Jenks's Portland gazette (Portland [Me.]), 1801-04-06 00:00:00

Laws of the United States.
By Authority.
WITH CONGRESS OF THE UNITED STATES, AT THE SECOND SESSION, BEGUN AND HELD AT THE CITY OF WASHINGTON, IN THE TERRITORY OF COLUMBIA, ON MONDAY THE SEVENTEENTH OF NOVEMBER, ONE THOUSAND EIGHT HUNDRED.
An Act to provide for the more convenient organization of the Courts of the United States.
SECTION 1.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the next Session of the Supreme Court of the United States, the said court shall be holden by the justices thereof, or any four of them, at the city of Washington, and shall have two sessions in each and every year thereafter, to commence on the first Monday of June and December respectively; and that if four of the said justices shall not attend within ten days after the times hereby appointed for the commencement of the said sessions respectively, the said court shall be continued over till the next stated session thereof. Provided always , That any one or more of the said justices attending as aforesaid, shall have power to make all necessary orders touching any suit, action, appeal, writ of error, process, pleadings, or proceedings, returned to the said court or depending therein, preparatory to the hearing, trial or decision, of such action, suit, appeal, writ of error, process, pleadings or proceedings.
Sec. 2. And be it further enacted , That the said court shall have power, and is hereby authorized, to issue writs of prohibition, mandamus, fieri facias, habeas-corpus, certiorari, processando, and all other writs not specially provided for by statute, which may be necessary for the exercise of its jurisdiction and agreeable to the principles and usages of law.
Sec. 3. And be it further enacted , That from and after the next vacancy that shall happen in the said court, it shall consist of five justices only, that is to say, of one chief justice, and four associate justices.
Sec. 4. And be it further enacted , That for the better establishment of the circuit courts of the United States, the said states shall be, and hereby are divided into districts, in manner following; that is to say: one to consist of that part of the district of Massachusetts, which is called the district of Maine, and to be called the district of Maine; one to consist of the state of New-Hampshire, and to be called the district of New-Hampshire; one to consist of the remaining part of the state of Massachusetts; one to consist of the state of Rhode-Island and Providence Plantations, and to be called the district of Rhode-Island; one to consist of the state of Connecticut, and to be called the district of Connecticut; one to consist of the state of Vermont, and to be called the district of Vermont; one to consist of that part of the state of New-York, which lies north of the counties of Dutchess and Ulster, and to be called the district of Albany; one to consist of the remaining part of the state of New-York, and to be called the district of New-York; one to consist of the state of New-Jersey, and to be called the district of Jersey; one to consist of that part of the state of Pennsylvania, which lies east of the river Susquehannah and the north-west branch thereof to the line betwixt Northumberland and Luzerne counties; thence westwardly along said line, betwixt Northumberland and Luzerne, and betwixt Luzerne and Lycoming counties until the same strikes the line of the state of New-York, and to be called the eastern district of Pennsylvania; one to consist of the remaining part of the state of Pennsylvania, and to be called the western district of Pennsylvania; one to consist of the state of Delaware, and to be called the district of Delaware; one to consist of the state of Maryland, and to be called the district of Maryland; one to consist of that part of the state of Virginia which lies to the eastward of a line to be drawn from the river Potomac at Harper's Ferry, along the Blue Ridge, with the line which divides the counties from the east side thereof from those on the west side thereof to the North-Carolina line, to be called the eastern district of Virginia; one to consist of the remaining part of the said state of Virginia, to be called the western district of Virginia; one to consist of the state of North Carolina, and to be called the district of North Carolina; one to consist of the state of
South Carolina, and to be called the district of South Carolina; one to consist of the state of Georgia, and to be called the district of Georgia; one to consist of that part of the state of Tennessee which lies on the east side of Cumberland mountain, and to be called the district of East Tennessee; one to consist of the remaining part of said state, and to be called the district of West-Tennessee; one to consist of the state of Kentucky, and to be called the district of Kentucky; and one to consist of the territory of the United States north west of the Ohio, and the Indian Territory, to be called the district of Ohio.
Sec. 5. And be it further enacted , That where any two adjoining districts of the United States shall be divided from each other, in whole, or in part, by any river, bay, water, water course, or mountain, the whole width of such river, bay, water, water course, or mountain as the case may be, shall be taken and deemed, to all intents and purposes, to be within both of the districts so as to be divided thereby.
Sec. 6. And be it further enacted , That the said districts shall be classed in six circuits in manner following, that is to say—the first circuit shall consist of the districts of Maine, New-Hampshire, Massachusetts, and Rhode Island; the second of the districts of Connecticut, Vermont, Albany, and New-York; the third, of the districts of Jersey, the eastern and western districts of Pennsylvania, and Delaware; the fourth, of the districts of Maryland, and the eastern and western districts of Virginia; the fifth, of the districts of North Carolina, South-Carolina, and Georgia, and the sixth, of the districts of East Tennessee, West Tennessee, Kentucky, and Ohio.
Sec. 7. And be it further enacted , That there shall be in each of the aforesaid circuits, except the sixth circuit, three judges of the United States, to be called circuit judges, one of whom shall be commissioned as chief judge, and that there shall be a circuit court of the United States in and for each of the aforesaid circuits, to be composed of the circuit judges, within the five first circuits, and in the sixth circuit, by a circuit judge and the judges of the district courts of Kentucky and Tennessee respectively, the duty of all of whom it shall be to attend, but any two of whom shall form a quorum; and that each and every of the said circuit courts shall hold two sessions annually, at the times and places following, in and for each district contained within their several circuits respectively; that is to say, the circuit court of the first circuit: at Providence on the eighth day of May, and at Newport on the first day of November, in and for the district of Rhode-Island; at Boston, in and for the district of Massachusetts, on the twenty second day of May and fifteenth day of October; at Portsmouth on the eighth day of June, and at Exeter on the twenty ninth day of September, in and for the district of New Hampshire; in and for the district of Maine, at Portland on the fifteenth day of June, and at Wiscasset on the twenty second day of September. The circuit court of the second circuit, at New-Haven on the fifteenth day of April; and at Hartford on the twenty fifth day of September, in and for the district of Connecticut; at Windsor on the fifth day of May, and at Rutland on the fifteenth day of October, in and for the district of Vermont; at the city of Albany, in and for the district of Albany, on the twentieth day of May and twenty fifth day of October; at the city of New-York, in and for the district of New-York, on the fifth day of June and the tenth day of November. The circuit court of the third circuit, at Trenton, in and for the district of Jersey, on the second days of May and October; at the city of Philadelphia, in and for the eastern district of Pennsylvania, on the eleventh day of May and eleventh day of October; at Bedford in and for the western district of Pennsylvania, on the twenty fifth day of June, and twenty fifth day of November; and at Dover, in and for the district of Delaware on the third day of June and twenty seventh day of October. The circuit court of the fourth circuit, at Baltimore in and for the district of Maryland, on the twentieth day of March and fifth day of November; at Lexington, in Rockbridge county, in and for the western district of Virginia, on the fifth day of April, and twentieth day of November; and at the city of Richmond, in and for the eastern district of Virginia, on the twenty fifth day of April, and fifth day of December. The circuit court of the fifth circuit, at Raleigh in and for the district of North Carolina, on the first day of June and first day of November; at Charleston on the sixth day of May and at Columbia on the thirtieth day of November, in and for the district of South Carolina; at Savannah on the tenth day of April, and at Augusta on the fifteenth day of December, in and for the district of Georgia; and the circuit court of the sixth circuit, at Knoxville, in and for the district of East Tennessee, on the twenty fifth day of March, and twenty fifth day of September; at Nashville, in and for the district of West Tennessee, on the twentieth day of April and twentieth day of October; and at Bardstown, in and for the district of Kentucky, on the fifteenth day of May and fifteenth day of November; and at Cincinnati in and for the district of Ohio, on the tenth day of June, and on
the tenth day of December, and so on the several days and at the several places aforesaid, in each and every year afterwards. Provided always , That when any of the said days shall happen on Sunday, then the said court hereby directed to be holden on such day, shall be holden on the next day thereafter; and provided also , that there shall be appointed in the sixth circuit a Judge of the United States, to be called a Circuit Judge, who, together with the district Judges of Tennessee and Kentucky, shall hold the circuit courts hereby directed to be holden, within the said circuit; and that whenever the office of District Judge in the districts of Kentucky and Tennessee respectively, shall become vacant, such vacancies shall respectively be supplied by the appointment of two additional Circuit Judges, in the said circuit, who together with the Circuit Judge first aforesaid, shall compose the Circuit Court of the said circuit.
Sec. 8. Provided always, and be it further enacted , That the said circuit courts hereby established shall have power, and hereby are authorized, to hold special sessions for the trial of criminal causes, at any other time or times than is hereby directed, at their discretion.
Sec. 9. And provided also, and be it further enacted , That if in the opinion of any judge of any of the said circuit courts, it shall be dangerous to hold the next stated session of such court, for any district within the circuit to which such judge shall belong, at the place by law appointed for holding the same; it shall be lawful for such judge to issue his order, under his hand and seal, to the marshal of such court, directing him to adjourn the said session, to such other place within the same district as the said judge shall deem convenient: which said marshal shall, thereupon adjourn the said court pursuant to such order, by making, in one or more public papers, printed within the said district, publication of such order and adjournment, from the time when he shall receive such order, to the time appointed by law for commencing such stated session; and that the court so to be held, according to, and by virtue of such adjournment, shall have the powers and authorities, and shall proceed in the same manner, as if the same had been held at the place appointed by law for that purpose.
Sec. 10. And be it further enacted , That the circuit courts shall have, and hereby are invested with, all the powers heretofore granted by law, to the circuit courts of the United States, unless where otherwise provided by this act.
Sec. 11. And be it further enacted , That the said circuit courts respectively shall have cognizance of all crimes and offences cognizable under the authority of the United States, and committed within their respective districts, or upon the high seas; and also of all cases in law or equity, arising under the constitution and laws of the United States, and treaties made or which shall be made, under their authority; and also of all actions, or suits of a civil nature, at common law, or in equity where the United States shall be plaintiffs or complainants; and also of all seizures on land or water, and all penalties and forfeitures, made, arising, or accruing, under the laws of the United States; which cognizance of all penalties, and forfeitures shall be exclusively of the state courts, in the said circuit courts where the offence by which the penalty or forfeitures is incurred, shall have been committed within fifty miles of the place of holding the said courts; and also of all actions, or suits, matters or things cognizable by the judicial authority of the United States, under and by virtue of the constitution thereof, where the matter in dispute shall amount to four hundred dollars, and where original jurisdiction is not given by the constitution of the United States to the supreme court thereof, or exclusive jurisdiction by law to the district courts of the United States: Provided always , That in all cases where the title, or bounds of land shall come into question, the jurisdiction of the said circuit courts, shall not be restrained, by reason of the value of the land in dispute.
Sec. 12. And be it further enacted , That the said circuit courts respectively, shall have cognizance currently with the district courts, of all cases which shall arise, within their respective circuits, under the act to establish an uniform system of Bankruptcy throughout the United States; and that each circuit judge, within his respective circuit, shall and may perform all and singular the duties enjoined by the said act, upon a judge of a district court: And that the proceedings under a commission of Bankruptcy which shall issue from a circuit judge, shall in all respects be conformable to the proceedings under a commission of Bankruptcy which shall issue from a district judge, mutatis mutandis .
Sec. 13. And be it further enacted , That where any action or suit shall be, or shall have been commenced, in any state court within the United States, against an alien, or by a citizen or citizens of the state in which such suit or action shall be, or shall have been commenced, against a citizen or citizens of any other state, and the matter in dispute, except in case where the title or bounds of land shall be in question, shall exceed the sum or value of four hundred dollars, exclusive of costs, and the defendant or defendants, in such suit or action shall be personally served with the original process therein, or shall ap-
pear thereto; or wherein any suit or action, so commenced, or to be commenced, final judgment for a sum exceeding four hundred dollars, exclusive of costs, shall have been rendered in such state court, against such defendant or defendants, without return of personal service on him, her, or them, of the original process in such suit or action, and without an appearance thereto, by him, her or them, and a writ of error, or writ of review, shall be brought by such defendant or defendants in such state court, to reverse the said judgment; or where any suit or action, shall have been or shall be commenced in any such court, against any person or persons, in any case arising under the constitution or laws of the United States, or treaties made or to be made under their authority; then, and in any of the said cases, it shall be lawful for the defendant or defendants, in such suit or action, at the time of entering his, her, or their appearance thereto, and for the plaintiff or plaintiffs in such writ of error, or writ of review, at the time when such writ shall be returnable, to file in such court a petition for the removal of such suit, action, writ of error, or writ of review to the next circuit court of the U. States, hereby directed to be holden in and for the district within which such state court shall be holden, and to offer to such state court, good and sufficient surety for entering, in such circuit court, on the first day of its next ensuing session, true copies of the process and proceedings, in such action, suit, writ of error, or writ of review, and also for his, her or their appearance in the said circuit court, at the period aforesaid, and then and there entering special bail, in the said suit, or action, if special bail was originally demandable, and demanded therein; whereupon it shall be the duty of the said state court to accept the said security, and to stay all farther proceedings in such suit, action, writ of error, or writ of review, and to discharge any bail that may have been given therein; and that the said copies being filed as aforesaid in such circuit court, and special bail, in manner aforesaid, being given therein, such suit, action, writ of error or writ of review, shall be therein proceeded on, tried, heard and determined in the same manner as if there originally commenced or brought: Provided always , That any attachment of the goods or estate of the defendant, by the original process in such suit or action, shall hold the goods or estate so attached to answer the final judgment in the said circuit court, in the same manner as by the laws of the state they would have been holden to answer the final judgment, had it been rendered by the court in which the suit or action was commenced.
Sec. 14. And be it further enacted , That when any suit or action, commenced or to be commenced, in any state court within the United States between citizens of the same state, the title or bounds of land shall come into question, it shall be lawful for either party, before trial, to state to the said court, and make affidavit, if thereby required, that he, she or they, doth or do claim under, and at the hearing or trial shall rely upon a right of title to the lands in dispute, under a grant, or grants, from a state other than wherein such suit or action is, or shall be pending, and to produce to the said court the original grant, or grants, so claimed under, or exemplifications thereof, except in cases where the loss of public records shall put it out of his, her or their power so to do; and to move that the adverse party do inform the said court, forthwith, whether he, she or they, doth or do claim the land in dispute, under a grant or grants from the state wherein such suit or action is, or shall be pending; whereupon the said adverse party shall give such information, or otherwise not be allowed to plead, or give in evidence in the cause, any such grant; and that if it shall appear from such information, that the said adverse party doth claim the said lands, under any such grant, or grants, then it shall be lawful for the party moving for such information, if plaintiff or complainant in the said suit or action, to remove the same, by motion, to the next circuit court of the United States, hereby directed to be holden in and for the district within which such state court shall be holden; and if defendant in the said suit or action, then to remove the same, as aforesaid, in the same manner, and under the like regulations, terms and conditions, as are provided in and by the preceding section of this act, in the cases of actions thereby directed to be removed; and that the said Circuit Courts respectively, into which such suit, or action, shall be removed, pursuant to the provisions in this section contained, shall proceed in, try, hear and determine the same, in like manner as if therein bro't by original process: Provided always , That neither party so removing any suit or action, shall be allowed, on the trial or hearing thereof, to plead, give evidence of, or rely on, any other title than that by him, her, or them, so stated as aforesaid, as the ground of his, her, or their claim.
Sec. 15. And be it further enacted , That any one Judge of the said circuit courts, shall be, and hereby is, authorized and empowered, to hold the same from day to day, not exceeding five days, to impanel and charge the grand jury, to order process on any indictment or presentment found in the said court; to direct subpoenas for witnesses to attend the same, and

the requisite process on the non-attendance of witnesses or jurors; to receive any presentment or indictment from the grand jury; to take recognizance for the attendance of any witness, or for the appearance of any person, presented or indicted; to award and issue process, and order commitment for contempts; to commit any person presented or indicted, for want of security or otherwise; to order publication of testimony; to issue commissions for the examination of witnesses, where allowable by law; to grant rules and orders of survey; to take order, where necessary, relative to jurors, to serve at the next stated session of the said court; to direct the examination of witnesses, de bene esse , where allowed by law; to make rules of reference by consent of parties, and to grant continuances on the motion of either party, upon such terms and conditions, as shall be agreeable to practice and the usages of law; and that if some other judge of the said court shall not attend the same within five days after the commencement thereof, inclusive, then the said court shall by virtue of this act, be continued over to the next stated session thereof; in which case, all writs, process, and recognizances, returned and returnable to the said court, and all actions, suits, process, pleadings, and other proceedings of what nature or kind soever, depending before the said court, shall, by virtue of this act, be continued to the next stated session of the same.
Sec. 16. And be it further enacted , That no person shall be arrested in one of the said districts, for trial in another, before any of the said circuit courts in any civil action; and that no civil action or suit, shall be brought before any of the said courts, by any original process, against an inhabitant of the United States, in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ; nor shall any district or circuit court have cognizance of any suit to recover the contents of any promissory note, or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents, if no assignment had been made except in cases of foreign bills of exchange.
Sec. 17. And be it further enacted , That the trials of all issues of fact, before any of the circuit courts hereby established except in cases of equity, and admiralty and maritime jurisdiction, shall be by jury.
Sec. 18. And be it further enacted , That any judge of any of the said circuit courts, shall be, and hereby is, authorized and empowered, in all cases cognizable by the court, whereof he shall be a judge, to grant writs of ne-exeat, and writs of injunction to stay waste, or to stay proceedings at law, on any judgment rendered by such circuit court, upon the like terms and conditions as such writs may be now granted, by the justices of the Supreme Court of the United States.
Sec. 19. And be it further enacted , That if in the opinion of any circuit judge, of the circuit within which such district may be situated, the life or lives, of any person or persons, confined in the prison of such district, under or by virtue of any law of the United States, shall be in imminent danger, arising from the place of such confinement, it shall, in such case be lawful for such judge, and he is hereby authorized and empowered, to direct the Marshal of such district to remove, or cause to be removed, the person or persons so confined, to the next adjacent prison, there to be confined, until he, the, or they, may safely be removed back, to the place of his, her, or their first confinement; and that the said removals, shall be at the expence of the United States.
Sec. 20. And be it further enacted , That all actions, suits, process, pleadings, and other proceedings of what nature or kind soever, depending or existing in any of the present circuit courts of the United States, or in any of the present district courts of the United States, acting as circuit courts, shall be, and hereby are, continued over to the circuit courts established by this act, in manner following; that is to say: all such as shall on the fifteenth day of June next be depending and undetermined, or shall then have been commenced and made returnable before the district court of Maine, acting as a circuit court, to the next circuit court hereby directed to be holden within and for the district of Maine; all such as shall be depending and undetermined before the circuit court for the district of New Hampshire, to the next circuit court hereby directed to be holden, within and for the district of New Hampshire; all such as shall be depending and undetermined before the circuit court for the district of Massachusetts, to the next circuit court hereby directed to be holden within and for the district of Massachusetts; all such as shall be depending and undetermined before the circuit court of the district of Rhode Island, to the next circuit court hereby directed to be holden, within and for the district of Rhode Island; all such as shall be depending or undetermined before the circuit court for the district of Connecticut, to the next circuit court hereby directed to be holden, within and for the district of Connecticut; all such as shall be depending and undetermined before the circuit court for the district of Vermont, to the next circuit court hereby directed to be holden, within and for the district of Vermont; all such as shall be depending and undetermined before the circuit court for the district of New York, to the next circuit court hereby directed to be holden, within and for the district of New York; all such as shall be depending and undetermined before the circuit court for the district of New Jersey, to the next circuit court hereby directed to be holden, within and for the district of New Jersey; all such as shall be
depending and undetermined before the circuit court for the district of Pennsylvania, to the next circuit court hereby directed to be holden, within and for the eastern district of Pennsylvania; all such as shall be depending and undetermined before the circuit court for the district of Delaware, to the next circuit court hereby directed to be holden, within and for the district of Delaware; all such as shall be depending and undetermined before the circuit court for the district of Maryland, to the next circuit court hereby directed to be holden, within and for the district of Maryland; all such as shall be depending and undetermined before the circuit court for the district of Virginia, to the next circuit court hereby directed to be holden, within and for the eastern district of Virginia; all such as shall be depending and undetermined before the circuit court for the district of North Carolina, to the next circuit court hereby directed to be holden, within and for the district of North Carolina; all such as shall be depending and undetermined before the circuit court for the district of South Carolina, to the next circuit court hereby directed to be holden, within and for the district of South Carolina; all such as shall be depending and undetermined before the circuit court for the district of Georgia, to the next circuit court hereby directed to be holden, within and for the district of Georgia; all such as shall be depending and undetermined before the district court of Tennessee, acting as a circuit court, to the next circuit court hereby directed to be holden, within and for the district of Tennessee; all such as shall be depending and undetermined before the district court of Kentucky, acting as a circuit court, to the next circuit court hereby directed to be holden, within and for the district of Kentucky; and shall there be equally regular and effectual, and shall be proceeded in, in the same manner as they could have been, if this act had not been made.
Sec. 21. And be it further enacted , That for the better dispatch of the business of district courts of the United States in the districts of Jersey, Maryland, Virginia, and North Carolina, additional district courts shall be established therein, in manner following, that is to say: The said district of Jersey shall be divided into two districts; one to consist of that part thereof, which is called East New Jersey, and to be called the district of East Jersey; a district court, in, and for which shall be holden at New Brunswick, by the district judge, of the district of Jersey, on the fourth Tuesday in November, in each and every year; and one other, to consist of the remaining part of the said district of Jersey and to be called the district of West Jersey, a district court in, and for which, shall be holden at Burlington, by the district judge last aforesaid, on the fourth Tuesday in February, and on the fourth Tuesday in August, in each and every year: And a new district shall be established, in the districts of Maryland and Virginia, to consist of the territory of Columbia, of all that part of the district of Maryland which lies west and south west of the river Patuxent, and of the western branch thereof, and south of the line which divides the county of Montgomery in the last mentioned district, from the county of Frederick, and of a line to be drawn from the termination of the last mentioned line, a north east course to the western branch of the Patuxent; and of all that part of the district of Virginia, which lies north of the river Rappahannock, and east of the line which divides the counties of Fauquier and Loudoun, in the last mentioned district, from the counties of Fairfax, Prince William, and Stafford: which new district shall be called the district of Potomac, and a district court in, and for the same, shall be holden at Alexandria, by the district judge, of the district of Maryland, on the first Tuesday in April, and the first Tuesday in October, in each and every year: And there shall be a new district established in the district of Virginia, to be called the district of Norfolk, and to consist of all that part of the said district of Virginia, which is contained within the counties of Isle of Wight, Nansemond, Norfolk, Princess Anne, James City, New Kent, Warwick, York, Elizabeth City, Gloucester, Matthews, Middlesex, Accomac, and Northampton; a district court, in, and for which district of Norfolk, shall be holden at Norfolk, by the district judge of the district of Virginia, on the first Tuesday in February, on the first Tuesday in May, on the first Tuesday in August, and on the first Tuesday in November, in each, and every year: And 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 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 the district 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 Pamptico, and to consist of all that part of the district of North Carolina aforesaid, 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 the river called New River; and for which district of Pamptico, a district court shall be holden at Newbern, 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: and one other to consist of the remaining part of the said district of North Carolina, and to be called the district of Cape Fear, in and for
which a district court shall be holden at Wilmington, by the district judge last aforesaid, on the last Tuesday in March, on the last Tuesday in July, and on the last Tuesday in November, in each and every year; which said courts hereby directed to be holden, shall severally and respectively have and exercise within their several and respective districts, the same powers, authority and jurisdiction, in all cases and respects whatsoever, which are vested by law in the district courts of the United States.
Sec. 22. And be it further enacted , That there shall be clerks for each of the said courts, to be appointed by the judge thereof, which clerks shall reside, and keep the records of the said courts, at the places of holding the courts, whereto they respectively shall belong, and shall perform the same duties, and be entitled to and receive the same emoluments and fees, which are established by law, for the clerks of the district courts of the United States, respectively; and that the marshals and attorneys of the United States, for the districts which are hereby divided, or within the limits of which new districts are hereby erected, shall continue to be marshals and attorneys for the courts hereby appointed to be holden within the limits of their present districts, respectively and shall have, exercise and perform within the jurisdiction of those courts, respectively, all the powers and duties, and receive all the fees and emoluments, appointed and established by law, for the marshals and attorneys of the United States.
Sec. 23. And be it further enacted , That the stated sessions of the district court of the district of Maryland shall hereafter be holden at Baltimore only.
Sec. 24. And be it further enacted , That the district courts of the United States, in and for the districts of Tennessee and Kentucky, shall be and hereby are abolished, and that all and singular the powers, authority and jurisdiction of the said courts, respectively, shall be and hereby are vested in, and shall be exercised by the circuit courts by this act directed to be holden in and for the district of East Tennessee, West Tennessee and Kentucky, respectively, within the limits of their respective jurisdictions; and that the circuit judges to be appointed for the six circuit aforesaid, severally shall be invested with, possess and exercise all and singular the powers now vested by law in the district judges of the United States.
Sec. 25. And be it further enacted , That in case of the inability of the district judge of either of the districts of the United States, to perform the duties of his office, and satisfactory evidence thereof being shewn to the circuit court in and for such district, it shall be the duty of such circuit court from time to time as occasion may require, to direct one of the judges of said circuit court to perform the duties of such district judge, within and for said district and during the period the inability of the district judge shall continue; and it shall be the duty of the circuit judge to whom the duties of the circuit judge shall be assigned in manner aforesaid and he is hereby authorized to perform the duties of the said district judge during the continuance of his disability.
Sec. 26. And be it further enacted , That the several circuit courts hereby established, shall have power to appoint clerks for their respective courts; that is to say, one for each district within which such court is or shall be directed by law to be holden; which clerks respectively, shall take the same oath or affirmation, and give the like bonds, as are by law required to be taken and given by the clerk of the supreme court of the United States; and shall be entitled to demand and receive, for their services respectively, the same fees, to be recovered in the same manner, as have heretofore been allowed by law for the like services, to the clerks of the circuit and district courts of the United States.
Sec. 27. And be it further enacted , That the circuit courts of the United States heretofore established, shall cease and be abolished; and that the records and office papers of every kind belonging to those courts respectively, shall be fatally kept by the clerks thereof, who shall continue in all respects to act as heretofore in the business of the said courts, until it shall otherwise be ordered by the courts hereby established.
Sec. 28. And be it further enacted , That the supreme circuit and district courts of the United States, shall be, and hereby are, constituted courts of record.
Sec. 29. And be it further enacted , That all writs and processes whatsoever, issuing from any of the circuit courts hereby established, shall after the first day of April next, bear test of the presiding judge of such court, before which time they shall bear test of the chief justice of the United States; all which said writs and processes, shall be signed by the clerks of the courts respectively, from which the same shall issue, and shall be made returnable to the next stated or special session of such court. And all writs and processes which have issued or may issue before the first day of April next, returnable to the circuit courts heretofore established, or to any district court, acting as a circuit court, shall be returnable to the circuit courts hereby established, and shall be there proceeded in, in the same manner as they could, had they been originally returnable to the circuit courts hereby established.
Sec. 30. And be it further enacted , That every justice of the supreme court of the United States, and every judge of any circuit or district court shall be, and hereby is, authorized and empowered, to grant writs of habeas corpus for the purpose of enquiring into the cause of commitment, and thereupon to discharge from confinement, on bail or otherwise: Provided always , that no writ of habeas corpus, to be granted
under this act, shall extend to any prisoner or prisoners in gaol, unless such prisoner or prisoners be in custody, under or by colour of the authority of the United States; or be committed for trial before some court of the same; or be necessary to be brought into court to give testimony.
Sec. 31. And be it further enacted , That the several courts of the United States, shall be, and hereby are authorized and empowered, to grant new trials, and re-hearings on motion and cause shewn, and to make and establish, all necessary rules, and regulations, for returning writs, filing pleas, and other proceedings; and for regulating the practice, and enforcing the orderly conduct of business, in the said courts respectively: Provided always , That the said rules and regulations, be not repugnant to the laws of the United States: and that all the courts of the United States, and each of the justices and judges thereof, shall be, and hereby are authorized and empowered, to administer all necessary oaths and affirmations, and to bind to the peace or good behaviour with surety where necessary, in all cases, arising under the authority of the United States.
Sec. 32. And be it further enacted , That every person who shall be appointed a judge of any circuit court hereby established, shall, before he shall begin to exercise the duties of his said office, take the following oath, or affirmation; that is to say: "I, A. B. do solemnly swear" (or affirm) "that I will administer justice without respect to persons; and will do equal right to all persons; and will, in all things, faithfully, and impartially, discharge and perform, all the duties incumbent on me as a judge of _____ according to the best of my abilities and understanding, and to the constitution and laws of the United States."
Sec. 33. And be it further enacted , That from all final judgments or decrees, in any of the district courts of the United States, an appeal, where the matter in dispute, exclusive of costs, shall exceed the sum or value of fifty dollars, shall be allowed to the circuit court next to be holden, in the district where such final judgment or judgments, decree or decrees, may be rendered; and the circuit court or courts are hereby authorized and required to receive, hear and determine such appeal; and that from all final judgments or decrees in any circuit court, in any cases of equity, of admiralty and maritime jurisdiction, and of prize or no prize, an appeal where the matter in dispute, exclusive of costs shall exceed the sum or value of two thousand dollars, shall be allowed to the Supreme court of the United States; and that upon such appeal a transcript of the libel bill, answer, depositions, and all other proceedings of what kind soever in the cause, shall be transmitted to the said Supreme court; and that no new evidence shall be received in the said court, on the hearing of such appeal; and that such appeals shall be subject to the same rules, regulations and restrictions, as are prescribed by law in case of writs of error; and that the said Supreme court shall be, and hereby is authorized and required to receive, hear and determine such appeals.
Sec. 34. And be it further enacted , That all final judgments in civil actions at common law, in any of the circuit courts hereby established, whether brought by original process in such court, or removed thereto from any state court, and all final judgments in any of the district courts of the United States may, where the matter in dispute exclusive of costs, shall exceed the sum or value of two thousand dollars, be re-examined and reversed or affirmed, in the Supreme court of the United States, by writ of error; whereto shall be annexed, and returned therewith at the day and place therein mentioned, an authenticated transcript of the record and alignment of errors, and prayer for reversal and also a citation to the adverse party, signed by a judge of such circuit court, or by the district judge as the case may be; which citation shall be served on the adverse party personally, or by leaving a true copy thereof at his or their usual place or places of residence, at least thirty days before the time mentioned in such writ of error, for the return thereof.
Sec. 35. And be it further enacted , That the stipulation bond or security, taken upon any writ of error or appeal to be brought or allowed as aforesaid, shall be returned by the judge taking the same, to the clerk or register of the court where the judgment or decree complained of was rendered, to be by him annexed to the transcript of the record, hereby directed to be sent up to the supreme court of the United States.
Sec. 36. And be it further enacted , That there shall be appointed, in and for each of the districts established by this act, a marshal, whose duty it shall be to attend the circuit courts of the United States hereby established, when sitting within such district, and who shall have and exercise, within such district, the same powers, perform the same duties, be subject to the same penalties, give the same bond with sureties, take the same oath, be entitled to and receive the same compensation and emoluments, and in all respects be subject to the same regulations as are now prescribed by law, in respect to the marshals of the United States heretofore appointed: Provided always , That the several marshals of the United States now in office, shall, during the periods for which they were respectively appointed unless sooner removed by the President of the United States, be and continue marshals for the several districts hereby established, within which they respectively reside; and shall perform the duties, exercise the powers, and receive the emoluments, hereby directed to be performed, exercised and received, by the marshals therein.

Commonwealth of Massachusetts.
In Senate, March 4, 1801.
WHEREAS application has been made to this Court, by a number of persons who served in the late American Army, during the war with Great Britain, praying for a grant of the unappropriated Lands in this Commonwealth, and as such a grant will promote the settlement of such land, as well as be some reward to those citizens, whose meritorious services in the Field, so essentially contributed to establish our Independence.
Resolved, That there be, and hereby is granted to each noncommissioned officer and soldier, who enlisted into the late American Army to serve during the War with Great Britain, and who was returned as a part of the States' quota of said Army, who did actually serve in said Army, the full term of three years, and who were honorably discharged; and unto the children, if any there be; if not, to the Widow of such noncommissioned officer and soldier, and to them only, who enlisted as aforesaid and died in said services, two hundred acres, to be laid out at the expence of the Commonwealth, as soon as there shall appear a number sufficient to take up a quantity of Land that shall be equal to one township of six miles square, to be divided and appropriated under such regulations as the General Court shall hereafter prescribe, within the following limits, viz. Beginning at the north east corner of the land now appropriated by the Committee for the sale of Eastern Lands, on the eastern line of this Commonwealth, thence running West, six miles, thence northerly in a line parallel with the said eastern line until a tract shall be completed sufficient for each noncommissioned officer and private soldier, their children or widows as aforesaid, to have the aforesaid quantity of two hundred acres, or twenty dollars as an equivalent for the aforesaid two hundred acres, to be paid out of the Treasury to the Selectmen of the Town, where any such noncommissioned officer or soldier, their children or widows as aforesaid, resides for his or their own use and benefit.
And be it further resolved, That where any such noncommissioned officer, or soldier, has deceased, or shall deceased, before he shall get possession of the land hereby granted to him, his children or widow as aforesaid, shall be entitled to the same, and in order to secure to said noncommissioned officers and privates and their children and widows as aforesaid, the benefit of this grant.
It is further resolved, That all deeds, mortgages, or conveyances of or bonds or contracts of every description concerning any of the said lands, which may be made by any such noncommissioned officer or private, his children or widow, before the same shall be laid out, and have a settlement made thereon, and five acres thereof shall have been brought under improvement shall be null and void.
Provided always, That no such noncommissioned officer or soldier, his children or widow, shall have any benefit from this Resolve, who shall not make application therefor within three years from the time of passing this Resolve, and who shall be null and void. And the Secretary is directed to publish this Resolve, in such of the newspapers printed in this Commonwealth as His Excellency the Governor may direct six weeks successively, directly after passing the same.
Sent down for concurrence, SAMUEL PHILLIPS, President. In the House of Representatives, March 4, 1801. Read and concurred. EDWARD H. ROBBINS, Speaker. March 5, 1801—Approved. CALEB STRONG. A true Copy—Attest, JOHN AVERY, Secretary.
To the Hon. the Senate, and the Hon. House of Representatives of the Commonwealth of Massachusetts in General Court assembled, at January Session, A.D. 1801.
THE Petition of the Subscribers humbly sheweth, that your petitioners, inhabitants of the Plantation now called Hiram, in the County of York, together with the inhabitants of a tract of land on the eastern side of Saco River, and adjacent to Brownfield, commonly called Brown's addition, and also Prescott's grant, humbly sheweth—That your petitioners labor under various grievances in consequence of our present unincorporated situation; and whereas the said tract of land are so situated that the inhabitants thereof can never be any better accommodated than to become one incorporation. The inhabitants of Brown's addition, are situated so remote from the majority of the inhabitants of Brownfield, which renders it inconvenient for the former to stand in connection with the latter, as the travel to public meetings (by the nearest route) will be as much as six miles, and those who may hereafter settle on said tract would doubtless have to travel ten or twelve miles on every public occasion, which, together with the badness of the roads renders the grievances great, laborious and expensive. The plantation of Hiram being small and insufficient for a town of itself, and there being no other tract of land, except the aforesaid addition, which can be added thereunto with convenience, the principal inhabitants thereof are situated by the side of Saco River, as is also the situation of the inhabitants of the addition, and that considerably compacted. The plans herewith presented will be more fully descriptive of the premises.
WE therefore pray your Honors that an act may pass the Legislature to incorporate the aforesaid tracts of land, together with the inhabitants thereon, into a town by the name of Hiram, with all the immunities and privileges which other towns enjoy by law; and as in duty bound your petitioners shall ever pray.
TIMOTHY CUTLER, and thirty three others.
Commonwealth of Massachusetts.
In Senate, Feb. 25, 1801.
ON the petition of Timothy Cutler, and others, inhabitants of the plantation of Hiram, Brown's addition and Prescott's grant, praying that said tracts of land may be incorporated into a town.
ORDERED, that the petitioners publish an attested copy of their petition with this order thereon, three weeks successively in Jenks' Portland Gazette, the last publication to be thirty days at least before the second Wednesday of the first session of the next General Court, that all persons interested may then appear and shew cause (if any they have) why the prayer of the said petition should not be granted.
Sent down for concurrence. SAMUEL PHILLIPS, President. In the House of Representatives, March 4, 1801. Read and concurred. EDWARD H. ROBBINS, Speaker. A true Copy. Attest—EDW. P. HAYMAN, Clerk of Senate.
ALL persons indebted to the subscriber, are requested to call and pay George E. Vaughan, my Attorney, or their notes and accounts will be put in suit without further notice.
ABRAHAM WELCH.
March 17, 1801.
TO THE HON. SENATE, AND HOUSE OF REPRESENTATIVES OF THE COMMONWEALTH OF MASSACHUSETTS, IN GENERAL COURT ASSEMBLED.
W E the subscribers, petitioners, inhabitants of the towns of Talmouth and Windham, humbly sheweth—That your petitioners have been at great expence in building dams, and erecting mills at the lower falls on Presumpscot river so called, Congin, Sacca-rappa, Horsebuck and the Great Falls, so called, at which there are annually sawed from one hundred and thirty to a hundred and fifty hundred thousand feet of boards which are shipped to foreign markets (except those that are sold at the mills for ready money, or for the use of the adjacent country.) And from the sale of this lumber, there are, on a moderate calculation, one hundred thousand dollars brought into these towns. Those mills employ from one hundred and eighty to two hundred men for eight months in a year. The people that live on Presumpscot river and the large Sebago and long ponds for ninety or an hundred miles, find profitable employment for the winter months in halting their surplus of timber into these ponds and river for the use of these mills, which would be otherwise destroyed in clearing their land for cultivation. Your petitioners do not remember of having seen any fish called shad or alewives above Presumpscot lower falls ever before these dams were built. That some of your petitioners have seen the fish called salmon pass over these dams, although there has been a sluice way open at the bottom of the dam, but there has never been but a few salmon seen in Presumpscot river, and but very few caught in it as your petitioners remember. Some say it is because there is such a vast quantity of logs drove down this river at a time when the salmon pass up the eastern rivers. If these dams were an obstruction to the salmon going up they would be found in great plenty below the upper dam, whereas there has been but very few seen. By reflecting on the preceding statement, your petitioners feel an assurance that your honors will see the propriety and expediency of giving every aid to works of such magnitude and importance as the mills on Presumpscot river, which afford such a vast quantity of lumber for the inhabitants' use, and for exportation to foreign nations. The object is very great compared with the advantages that arise from the small number of fish that go up Presumpscot river. Your petitioners have seen an act, passed March the first, in the year of our Lord one thousand seven hundred and ninety eight, entitled "An act for the preservation of fish called salmon, shad and alewives, in the rivers, streams and waters within the counties of Lincoln and Cumberland, and for repealing all laws made for that purpose, so far as respects their operation in said counties." As committees may not be united in the term sufficient sluiceways, whereby your petitioners will be in danger of being harassed and embroiled in suits at law, which to your petitioners who have been in the habit of peace, void of the spirit of litigation, will be extremely disagreeable, and will have a tendency to destroy that spirit of industry so necessary and advantageous to a community. Wherefore your petitioners pray that your honors would take their situation under serious consideration and repeal said act so far as it respects its operation on Presumpscot river. And as in duty bound your petitioners will ever pray. ANDREW HALL, and 82 others.
Commonwealth of Massachusetts.
In Senate, Feb. 3, 1801.
ON the petition of Andrew Hall, and others, praying that the river Presumpscot may be exempted from the operation of the act entitled "An act for the preservation of the fish called salmon, shad and alewives in the rivers, streams and waters within the counties of Cumberland and Lincoln."
Ordered, that the petitioners notify all persons concerned by publishing an attested copy of their petition and this order thereon, three weeks successively in Jenks' Gazette, printed at Portland, the last publication to be made thirty days at least previous to the second Wednesday of the first session of the next General Court, that they may then appear and shew cause, if any they have, why the prayer of the said petition should not be granted.
Sent down for concurrence. SAMUEL PHILLIPS, President. In the House of Representatives, Feb. 4, 1801. Read and concurred. EDWARD H. ROBBINS, Speaker. A true copy—Attest, EDWARD P. HAYMAN, Clerk of Senate.
TO THE HON. THE SENATE, AND THE HON. THE HOUSE OF REPRESENTATIVES OF THE COMMONWEALTH OF MASSACHUSETTS, IN GENERAL COURT ASSEMBLED; THE REPRESENTATION AND PETITION OF THE SUBSCRIBERS, HUMBLY SHEWETH—
THAT we, inhabitants of the town of Topsham, in the county of Lincoln, are proprietors and owners of Lands, lying on Muddy River in said Topsham; which Lands, owing to the flowing of the tide in said Muddy River, are of far less value than they would be if the tide was excluded and kept out; and that by excluding the tide many acres of the most valuable soil (which, being now overflowed by every tide, is unproductive and useless) would be acquired; and that the calculated expense of shutting out the tide holds proportion, in a very small degree, to the great and lasting advantage which would result thereupon.
Your petitioners therefore pray that they and their associates may be empowered by law, to erect a dam or dyke, to prevent the water from flowing up said Muddy River, nearly in the course of the northeasterly boundary line of the lot of land now owned by William Reed, and to raise money to defray the expence of the same; and that they may be vested with the same powers and privileges, which other bodies, incorporated for similar purposes, have and enjoy—And as in duty bound will ever pray.
John Rogers, Joseph Mustard, James Fulton, jun. William Reed, John Owen, David Reed, Steal Fofler, Samuel Foy, Arthur Hunter, Abner Rogers, Robert Hunter, Dated at Topsham, Jan. 26, 1801.
Commonwealth of Massachusetts.
IN THE HOUSE OF REPRESENTATIVES, FEB. 9, 1801.
ON the Petition of John Rogers and others, praying to be empowered to erect a dam or dike in Topsham, in the county of Lincoln, to prevent the water flowing up Muddy River, nearly in the course of the northeasterly boundary line of the lot of land now owned by William Reed.
Ordered, that the petitioners notify all persons concerned, by causing a true and attested copy of their petition with this order thereon to be published in Jenks' Gazette, printed at Portland, three weeks successively, the last publication to be twenty days at least before the second Tuesday of the first session of the next General Court, that they may then appear and shew cause, if any they have, why the prayer of said petition should not be granted.
Sent up for concurrence. EDWARD H. ROBBINS, Speaker. In Senate, Feb. 9, 1801. Read and concurred. SAMUEL PHILLIPS, President. A true copy. Attest—EDWD. P. HAYMAN, Clerk of Senate.
TO THE HON. SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF MASSACHUSETTS, IN GENERAL COURT ASSEMBLED.
THE Petition of the inhabitants of Poland, humbly sheweth, that great difficulties have arisen and will subsist with respect to our late incorporation, including a tract of land larger than any in the State, that we know of. In our present circumstances we cannot assemble at the Meeting-House which the Proprietors built for the public worship of God, and it is impossible in their present extensive situation, to agree on any spot to build on. In addition this, it is with difficulty that many of our inhabitants attend the necessary town business; these inconveniences call for some relief. Therefore your Petitioners pray your honors to take the subject into consideration, and set off all the lands north of Little Androscoggin River and incorporate the same into a separate town, the dividing line to be the middle of said Little Androscoggin River. Your petitioners further pray, that they may have one half of the lands, granted to Bakerstown for the encouragement and support of school or schools, set to them.—We your petitioners, having heretofore experienced your goodness, therefore we rely on it, that you in your wisdom will grant this our reasonable request; and as in duty bound will ever pray.
JOHN CHANDLER, } Selectmen of NICHOLAS NOYES, } Poland. CHANDLER FREEMAN, } Town Clerk.
Commonwealth of Massachusetts.
IN SENATE, FEB. 4, 1801.
ON the petition of the Selectmen and Town Clerk of the town of Poland, praying that a certain part of said town may be set off and incorporated into a separate town—
ORDERED, That the Petitioners publish an attested copy of their petition, with this order thereon, three weeks successively in Jenks' Gazette printed at Portland, the last publication to be thirty days at least before the second Wednesday of the first session of the next General Court, that all persons interested may then appear and shew cause (if any they have) why the prayer of said petition should not be granted.
Sent down for concurrence. SAMUEL PHILLIPS, President. In the House of Representatives, Feb. 4, 1801. Read and concurred. EDWARD H. ROBBINS, Speaker. A true copy—Attest, EDWARD P. HAYMAN, Clerk of Senate.
Direct Tax.
Twelfth Collection District, First Division, State of Massachusetts.
AGREEABLE to an act of Congress of the United States, passed the 14th July, A. D. 1798, entitled "An Act to lay and collect a Direct Tax within the United States"—
Notice is hereby given to the nonresident and unknown proprietors of the following lots and tracts of land within said Collection District, that a direct tax became due and payable on said lots and tracts the 7th day of April, 1800—viz.
Table with 4 columns: Description of the lot, Value of each lot, Reputed Owners, Amount of Tax. Includes entries for lots 3422, 4080, 3228, and 3228.
And unless said taxes are paid, together with necessary costs and charges, within sixty days, I shall proceed to collect the same by distress and sale of lots and tracts, agreeable to the 13th section of the above mentioned act of Congress.
BRYCE M'LELLAN, Collector of the 12th Collection District, First Division. Cannan, March 12th, 1801.
Direct Tax.
Fifteenth Collection District, First Division, State of Massachusetts.
NOTICE is hereby given to the nonresident and unknown proprietors of the following lots and tracts of land within said district, that a direct tax came due and payable on the seventh day of April, 1800, viz.
Table with 4 columns: Description of Lot, Value of each Lot, Tax on each Lot, Tax on each Lot. Includes entries for lots in Augusta and Hallowell.
That unless said taxes are paid on or before the 15th day of June next, so much of said Ladd will be sold at Vendue, on said day, at one o'clock in the afternoon, at my dwelling house in Hallowell, as will pay the same together with costs and charges.
JOHN SEWALL, Collector of said Collection District. Hallowell, March 12, 1801.
A great Chance.
TO BE SOLD, if applied for immediately, AN excellent stand for a Baker, or Trader, or both; situated in Northyarmouth, nearly opposite the Baptist Meeting House. The premises consist of about half acre of land, 5 rods in front, a new House two stories high, with an excellent Bake-room and Oven underneath the House, a good Barn, &c. For particulars apply to
John Merrill, on the premises. Northyarmouth, March 9.
To be Let,
A Very commodious DWELLING-HOUSE, at the easterly part of the town, two stories high, and a gambol roof—With two acres of land, convenient out-houses, and two excellent springs within a few yards of the house.—For terms, apply at this office. March 6, 1801.
To the Hon. the Senate and House of Representatives in General Court assembled.
THE Subscribers, being principal part of the owners of about five hundred acres of Salt Marsh lying within the towns of Scarborough in the county of Cumberland, and Pepperellborough, in the county of York, together with Pine-Point (so called) and the beach and flats situate between the sea and said Marsh; the same being bounded north-easterly by Scarborough or Black-Point river, westwardly and north-westwardly by the upland of Blue-Point, and old orchard (so called in Pepperellborough) and southeasterly by the sea—
Humbly sheweth, that the aforesaid tract of Marsh being a very valuable interest, is subject to great damages and injury from horses, neat-cattle and swine, being turned on to the beach and Pine-Point to feed; and also by horses, cattle and swine, going at large thereon, which are not turned on by their owners, but only suffered to go at large; and the situation of said Marsh on the southeasterly part thereof next the sea on the Pepperellborough side is such that it cannot be secured by fences, the flats from high to low water mark is about sixty rods distance, on which no fences can be erected, and on which horses, cattle and swine can easily pass on to the Marsh and Pine-Point, as they could pass along the high-way; and the Marsh cannot be fenced by erecting a fence above high-water mark, the whole length of the said tract of Marsh being more than two miles: Because there is a river (called Little River) which intersects the said tract, and at and near the outlet of said river are broad, sandy flats which extend back into the said Marsh, on which no kind of fence can be built across and over said river; and by which horses, cattle and swine can at low water as easily pass on to said tract of Marsh as they can from the sea flats: Our interest thus situated must be almost totally lost to us without the interposition of the Legislature; your petitioners therefore pray that a law may be passed subjecting every person who shall turn his horses, cattle or swine of any kind on to said Marsh, beach or Pine-Point, to a fine equal to the whole value of all such horses, cattle or any kind, or swine to turned on, and also subjecting the owner of any horse, cattle or any description of swine found going at large on said Marsh, flats or Pine-Point, to a fine of one dollar for each one such creature thus found thereon going at large; and that all such persons may be subject to the same penalties whether they are owners in said Marsh, land, flats, or not:—And as said tract of marsh extends two miles or more in length between which and the sea is a sandy ridge of land terminating in what is commonly called Pine-Point, extending from a road in Pepperellborough (leading to said beach near the easterly part of said town) on the margin of said tract of Marsh and of the sea-wall unto the mouth of Black-Point river; which ridge is chiefly covered with a growth of pitch-pines and shrub beaches, the only defence to prevent the sand from blowing over into said Marsh and destroying the whole of it; your Petitioners therefore pray that every person whether he be an owner in said tract of Marsh, land, flats, or not, may be subjected to a fine of ten dollars for each tree he may cut down or destroy on said ridge or any part thereof, unless it be by the consent of all the owners of said Marsh—or otherwise your Honors would grant such other relief as you in your wisdom may judge most expedient: And as in duty bound your Petitioners shall ever pray.
JAMES GRAY, jun. THOMAS CUTTS, WILLIAM MOODY, ROBERT JAMESON, EDWARD RUMERY, WILLIAM GOOGINS, ROBERT JAMESON, jun. ROBERT SOUTHGATE. Pepperellborough, January 5th, 1801.
Commonwealth of Massachusetts.
In the House of Representatives, Feb. 19th, 1801.
ON the Petition of James Gray and others, owners of a certain tract of Marsh in Pepperellborough and Scarborough, praying, that a law may be passed to prevent horses, neat cattle, &c. from going at large, and being turned on said Marsh, and for other purposes referred to in said petition.
ORDERED, That the Petitioners cause an attested copy of their petition, and this order thereon to be published three weeks successively in the newspaper published by Eleazer A. Jenks of Portland, the last publication to be three weeks at least, before the second Wednesday of the first session of the next General Court, that all persons interested may then appear and shew cause (if any they have) why the prayer of said petition should not be granted.
Sent up for concurrence, EDWARD H. ROBBINS, Speaker. In Senate, February 21st, 1801. Read and concurred. SAMUEL PHILLIPS, President. A true copy—Attest, EDWARD P. HAYMAN, Clerk of Senate.
Take Notice.
THE subscribers take this method to inform the public that they are about removing from this town; and call on all persons who have any accounts open with them, for immediate settlement; those who are indebted to make immediate payment, and those who have demands to call and receive their pay.
Payn Elwell & Sons.
Northyarmouth, March 13.
THIS GAZETTE,
Is published every Monday, at E. A. JENKS' Office, next door to the Portland Bank, Middle-street; where Subscriptions, Advertisements, and Communications, are received with attention.
The price is ONE DOLLAR AND FIFTY CENTS a year, exclusive of Postage.
As this Gazette has by far the most extensive circulation of any paper printed in Maine, it is highly advantageous for advertisements, which will be inserted reasonably, and in a conspicuous manner.
PRINTING,
In its various branches, executed in the neatest manner, and at the shortest notice.

SUPPLEMENT TO JENKS' PORTLAND GAZETTE.
PUBLISHED BY ELEZER ALLEY JENKS, PRINTER OF THE LAWS OF THE UNITED STATES, FOR THE DISTRICT OF MAINE.
[NUMBER 154]
MONDAY, APRIL 6, 1801.
[VOLUME III.]
Portland,
MONDAY, APRIL 6, 1801.
MR. JENKS. THE Federal Ticket which will be THIS DAY supported by the lovers of good men, and judicious measures...
GOVERNOR, His Excellency CALEB STRONG, Esq. LT. GOVERNOR, Hon. SAMUEL PHILLIPS, Esq. SENATORS, Hon. STEPHEN LONGFELLOW, and SAMUEL P. RUSSELL, Esqrs.
The Editor will particularly thank the Town Clerks in this District to forward him, by the first conveyance, a statement of votes given in this day for Governor, &c.
The Courts of Common Pleas and General Session of the Peace for the county of Cumberland, were holden in this town last week. They are adjourned to Monday the 13th inst.
The Hon. George Thatcher, Esq. has taken his seat as one of the Judges of the Supreme Court.
Hon. Silas Lee, Esq. passed thro' town yesterday, from Washington, on his way home.
Capt. Mead, from Jamaica, furnished a file of Kingston and Falmouth papers to the 11th March. They do not contain any intelligence of importance.
Thursday last arrived at Salem, ship Ulysses, Capt. Mugford, 29 days from Lisbon. Capt. M. informs that the threatened invasion of Portugal had caused considerable agitation in Lisbon. The French had arrived on the borders of Spain, and there halted; while the Spanish had made some show of marching troops against Portugal; and, in consequence all the Portuguese troops in Lisbon had marched towards the frontiers. But it was expected the business would end in the payment of a sum of money by the Portuguese.
Letters received at Newyork from the City of Washington, state that President Jefferson will revoke the major part of the appointments made by Mr. Adams, previous to his retirement. Bost. Gaz.
Frigate Semillante, has arrived at Norfolk from France, and brought out M. Pichon, to reside in the United States as Consul General. He immediately proceeded to Washington and was introduced to the President.
Mr. Dawson failed from Baltimore the 23d ult. in the Maryland sloop of War, to bear the treaty to France.
No appointment of Secretary of the Navy has yet been made.
Hon. Levi Lincoln, acts as Secretary of State, in the absence of Mr. Madison.
From HARTFORD, March 23.
By reason of the heavy rains during this week past, the streams in this part of the country, as far as we have heard, in every direction, have risen to an unexampled height, and caused an immense destruction of property, public and private. Bridges, Mills, fences, buildings of all descriptions, dwelling houses, barns, &c. are swept away, many families reduced to distress, by either being driven from their habitations for a season, or in having them completely destroyed. In this town, there is no mark of so high a flood in Connecticut River, since the year 1692. The rise was so rapid, as that people were scarcely able to secure their most valuable property in stores, and houses, before, the buildings were filled with water. Every family in that part of the town which lies near to the river, has been forced to flee for refuge among their neighbors, many of the families were taken from the windows, into boats, and carried away; some of the one story houses, are in water to the roofs; the lower stories of all are nearly filled; and the scene wears the appearance of extreme desolation and melancholy. Front street from the little river, to the north-meadow gate, is so full of water, that boats pass the whole length.
FROM NEW HAVEN, MARCH 24.
The damage done at Waterbury, (Con.) by the rising of the waters in consequence of the late rains is estimated at 20 000 dolis. Mr. Benjamin Baldwin, aged 48, was drowned in attempting to save part of a bridge.
FROM NORWICH, MARCH 25.
Since our last, we have experienced a S. E. gale, accompanied with rain, which fell in such torrents as to raise the rivers to an uncommon height. Several parts of the place were so completely inundated as to prevent passing except in boats. No material damage has been sustained here, though we understand two bridges were destroyed in Windham.
Some disagreement certainly occurred between Denmark and Russia, the latter part of January. The Danish minister and his suite were ordered, and departed from Petersburg—and the Russian ambassador was re-called from Copenhagen. The latest accounts report that these Courts are reconciled again. But most of the powers mentioned as forming the new confederacy have different views. Their long coherence is not to be expected.
We have not much faith in the philanthropy of the Emperor Paul. We believe he is really as indifferent to neutral rights as to the rights of his subjects. Those republicans must be weak who suffer themselves to be used for his exclusive purposes. A Despotism and a Republic linked together in the cause of Liberty is ridiculous!
Mr. Joseph King, of Rutland, in the spring of the year 1799, planted in a part of his garden a small quantity of seed taken from the balls of potatoe vines, which produced him one half bushel of potatoes—in the spring of the next year he planted this half bushel of potatoes, on a spot of ground in his field prepared as usual for potatoes, which produced him 35 1/2 bushels. These were of different kinds, of the common size, and of an excellent quality. It is also remarked that the third year's produce is much greater from the same quantity of seed. Worcester paper.
The entertainment advertised for this evening, is worthy the attention of the curious. The feats of Activity by Mr. Robinson excite the surprise and admiration of all. Donegane's performances on the Rope and Wire are superior to any thing of the kind ever attempted here.
DIED at North-Yarmouth, on the 13th ult. Jonas Mason Esq. in the 93d year of his age. This deceased gentleman early in life received a commission for the Peace, and afterwards was one of the Judges of the Pleas, &c. of which he resigned before the revolution with Great Britain. He was also one of the Deacons of the First Church in North-Yarmouth about forty years. He was a man of decent abilities, amiable manners and most benevolent disposition; and sustained the character of a very pious, good man. He is undoubtedly gone to receive the reward of the just.
Portland Marine List.
PORT OF PORTLAND.
Wednesday, April 1.—Arrived Ship John, Capt. Robert Motley, from the Havana, left from the Vineyard.
Saturday, April 4.—Arrived Schooner Betsy, Capt. Robert Storer, from Port Republican, after a passage of 14 days from land to land. Sailed from Port Republican the 8th March—On the 10th, 2 leagues from the Platform, fell in with an English Sloop of war, on a cruise, treated politely and permitted to pass. A few hours previous to being boarded by her, she had taken a French sloop and small Schooner from at anchor under the Platform.—March 12, spoke Schooner Fanny, Chadwick, of and for North-Carolina, bound to Jamaica, 19 days out.—March 15, boarded by the Providence sloop Plover, of 8 guns, had captured the South-Carolina, of Charleston, from the Cape, bound home, and 7 other Americans and sent them to New- Providence. The above South-Carolina brig, was captured on account of her private letters; the Privateer is commanded by John Herrington.—March 19, in lat. 24. long. 72. 28, parted with capt. Coombs, Schooner Thomas of this port, from Port Republican.—March 31, lat. 40. long. 71. 30, spoke Schooner Betsy, of Wells, Capt. Webb, from Port Republican, 42 days out, parted with him in the South Channel; Same day spoke brig Eliza, capt. Nathaniel Thatcher of Newburyport from St. Bartholomews. 20 days out, bound home.—April 2, spoke Schooner Mary Ann, from Boston, capt. Samuel Dean for An-tigua, 24 hours out, lat. 41, long. 69, 30. Markets dull.
American Vessels at Port Republican, March 7—Brig Minerva, March, Newburyport; Schooner Industry, Bradshaw, Salem; Brig Dispatch, Vinson, Baltimore; Snow William, McDonald, Charleston; Ship Dispatch, Maxwell, Philadelphia; Brig Mohawk, Sage, New-York; Brig Franklin, Howard, Kennebec; Schooner Phenix, Cox, Charleston; Schooner Moncrieff, —, Balim.
Same day.—Ship Portland, Capt. Vicks, from Nantucket having been blown upon the rocks.
Same day.—Brig Polly, Capt. Luce, from the Havana, left from Boston.
Same day.—Schooner Jane, Capt. Chandler, of North Yarmouth, from Port Republican.
Same day.—Schooner Farmer, Capt. Small, 24 days from St. Croix. Left there, Capt. Brazier and Marston, of this port.
Same day.—Brig Industry, Capt. Mead, 23 days from Falmouth, Jamaica. Left at Montego Bay, Schooner Fanny, Kennebec, of Portsmouth—At Martha Bay, ship Cygnus, Gore, and brig Integrity, Crow, for New-York.—March 23, off the Commanders spoke sloop Minerva, Williams, for New-York. He had lost his mate overboard the same morning. On the 11th spoke brig Polly and Mary Ann, of Philadelphia, 7 days from Kingston, for Philadelphia. On the 30th, spoke Schooner —, Capt. Ezekiah Smith, from Surinam, for Boston. 31st spoke sloop Nancy, from St. Kitts, bound to Newbern.
The U. S. frigate Philadelphia, capt. Decatur, has arrived in the Delaware from a cruise.
An English, a French, and an American Frigate, are lying in Hampton Roads.
Bankruptcy.
WHEREAS a commission of Bankruptcy, founded upon the act of Congress of the United States, passed on the 4th day of April, 1800, entitled "An act to establish a uniform system of Bankruptcy throughout the United States," has been awarded and issued against
Richard Winflow,
at a place called Marsh Island, in the District of Maine, Trader, and the said Richard Winflow has been declared a Bankrupt; he is hereby required to surrender himself to the Commissioners in the said Commission named, or to the major part of them, on the 10th day of April, and the 24th of the said April, and the 22d May next, at 10 o'clock in the forenoon of each day, at the Auction Room of Edward Oxnard, in Fifth-street, Portland, and make a full disclosure and discovery of his estate and effects; when and where his creditors are hereby notified to come prepared to prove their debts; and at the second meeting to choose an assignee, or assignees; and at the last meeting, said Bankrupt is required to finish his examination; and at the said last meeting any of the creditors of said Bankrupt may be heard, if they shall think fit, before said Commissioners, against the making or allowing of a certificate to the Judge of said District to entitle the said Bankrupt to a certificate of discharge.—All persons indebted to said Bankrupt are to make payment, and those who have any of his effects, are to deliver the same to such persons only, as the Commissioners shall appoint.
EDWARD OXNARD, JAMES NEAL, JOSEPH TITCOMB.
Portland, 1st April, 1801.
WHEREAS a commission of Bankruptcy, founded upon the act of Congress of the United States, passed on the 4th day of April, 1800, entitled "An act to establish a uniform system of Bankruptcy throughout the United States," has been awarded and issued against
Thomas Adie,
resident at Portland, in the District of Maine, Merchant, and the said Thomas Adie has been declared a Bankrupt; he is hereby required to surrender himself to the Commissioners in the said Commission named, or to the major part of them, on the 3th of April, and the 27th of said April, and the 25th of May next, at 10 o'clock in the forenoon of each of said days, at the Auction Room of Edward Oxnard, in Fifth-street, Portland, and make a full disclosure and discovery of his estate and effects; when and where his creditors are hereby notified to come prepared to prove their debts; and at the second meeting to choose an assignee, or assignees; and at the last meeting, said Bankrupt is required to finish his examination; and at said last meeting any of the creditors of the said Bankrupt, may be heard, if they shall think fit, before said Commissioners, against the making or allowing of a certificate to the Judge of said District to entitle the said Bankrupt to a certificate of discharge.—All persons indebted to said Bankrupt are to make payment, and those who have any of his effects, are to deliver them, to such persons only, as the Commissioners may appoint.
EDWARD OXNARD, JOSEPH C. BOYD, JOSEPH TITCOMB.
Portland, 1st April, 1801.
WHEREAS a commission of Bankruptcy, founded upon the act of Congress of the United States, passed on the 4th day of April, 1800, entitled "An act to establish a uniform system of Bankruptcy throughout the United States," has been awarded and issued against
Bradstreet Hale,
of Portland, in the District of Maine, Merchant, and the said Bradstreet Hale has been declared a Bankrupt; he is hereby required to surrender himself to the Commissioners in the said Commission named, or to the major part of them, on the 10th day of April, and the 25th of said April, and the 23d of May next, at 10 o'clock in the forenoon of each of said days, at the Auction Room of Edward Oxnard, in Fifth-street, Portland, and make a full disclosure and discovery of his estate and effects; when and where his creditors are hereby notified to come prepared to prove their debts; and at the second meeting to choose an assignee, or assignees; and at the last meeting, said Bankrupt is required to finish his examination; and at said last meeting, any of the creditors of said Bankrupt may be heard, if they shall think fit, before said Commissioners, against the making or allowing of a certificate to the Judge of said District, to entitle the said Bankrupt to a certificate of discharge.—All persons indebted to said Bankrupt are to make payment, and those who have any of his effects, are to deliver the same, to such persons only, as the Commissioners shall appoint.
EDWARD OXNARD, EBENEZER MAYO, JOSEPH TITCOMB.
Portland, 1st April, 1801.
WHEREAS a Commission of Bankruptcy, founded upon the act of Congress of the United States, passed on the 4th day of April, 1800, entitled "An act to establish a uniform system of Bankruptcy throughout the United States" has been awarded and issued against
Joseph Morrill,
of Biddeford, in the District of Maine, Esquire; and he being declared a Bankrupt, is hereby required to surrender himself to the Commissioners in the said Commission named, or to the major part of them, on the first, fifteenth and twenty ninth days of April next, at three o'clock in the afternoon of each of the said days, at the house of John Clapp, Esquire, in Pepperrellsbury in said District, and make a full disclosure and discovery of his estate and effects; when and where the Creditors are to come prepared to prove their debts; and at the second meeting to choose an assignee or assignees; and at the last meeting said Bankrupt is required to finish his examination. All persons indebted to said Bankrupt, are to make payment, and those who have any of his effects, are to deliver the same to such persons only, as the Commissioners shall appoint.
SAMUEL PIERSON, JAMES GRAY, jun. DANIEL GRAINGER, } Commissioners.
Pepperrellsbury, March 18, 1801.
PUBLIC SALES.
TOMORROW, 7th of April,
WILL BE SOLD AT THE AUCTION ROOM IN FISH STREET, PRECISELY AT 10 O'CLOCK, FOR THE BENEFIT OF THE CREDITORS OF JOHN O. WATTS, DECLARED A BANKRUPT— A VARIETY OF GOODS, consisting of super-fine and common Broad Cloths, Kerseymere, Baizes, Muffs, Muslin Handkerchiefs, Pound Threads Long and short Gloves, Ginghams, Shawls, Janes, Durants, Hatts, 44 lb. Pins, Pewter Plates and Basons, Brats and Iron Candlesticks, Block Tin Tea Pots, Frying Pans, Coffee Mills, Sewing Needles, Japan'd Tea Canisters, 3 Casks Whiting, 1 Cask Sheathing Nails, 60 lb. Souchong Tea, 1 Cask Wine, 2 barrels Beef, 10 Casks Vinegar, a quantity of Horse Whips, with an assortment of other articles too numerous to particularize. EDWARD OXNARD, Auctioneer.
At Wm. Fennelly's Office, FORE-STREET, On TUESDAY, THURSDAY, and SATURDAY next, A GREAT VARIETY OF English and India Goods. A quantity of Bohca Tea; Indigo; 12 new and second hand Watches, viz. Gold, Silver, and Pinchbeck; 40 pieces India Cottons; 12 bbls. Cider; 50 reams Writing Paper; 3 kegs Fig Tobacco—Together with a variety of other Goods, which must be sold without reserve.—Sale at 11 O'clock, A. M.
AT PRIVATE SALE.
Just received, a variety of Live Geese, Russia and Lisbon FEATHERS, of an excellent quality; good Ticking, of various kinds, and Beds put up at the shortest notice; a few barrels excellent Cider; Bohca Tea; English and India Goods; 200 frows half pint Tumblers; 50 do. pint do.; a variety of Hats; House Furniture, &c. N. B. A few BOARDERS may be accommodated—please to apply as above.
Spring Goods at Auction.
R. G. Shaw, & Co.
Will expose, at their Office, No. 65. State-street, Boston, at PUBLIC VENDUE.
On TUESDAY, the 21st of April next, FIFTY-LIGHT Packages choice fashionable Spring and other GOODS, just received from Greenock and Liverpool, via Newyork, consisting chiefly of the following articles, which will be struck off without reserve, to the highest bidder for account of the shippers, at a credit of two, four, and six months, for approved endorsed notes, viz,
Carpets and Carpeting, common, damask and ingrain'd; Broadcloths, Plains Swanfdowns and Baizes, Men's Hats assorted; Calicoes, Ginghams and Printed Mullins; Purple, Chints and Olive Shawls, Cotton and Linen Checks; Linen and Cotton Pocket Handkerchiefs, Silk and Linen Threads; White and colored Mercilles Quiltings; Colored and white Mullin-cotts; Dimities and CottonHose, Book Mullin Hdks. Mullin Tambored Hdks. Tambored, Sprigged and spotted Jaconet Mullins; White and colored, Lap-pet, do. 4-4, 6-4, Cambric do. 4-4, 6-4, Plain Book do. 4-4, 6-4, 6-4 Plain Jaconet do. Plain Jaconet Hdks. Pulicat Handkerchiefs; Umbrellas & Parasols, &c. Sale, 9 o'clock.
To be sold by the Package, or in Lots, to suit purchasers. The above will comprise a most complete assortment. Each package being particularly assorted, with goods suitable for the season; and calculated for this market. Country merchants, will find it for their interest, to avail themselves of this opportunity, to get an early supply of Goods, for the spring trade. * Catalogues to be had, on the morning of the sale.
TAKE NOTICE.
To be sold at public sale in Scarborough, on Wednesday, the 29th day of April next, at 2 o'clock afternoon—
ALL the REAL ESTATE of Doctor Mathias Rice, late of Scarborough deceased, consisting of about six acres of good land in two distinct lots; a large convenient Dwelling House, barn &c. Terms of sale will be calculated to meet the wishes of the purchaser, and may be known by application to ROBERT SOUTHGATE Esq. or JOSEPH EMERSON near the premises.
To be sold at public sale the second day of July, at two o'clock in the afternoon.
ONE hundred acres of LAND—A DWELLING HOUSE, one story, 28 by 32, finished outside and part inside. The said Land is a neck closed by the water, so that sixty rods of fencing will inclose the whole.—Six loads of Salt Hay, and four loads of English, are cut on said land—very commodious for shipbuilding—well wooded and timbered—a good pasture—Lying in Ashleborough, county of Lincoln, the eastern side of Damariscotta Bay. For further information, apply to BENJAMIN PLUMMER, adjoining the premises. March, 1801.
Fresh Garden Seeds.
JUST received for sale, at WILLIAM HUDSON'S Grocery Store, in the new brick building in Middle-street, near the head of Union street, an assortment of genuine GARDEN SEEDS, of the last importation. March 23.
APPRENTICES.
The best encouragement will be given to two Lads as apprentices to the Printing business by a speedy application at Jenks' Office, Portland. March 30, 1801.

Direct Tax.
THE delinquents in the Direct Tax, on Estates in the town of PORTLAND, are desired to notice, that pursuant to law the Collector is obliged to sell at public sale all Estate upon which the taxes remain unpaid on the 7th day of this month.
Ebenezer Mayo, Collector.
Portland, April 3d, 1801.
FIVE or Six single deck burthen some VESSELS, from 100 to 140 Tons, are wanted to take freights of live Oak Timber from Georgia to different ports in the United States.—For terms apply to
Jacob Sheafe.
Portsmouth, March 28, 1801.
Aaron Fitz,
SADDLER AND CHAISE MAKER,
Respectfully informs the public, that he has taken the shop in Fifth-Street, lately occupied by Mr. William Colman, nearly opposite the Maine Fire and Marine Insurance Office; where he carries on the Saddle, Harness, & Trunk making business in their various branches.
Has for sale, a general assortment of Saddles; Ladies' Hunting, do.; Portmanteaus; Post Bags; Saddle, do. Bridles; Whips, &c. &c. &c. Likewise a large assortment of TRUNKS—Also, two genteel tub-bottom Chaises, with tops to ship and unship; one with iron axle and harness; one full sweep Chaise, with standing top, and harness; two second hand tub-bottom Chaises, standing tops, one iron axle with harness; one second hand full sweep Chaise, with standing top and harness; one second hand full sweep Sulkey, with standing top, and harness—cheap for cash or approved credit.
Portland, April 6.
P. Thornhill,
TAILOR,
Next door to Mr. Fennelly's Auction Office, Fore-street, INFORMS the public, that he carries on the Tailoring business, at said shop—where he will be happy to receive the commands of those who may please to employ him. Great attention will be paid in cutting out garments of every description, on the shortest notice.
As all are sensible that it requires some time for a stranger to be generally known. The advertiser prefers the recommendation of those who may employ him, to any thing that can be said in an advertisement.
Portland, April 6.
To Let, or For Sale,
A convenient DWELLING-HOUSE, Barn, with 12 acres of Land, on which is an Orchard of 51 Apple Trees; all of which are in good order—situated 7 miles from Portland, on the road to Gray. The House is nearly new, has a good cellar, 3 lower rooms and kitchen on a floor, and two chambers. The Barn is an oak frame and well boarded and shingled. The place is calculated for a Tavern, and will be sold for 600 Dollars, and payment made convenient.—For further particulars inquire of the Printer, at Portland, or JOHN W. QUINCY, Boston.
N. B. The House is warranted free from Witches or any other Evil Spirits, except a few Rats, any report of evil minded persons in this enlightened age to the contrary notwithstanding.
Feb 9. (3m—50)
Lands for Sale,
Cheap for Cash or Approved Credit.
THE subscriber proposes moving to North Carolina, within three years, if the Lands hereinafter mentioned can be sold to advantage. The said Lands are situated as follows, viz.
 2000 acres situated in the College Township No. 4, on Penobscot River, Maine.  1620 do. in the Groton Academy Township, on said Penobscot River.  1500 do. in East-Andover, formerly belonging to the state.  150 do. in East Andover old-town, on Ellis's River.  47 do. on Surdavant's Island, in the town of North-yarmouth, Casco Bay.  374 do. on an island in Winnipiseogee pond, in Gil-mantown, New Hampshire.  100 do. in the town of Suncook, formerly owned by Timothy Winn.  100 do. in Flimtown, formerly owned by William Harding.  96 do. in Topsham, Vermont, which on an average produces 24 tons of hay annually.  178 do. in Waterbury, on Onion River, on the main road, Vermont.  960 do. in Sterling, on the river La Moille, county of Franklin, Vermont.  400 do. in Dunham, Lower-Canada—and  1 of an acre in Portland, District of Maine. 
For terms, inquire of the subscriber in Portland, or of DANIEL TABER, in said Portland, where likewise the titles of said Lands may be examined.
ABRAHAM WELCH.
Portland, March 12, 1801.
N. B. For sale, a small new Schooner, apply as above.
WHEREAS the underwritten has been appointed by the President of the United States of America, with the advice and consent of the Senate thereof, as Consul from the said U. States, for the Colonies of Essequibo and Demerara—He informs by these presents, all whom it may concern, that he will facilitate any business for those who trade at said colonies, in the sales of their cargoes; and give them every aid and assistance in his power, in whatever regards their mercantile transactions.
Having been resident in said colonies off and on, for thirty-six years, he is well acquainted with the good and indifferent purchasers; and advises the commanders of vessels to call on him for enquiry, so as to dispose of their cargoes to such persons only, as the underwritten will recommend; in order to prevent the delay of payment, by which the commerce is more or less become unprofitable to its owners.
Consignments, and collecting of protested bills, notes and accounts, will be attended to by
N. Rousselet,
Residing on Stabrock, Demarary.
FOR SALE, By Stephen M'Lellan,
At No. 18, Union Wharf, 30 bbls. N. E. RUM, 40 bbls. BRANDY, 25 casks RAISINS, 20 bbls. Superfine FLOUR, 80 kegs BUTTER, 50 bbls. No. 1 BEEF, 20 bbls. No. 2 do. 5 casks MALAGA WINE, 10 crates LIVERPOOL WARE, 20 bbls. TAR, 5 bbls. BEER, RUSSIA DUCK, and SEWING TWINE, BBS. VINEGAR, PORTER, by the dozen. Portland, April 6.
Supervisor's Office—District of Massachusetts.
PUBLIC notice is hereby given, That by an act passed in the last Session of Congress, entitled "an act to amend the act entitled an act to establish a General Stamp Office," so much of the said act to establish a General Stamp Office, as requires certain Duties to be performed by the Surveyors of the Revenue is repealed. And that provision is made by said emendatory act, "that, whenever any person or persons shall pay to a Collector of the Revenue, the duty chargeable by law, on a deed, instrument, or writing, on which the stamp duty chargeable by law shall not have been paid, together with the sum of ten dollars, and shall obtain the endorsement and receipt of such Collector upon such deed therefor, agreeably to the provision of an act entitled "an act to establish a General Stamp Office"—it shall be lawful for such person or persons to produce such deed, instrument, or writing, to the Supervisor of the Revenue, within whose district such person or persons shall reside, which Supervisor, thereupon shall certify under his hand and seal, and upon some part of said deed, &c. that the same so endorsed has been produced to him, and that the said endorsement is in his belief genuine & after which said endorsement and certificate, and not otherwise, such deed, instrument, or writing shall be, to all intents and purposes, valid and available, as if the same had been or were stamped, countersigned, or marked as by law required.
Public notice is also given, That the Distributors of Stamps, and Collectors of the Revenue thereon, in this District, are designated below, and are the only persons who in this district, are authorized to receive the payment of fines and duties, and to give receipts and make endorsements on instruments, writings, &c. chargeable by law with the Stamp Duties on which stamps shall not have been placed, nor such duties have been paid before completing the same.
   FIRST SURVEY.   Names. Places of Residence. Counties.     Stephen Smith, Collector. Machias. Washington.   John Lee, do. Castine. Hancock.   Francis Cook, do. Wiscasset. Lincoln.   Jeremiah Dummer, do. Hallowell. Kennebec.   John Frothingham, Esq. } do. & Inspector, } Portland, } Wells, } Cumberland. } York.   Joseph Storer, Collector.  
   SECOND SURVEY.   Names. Places of Residence. Counties.     William Farnham, do. Newburyport, Essex.   B. B. Macanulty, do. Salem, Do.   John Brooks, Esq. Inspector of said Survey, } Medford, } Boston, } Middlesex. } Suffolk.   Abraham Lincoln, Collector, } Worcester, } Boston, } Worcester. } Suffolk.   Simeon Butler, do. Northampton, Hampshire.   John S. Hopkins, do. Stockbridge, Berkshire.  
   THIRD SURVEY.   Names. Places of Residence. Counties.     Ebenezer Storer, Esq. Inspector of said Survey, } Boston, } Dedham, } Suffolk. } Norfolk.   Jere Shuttleworth, Coll. } Dedham, } Plymouth, } Norfolk. } Plymouth.   William Goodwin, do. Plymouth, } Barnstable, } Plymouth. } Barnstable.   Ebenezer Bacon, do. Barnstable, } Edgarton, } Barnstable. } Duke's county.   John Pease, do. Edgarton, } Nantucket, } Duke's county. } Nantucket.   William Coffin, do. Nantucket, } Taunton, } Nantucket. } Bristol.   Foster Swift, do. Taunton, } Bristol. } Bristol. }  
J. JACKSON, Supervisor.
Boston, March 28th, 1801.
LIST OF LETTERS.
Remaining in the Post-Office, at Kennebec, April 1, 1801.
 Francis Blake, 2.  Ebenezer Coburn, Constable, Wells.  Simeon Coburn, Cobalt.  Mabel Dighton, Wells.  Margaret Dutch.  Joseph Farnald, 2.  Benjamin Greenough, Wells.  James Hall, Arundel, 2.  William Hall, Arundel.  Joseph Hutchings, jun.  Aaron Littlefield, Arundel.  Benjamin Littlefield, Wells.  Nathaniel C. Little.  Mary Orne, Arundel.  Benjamin Smith.  John Simpson.  Frederick Wakefield. 
NOTICE is hereby given that I the subscriber have taken upon me the care of IM- LAH MERRILL and Wife, of Lewiston, and have received a deed of his property. I hereby forbid all persons having further dealings with him, as I will not pay any debts of his contracting after this date; and I hereby desire all persons having demands against him to exhibit the same to me for settlement.
BENJAMIN PARKER.
Lewiston, March 28, 1801.
WHEREAS this day, my wife JENNY, did elope from me, without any cause or provocation—this is therefore to warn all persons trusting her on my account, being determined not to pay any debt that she may contract. Witness my hand.
WILLIAM RENDELL.
A bargain!
TO be sold, nine acres of very excellent LAND, with a HOUSE, BARN, a SAW and GRIST MILL thereon, pleasantly situated in the town of Gorham. It is situated on the main road two miles above the corner. The premises will accommodate a trader. For particulars inquire of
JOHN STEVENSON.
Gorham, March 26, 1801.
REMOVAL.
RICHARD BUTTS, informs his customers and friends, that he has removed from Fifth-Street, to his shop lower end of Union-Street, where he carries on the Tailor's business as usual, and shall be happy to accommodate those who may please to favor him with their commands.
March 17, 1801.
To the Hon. the Justices of the Court of Common Pleas holden at Warren on the second Tuesday of January Anno Domini 1801.
THE petition of Joseph Christopher, of Pownalborough, in the county of Lincoln, Esquire, respectfully shews, that your petitioner is interested in, and seized as tenant in common with others to your petitioner unknown of one undivided moiety of a certain tract, piece, or parcel of land, situate, lying and being in Pownalborough aforesaid, on Wiscasset Point so called, bounded thus, viz. Beginning at the Northeasterly corner of land belonging to Jeremiah W. Noyes, on the road leading by the Burying-ground; thence northwest twenty eight rods to land belonging to the heirs of the Estate of Henry Hodges, Esq. deceased; thence northeast by land belonging to said heirs thirty four rods; thence southeast twenty two rods; thence southerly and westerly to the bounds first mentioned. And your Petitioner being desirous of having, holding and enjoying his particular part, share, or portion of said piece or tract of land with the privileges thereof; prays the piece or tract of land aforesaid may be divided, and that his said share or moiety thereof, may be assigned to him, so that he may hold the same in severality.—
JOHN MERRILL, Jun. Attorney to the said Christopher.
A true copy— Attest, JONATHAN BOWMAN, jun. Clerk.
LINCOLN, IT—Court of Common Pleas, at Warren, January Term, 1801.
UPON the petition aforesaid; Ordered that the said petition, notify all persons interested therein, to appear at the next Court of Common Pleas, to be holden at Pownalborough within a and for the county of Lincoln, on the first Tuesday of June next; by publishing an attested copy of said petition and this order thereon three weeks successively in Jenks' Portland Gazette, the last publication to be three weeks at least, before the sitting of court; also by posting an attested copy of said petition and this order thereon, in some public place in said Pownalborough three weeks at least, before the sitting of said Court, that they may then and there appear and show cause, if any they have, why the prayer thereof should not be granted.
Attest—JONATHAN BOWMAN, jun. Clerk.
TO BE SOLD,
IN THE TOWN OF PORTLAND, A NUMBER of valuable HOUSE LOTS, which will be soon in the center of the town, as building and improvements go on rapidly in the place.—Also, a DISTIL HOUSE, with every thing proper to distil Spirits; which is built of stone and brick, and is among one of the first in America of its size—can have at any time, water led to it by pipes from a living spring—has in it four Distils, one of sixteen hundred gallons, one of twelve hundred gallons, one of five hundred, and one of fifty gallons. The Distil-House stands at the head of a wharf, where vessels may load and unload.
Also twenty-five rods of FLATS in front, running that width until it reaches the channel—A good WHARF on said Flats, extending within one hundred and eighty feet of the channel, which is deep water; so that by adding one hundred and eighty feet to said wharf, the largest vessels may lay afloat at low water. There is a STORE on said wharf 30 by 25 feet, and a Cooper's Shop on the breast wharf, 40 by 20 feet.
TERMS OF PAYMENT.
One eighth part of the purchase down, one eighth in three months, the other three quarters to be paid in four years time, in the following manner, viz. One quarter of the remaining purchase paid in one year, second quarter the second year, third quarter the third year, and the fourth quarter the fourth year from the day of purchase; the interest on the whole to be paid from the said time until paid. If the purchase money is paid down there will be an allowance of six per cent.—For further information, apply to Mr. STEPHEN CODMAN, in Boston—or to Mr. ARTHUR M'LELLAN, in Portland.
Portland, 28th Mar. 6 1801.
Bricks.
WANTED, from 150 to 200 thousand of the first quality of BRICKS—to be delivered in this town in the course of the next winter.—Any person wishing to contract for the same may make their terms known to either of the subscribers.
Jonathan Stevens, William Codman.
Portland, March 30, 1801
A Bargain.
TO be sold, a FARM in the westerly part of the town of Buckfield, containing one hundred acres of Land of an excellent quality. Forty of which are under improvement; with a House and Barn thereon, and a small Orchard. The conditions of payment made easy to the purchaser.—For further particulars inquire of the Subscriber living on the premises. TIMOTHY HUTCHINSON.
Buckfield March 18, 1801.
To be sold,
NEAR the centre of the town of Freeport, an excellent stand for a Tavern, and now occupied for the same purpose, to very good advantage; likewise, very suitable for a merchant, gentleman or mechanic, containing three acres of excellent land, under the best cultivation, a dwelling house, a large and convenient stable, a barn and shed thereon, with nearly 100 fruit trees of various kinds, some of which are in full bearing—All on the most reasonable terms, by immediate application to
JOSEPH STOCKBRIDGE, Freeport, March 26, 1801, on the premises.
Wool Carding Machine.
THE subscriber respectfully informs the inhabitants of this and the neighboring towns, that at a considerable expence he has erected a machine for Carding Wool, for Spinning, and for Hatters. The expence of carding by this machine is much less than by hand, and greatly preferable on every account.
It is presumed that the patriotic inhabitants of Falmouth, and vicinity, will be emulous to encourage every attempt to increase the useful and necessary manufactures of our country, particularly that of Woolings; and as fast as possible lessen our dependence on foreign nations for articles which our own industry may enable us to procure from the materials with which this country abounds.
Wool sent to be carded or made into Rolls for spinning, will be carefully and punctually attended to; and every favor duly acknowledged.
Moses Longfellow.
Falmouth, Saccarappa Falls, March 28, 1801.
EXHIBITION
OF INNOCENT AMUSEMENTS.
THIS EVENING, April 6, at the New Assembly-Room, Fore-street,
MR. MAGINNIS will exhibit a Grand Medley of Entertainments, by the grand set of Automaton Figures (which will walk, speak and move, as natural as life)
In part it will be represented the celebrated Ballad
Babes in the Wood.
The Grand ingenious Italian FANTOCINI, which has been performed in London for upwards of 100 nights with universal applause.
Part Second.
Mr. ROBINSON,
will jump over twelve men's heads throwing a Somerset in the air.
DONEGANE , will perform his active and many feats on the SLACK WIRE.
The whole to conclude with the wonderful phenomenon called the
Antipodean Whirligig,
Never attempted or performed by any person but Mr. Robinson; who with his head on the top of a table goes round at the rate of 60 or 100 times a minute, without the assistance of his hands.
Other particulars in the Bills of the day.
Doors opened at seven—performance quarter before eight.
Pit half a Dollar—Gallery 25 Cents
Tickets may be had at the place of performance, and at Mr. Jenks' Book-Store.
Children who come with their parents admitted for half price
Tobacco,
OF AN EXCELLENT QUALITY. Just received, now manufacturing, and for sale, wholesale and retail,
By S. & E. Sumner,
At their Manufactory, foot of Fifth-Street. Pigtail, Fine Twist, Pigg, and Smoking TOBACCO, and SEGARS—Likewise, ELLIOT'S SNUFF, per bladder or smaller quantity. Portland, March 30.
MAINE
Fire & Marine Insurance Company.
IN conformity to their act of Incorporation, the President and Directors of the Maine Fire and Marine Insurance Company give notice, that their Capital Stock amounts to One Hundred Thousand Dollars; and that they continue to receive Proposals and make Insurance upon the following risks, viz.
On Vessels, Goods and Freight; against captivity of persons; and on the life of any persons during their absence at sea; in cases of money lent upon bottomry and respondentia.
On Houses or other Buildings within the District of Maine, against damage arising to the same by Fire originating in any cause except that of design in the insured.
The Insurance Company will not insure a greater sum than a greater sum than Twelve Thousand Dollars on any one risk.
By order of the President and Directors, JOSEPH SWIFT, Secretary. Maine Fire and Marine Insurance Office, Portland, March 6th, 1801.
For Sale,
THAT commodious situation belonging to the Subscriber, at the Falls in North-yarmouth—consisting of a new and elegant DWELLING-HOUSE, OUT-HOUSES, and STORES, Mowing Land, &c.—For terms apply to
Payn Elwell, on the premises.
North-yarmouth, March 13.
THE subscribers, being appointed Commissioners by the Hon. William Gorham, Esq. judge of Probate, &c. for the county of Cumberland, to receive and examine the claims of the creditors to the Estate of
James Larrabee,
late of Portland, Sadler, deceased, represented insolvent; and six months being allowed for that purpose, hereby give notice that they will attend the business of their appointment at H. Wheeler's shop, near the Hay-market, in Portland, on the first Tuesday in April next, and on the first Monday of the five following months, from 3 to 6 o'clock P. M.
John Thrasher, Henry Wheeler.
Portland, March 26, 1801.
THE subscriber hereby gives notice to all concerned, that having been duly appointed administratrix on the Estate of
James Larrabee,
late of Portland in the county of Cumberland, Sadler, deceased, has taken upon her that trust, and given bond as the law directs:—She therefore requests all persons who are indebted to said deceased's estate to make immediate payment; and those who have demands thereon, to exhibit the same to
MERIAM LARRABEE.
March 30, 1801.
NOTICE is hereby given, that the subscriber has been duly appointed Executor of the last will and testament of
Daniel Peabody,
late of Warren, in the county Lincoln, Tailor, deceased, and has undertaken that trust by giving bonds as the law directs: all persons therefore having demands against the Estate of said deceased, are desired to exhibit the same for settlement; and all indebted to said Estate are requested to make immediate payment.