 8. And be it further enacted, That any perfon who fhall declare falfely in oath or any affirmation required by this act, being duly falfely. convicted thereof in any court of the United States, having jurisdiction of such offence, shall 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.


States how

electors for

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

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

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.

Section 1.

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E it enacted by the Senate and Houfe of Reprefentatives of the United States of America in Congrefs 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, vice-prefident; 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 thousand seven hundred and ninety-two, and

within thirty-four days preceding the first Wednefday in December in every fourth year fucceeding the laft election, which electors fhall 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 no apportionment 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 existing apportionment of Senators and Reprefentatives.



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 fuch place in each ftate as fhall be directed by the legislature thereof; and the electors in each ftate fhall make and fign three certificates of all the votes to fign 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 faid certificates, and the faid electors fhall forthwith forward by the poft-office to the Prefident of the Senate, at the feat of government, one other of the faid certificates, and flail forthwith cause 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 exexecutive authority of each ftate fhall caufe ecutive of three lifts of the names of the electors of fuch

each state;

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